Do I Have a Medical Malpractice Claim? (2024)

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider acts negligently and harms a patient. Negligence is the failure to exercise the care that a reasonable professional would have exercised under similar circ*mstances.

Elements Of Malpractice

In a medical malpractice claim, four elements must generally be proven. These include:

Duty of Care: The healthcare provider owes you a duty of care. The existence of a doctor-patient relationship usually establishes this.
Breach of Duty: The healthcare provider has failed to meet the expected standard of care. This means they didn't provide treatment or care that a reasonably competent and knowledgeable healthcare provider of the same profession and under similar circ*mstances would have provided.
Causation: The breach of duty directly caused or substantially contributed to your injury, harm, or damages. This requires proof that your injuries would not have occurred if the healthcare provider had met the required standard of care.
Damages: You have suffered quantifiable physical, emotional, or financial damage due to the healthcare provider's breach of duty.

Standard Of Care And Breach

The medical standard of care refers to the level of care and skill that a competent medical professional with similar training and experience would apply in the same situation. The standard of care may vary depending on the case's specifics, such as the patient's age, medical condition, and the practices of the medical community.

A healthcare provider breaches the standard of care if their actions (or omissions) are inconsistent with what a reasonable professional would have done, resulting in harm to the patient. To determine whether a breach has occurred, the following factors may be considered:

The training, experience, and specialization of the provider
The circ*mstances of the patient's treatment
Recommendations and guidelines from professional organizations
Opinions from experts in the same medical field

It’s important to remember that not every unfavorable healthcare outcome is due to medical malpractice. Medical negligence only occurs when a healthcare provider's actions deviate from recognized standards of care, and this deviation causes harm to the patient.

Exploring The Validity Of A Claim

By evaluating the following factors and gathering the necessary documentation, you can better determine whether you have a medical malpractice claim and, if warranted, can confidently pursue legal action.

Determining Negligence

The most important factor in a medical malpractice action is the medical provider's negligence, whether a doctor, nurse, or health care facility. Negligence means that a medical professional fails to exercise the care expected of someone with similar training and experience.

Medical errors, failure to diagnose, failure to treat, and wrongful treatment can all be considered examples of negligence.

Linking Injury To Negligence

Once negligence is established, the next step is to prove a direct link between the negligence and the harm or injury to the patient. This requires proving that the defective care resulted in specific harm or injury to the patient.

It's important to gather evidence, such as medical records, expert witness testimony, and other relevant documents demonstrating a clear connection between the medical provider's negligent actions and the harm caused to the patient.

Impact Of Comparative Fault

In some cases, the patient may also be found to have contributed to their injury through their actions or inaction. This is known as contributory negligence and can significantly impact the outcome of a medical malpractice claim. If a patient is found to be partially at fault, their compensation may be reduced in proportion to their degree of fault.

It’s important to be aware of any contributory negligence and address it in the claim. A solid medical malpractice claim can demonstrate the healthcare provider's negligence and its direct impact on the patient's injury, regardless of contributory negligence, through a clear and convincing presentation of evidence and expert testimony.

Medical Malpractice Claim Checklist

To assess the viability of a potential medical malpractice claim, you should gather and review the following documentation:

Relevant medical records detailing the treatment or procedure in question and any follow-up treatments or consultations
Expert opinions from qualified medical professionals in the relevant field claiming the alleged negligence or injury
Documentation of damages suffered, such as expenses for additional treatment, lost income due to missed work, or records of physical or emotional trauma

Keep in mind that Florida has a statute of limitations on medical malpractice claims. This means that you must file a lawsuit within a certain period of time after the alleged malpractice. Consult with an experienced medical malpractice attorney to determine the time frame for your case and ensure that you meet the appropriate deadlines.

The Legal Process

Taking legal action when faced with the unfortunate event of medical malpractice can be a daunting prospect. For anyone seeking justice and compensation, it's important to understand the key steps in this legal process.

Statute Of Limitations

The statute of limitations refers to the specific time frame in which you can legally assert a claim. Generally, the statute of limitations for medical malpractice in the United States is between two and four years.

In the State of Florida, the statute of limitations for medical malpractice cases is two years. However, this may be extended to four years if the injury wasn’t immediately discoverable. Keep in mind that the statute of limitations varies from state to state. Therefore, consulting with a knowledgeable attorney is essential to ensure you proceed within the allowable time frame.

Filing a Lawsuit

Once you have determined that you are within the statute of limitations, the next step is to file a lawsuit. This begins with drafting and filing a lawsuit in civil court, formally stating the allegations against the defendants — usually the healthcare professional(s) or healthcare facility. At this stage, working with an experienced medical malpractice attorney is critical to ensure that your claim is adequately presented.

Certificate And Affidavit Of Merit

A certificate of merit or affidavit may be required before the process can proceed. This document is submitted by a qualified medical expert who has reviewed your case and determined that the healthcare provider or facility failed to meet the expected standard of care and that the patient suffered harm. This requirement prevents frivolous or unfounded lawsuits from burdening the court system.

The Discovery Phase

Once the lawsuit has been filed, the discovery phase begins. In this critical phase, the plaintiff and defendant exchange information and evidence relevant to the case. Examples of such information include:

Medical records
Witness testimonies
Expert reports

During the discovery phase, your attorney gathers evidence to support your claim and anticipates the defenses that could be used against you.

After the discovery phase, the case may go to trial, where a judge or jury will evaluate the evidence and determine the outcome. However, it's worth noting that many medical malpractice lawsuits are settled before trial through negotiations between the attorneys for both parties.

Your Rights And Compensation

If you were the victim of medical malpractice, you may be entitled to compensation for your injuries and damages. The damages are broken down into a few distinct categories.

Economic Damages

Economic damages are quantifiable financial losses resulting from the malpractice, such as medical bills, lost income, and future medical expenses. Economic damages are much easier to make a case for as they are easier to document and prove.

Non-Economic Damages

Non-economic damages are more subjective, so they can be more difficult to quantify in a claim. These will typically include things like pain & suffering caused by the malpractice and emotional distress such as anxiety, fear, or depression.

Punitive Damages

Punitive damages can also be awarded in cases where the defendant's behavior was particularly egregious or reckless. The goal is to punish the defendant and deter similar behavior in the future.

In cases of wrongful death due to medical malpractice, the victim's family may seek compensation for loss of companionship, funeral expenses, and other related costs.

Damage Caps

Many states have implemented damage caps to limit a plaintiff's compensation in a medical malpractice claim. The caps may apply to economic, non-economic, and/or total damages. These caps are intended to help contain skyrocketing insurance costs and maintain the availability of medical services.

Speak To A Lawyer About Your Medical Malpractice Claim

If you suspect that you’ve received poor medical treatment and are the victim of medical malpractice, you should contact the Weinstein Legal Team right away. We have a network of experienced medical malpractice attorneys who will fight on your behalf.