When medical professionals fail to provide proper care, patients suffer the consequences. If you or a loved one has experienced harm due to medical negligence in Coral Gables, turn to Viñas & Deluca for legal support. Our experienced medical malpractice lawyer will evaluate your case and guide you through your options. Call (786) 460-1814 to schedule a free consultation and take the first step toward holding the responsible parties accountable.
Understanding Medical Malpractice in Florida
Medical malpractice is a serious issue that affects thousands of patients every year in Florida. It occurs when a healthcare professional’s actions or inactions cause harm to a patient. While healthcare providers are generally dedicated to ensuring the well-being of their patients, mistakes do happen. However, not every negative outcome from medical treatment constitutes malpractice. To understand when a medical professional’s actions may be legally considered malpractice, it’s important to understand the elements involved.
What Is Medical Malpractice?
In simple terms, medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and this failure leads to harm or injury to a patient. The “standard of care” refers to the level of care that a competent healthcare professional would provide under similar circumstances. For example, if a doctor fails to diagnose a condition that a reasonably competent doctor would have diagnosed, this may constitute medical malpractice.
It’s important to note that not every bad outcome from medical treatment is the result of malpractice. In many cases, complications can arise despite a healthcare provider performing their duties with the highest level of care. Medical malpractice is specifically about mistakes, negligence, or misconduct that lead to preventable harm.
The Four Key Elements of Medical Malpractice
To prove that medical malpractice occurred, four key elements must be established:
- A Duty of Care Was Owed All healthcare providers owe their patients a duty of care. This means that when you visit a doctor, nurse, or hospital, they are legally obligated to treat you in accordance with accepted medical practices. The duty of care is the foundation for a medical malpractice claim. For instance, if a surgeon operates on you, they have a duty to ensure the procedure is performed safely and according to standard practices.
- Breach of the Duty of Care A breach occurs when a healthcare professional fails to meet the standard of care that is expected in a given situation. This could be due to a mistake, negligence, or failure to follow proper medical procedures. Examples of breaches can include prescribing the wrong medication, incorrect dosage, misdiagnosis, surgical errors, or failure to warn a patient about the risks of a treatment.
- Causation Once a breach of duty is established, it must also be proven that the breach directly caused harm to the patient. Causation means that the healthcare provider’s failure to meet the standard of care was a direct factor in the injury or harm. For example, if a doctor prescribes the wrong medication and the patient suffers a serious allergic reaction, the doctor’s mistake is considered the cause of the harm.
- Damages The final element involves the patient suffering damages, such as physical injury, emotional distress, or financial loss, as a result of the breach of care. Without damages, there can be no medical malpractice claim. The damages may include medical bills, lost wages, pain and suffering, and even the need for future medical care if the injury was serious.
Common Examples of Medical Malpractice
There are many types of medical errors that can lead to malpractice claims. Here are some common examples seen in Florida:
- Misdiagnosis or Delayed Diagnosis When a doctor misdiagnoses a patient’s condition or fails to diagnose it in a timely manner, it can lead to severe consequences. For example, if cancer is misdiagnosed as a less serious condition or diagnosed too late, it can reduce the effectiveness of treatment and increase the risk of complications or death.
- Surgical Errors Surgical errors can range from performing the wrong procedure to leaving surgical instruments inside a patient’s body. These errors are often preventable and can have lasting effects on a patient’s health. Common surgical mistakes include operating on the wrong body part, incorrect incision placement, or anesthesia errors.
- Medication Errors Medication errors, such as prescribing the wrong drug or the wrong dosage, are another form of medical malpractice. These errors can lead to serious side effects or even death. For instance, a patient who receives an incorrect dosage of insulin may experience dangerous fluctuations in blood sugar levels.
- Birth Injuries Birth injuries, such as brain damage or nerve damage during delivery, can occur if doctors or nurses fail to provide the appropriate care. Failure to monitor fetal distress, improper use of forceps, or failure to perform a timely C-section are all examples of medical errors that can result in birth injuries.
- Anesthesia Errors Anesthesia errors can be catastrophic. Administering the wrong type or amount of anesthesia can cause brain damage, organ failure, or even death. Anesthesia-related malpractice can occur during any surgical procedure requiring anesthesia.
- Failure to Obtain Informed Consent Informed consent is the process in which a healthcare provider explains the risks, benefits, and potential outcomes of a procedure or treatment before it is performed. If a doctor fails to inform a patient about the risks involved, or if a patient is not fully aware of what a procedure entails, this may be grounds for a malpractice claim.
How Medical Malpractice Is Different From General Negligence
While medical malpractice is a type of negligence, it differs from general negligence in that it specifically applies to medical professionals. In a general negligence case, such as a car accident or slip-and-fall accident, the defendant may be held responsible for failing to act as a reasonable person would under similar circumstances. However, medical malpractice involves a specialized standard of care, as it is based on what a competent healthcare professional would do in the same situation.
Statute of Limitations
If you believe you’ve been a victim of medical malpractice in Florida, it’s essential to understand the statute of limitations. In most cases, Florida law allows you to file a medical malpractice claim within two years of the incident or from when the injury was discovered. However, there are exceptions, such as cases involving fraud or concealment of malpractice. It’s important to consult with an attorney promptly to ensure you don’t miss the deadline for filing your claim.
Seeking Legal Help for a Medical Malpractice Case
Proving medical malpractice can be complex, requiring expert testimony, medical records, and a thorough investigation. If you believe you’ve suffered from medical malpractice in Florida, it’s crucial to consult with an experienced personal injury attorney. A skilled lawyer can help you understand your rights, gather evidence, and pursue the compensation you deserve for your injuries.
In Florida, there are strict rules governing medical malpractice claims, and navigating them on your own can be overwhelming. Having an attorney on your side can help ensure that you meet all necessary legal requirements, build a strong case, and increase your chances of success.
Let a Medical Malpractice Attorney Evaluate Your Case
Medical malpractice cases require in-depth legal knowledge and careful attention to detail. At Viñas & Deluca, our Coral Gables medical malpractice attorneys are equipped to handle even the most complex claims. If you’ve suffered due to a healthcare provider’s negligence, call (786) 460-1814 to schedule a free consultation and learn how we can help you seek accountability and compensation.