What You Need To Know About Florida Medical Malpractice Compensation and How To Get It

What You Need To Know About Florida Medical Malpractice Compensation and How To Get It

Most of the time, when we visit our doctors or healthcare professionals, we receive the best treatment and our health conditions improve. Unfortunately, this isn’t always the case. Medical mishaps can occur, leaving us in worse shape than when we first sought help. Although not the norm, accidents do happen.

If you suspect you’ve been the victim of medical malpractice, it’ll require the direction, guidance, and expertise of an experienced medical malpractice attorney. These cases can be quite complex, so to receive the maximum compensation, speak to an attorney without delay.

What Is Considered Medical Malpractice?

In its broadest terms, medical malpractice occurs when a healthcare provider’s treatment falls well below acceptable standards of practice and causes the patient harm. Medical malpractice claims are filed with the civil court and are rarely considered a criminal act.

Medical malpractice, however, is not having a different expectation other than what is to be generally expected. For example, if you had invasive surgery and it’s expected that you’ll have a considerable amount of pain during the recovery process, this isn’t a case of medical malpractice. Types of medical malpractice include:

  • Failure to diagnose – This type of medical malpractice occurs if a doctor fails to correctly diagnose a medical condition, one that another similarly trained physician would have diagnosed correctly, and it caused you harm.
  • Surgery errors – Examples of surgical errors can include leaving behind medical devices inside of the patient or the amputation of the incorrect extremity.
  • Insufficient aftercare – Not providing the patient with adequate aftercare or follow-up procedures is considered medical malpractice if it negatively affected your health.
  • Prescription errors – Failure to check a patient’s medical background to determine if they’re allergic to a medication or dosing errors are grounds for medical malpractice. Medication dispensing errors could be the fault of a physician, pharmacist, or technology issue.

How To File a Florida Medical Malpractice Lawsuit

To receive compensation for a Florida medical error, you’ll first have to work with an experienced lawyer, one who’s handled cases similar to yours. Filing a medical malpractice lawsuit can be a confusing process, and the state of Florida has a few prerequisites for filing this type of case. Before filing the lawsuit with the court, the following must happen:

  1. Obtain a sworn affidavit from a medical professional confirming that the medical mistake caused the patient’s condition to worsen or created an additional medical condition.
  2. The individual or entity that you intend to file the lawsuit against must be notified of your intentions and they must be given a copy of the above-mentioned affidavit.
  3. The defendant will have 90 days to acknowledge and respond to your claim.

While waiting for the defendant or defendants to respond, your lawyer will begin to collect both evidence of your injuries and what your medical expenses have been thus far, and any expected medical care and costs. Once your lawyer has been contacted by the defendant’s legal counsel, the case will be filed with the Florida civil court.

Discovery Phase

Before a medical malpractice case goes to trial, both legal teams get together to share evidence, which is known as the discovery phase or discovery process. This phase can be time-consuming and can include the deposition of expert witnesses and others key to the case. Information will be shared between both teams and quite often, settlements are reached. Agreements can be reached with the assistance of unbiased mediators or arbitrators. Your lawyer will fight for you to get the maximum compensation for your injuries.

Trial Phase

If an agreeable and fast settlement hasn’t been reached during the discovery phase, then the case will go to trial. Medical malpractice trials can be lengthy, and even if you receive a favorable judgment, the defendant can file for an appeal, thus adding more time to the case. Fortunately, most cases are settled during the discovery phase, however, there’s always a chance of a trial. The trial could either be heard by a judge or by a judge and a six-person jury.

Florida Medical Malpractice and How To Receive Compensation: Final Words

Working with an experienced medical malpractice attorney is key to receiving the maximum compensation for your injury. Not receiving the care you should have from your medical professional is never expected, but accidents can happen. Whether you’ve been misdiagnosed, were the victim of an operating room incident, or received the wrong medication, you have the right to file a lawsuit.

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