When you become ill, suffer an injury, or develop any medical condition, you turn to doctors to help you heal. You put tremendous trust in health care professionals, and suffering an injury at their hands can be incredibly stressful. Fortunately, if doctors or other healthcare professionals misdiagnosed you, failed to provide proper treatment, or made other errors, you may have grounds for a medical malpractice claim.
A New Port Richey medical malpractice lawyer could provide advice about how to hold the responsible parties accountable for their misconduct. With help from a personal injury attorney, you could pursue fair compensation and secure your financial wellbeing.
Examples of Medical Malpractice
Various circumstances can result in medical malpractice claims. However, some situations are much more common than others, including:
- Prescription medication errors, including wrong dosages, wrong drugs, and drugs that interact adversely with others
- Failing to remove medical instruments and other supplies from the bodies of patients following surgery
- Operating on the wrong organ or limb
- Misdiagnosing or failing to diagnose severe medical conditions that cause delays in treatment
Not all medical errors constitute malpractice. However, individuals who have suffered injuries due to a medical mistake owe it to themselves and to other patients to explore whether they have a valid claim. A medical malpractice lawyer in New Port Richey could assess your situation and determine whether you are eligible to seek damages for your losses.
Negligence in Medicine
Like many personal injury claims, medical malpractice cases usually arise from negligence or a careless disregard for the safety of others. Doctors or other medical providers may be negligent if they act in a way that falls below the standard of care in their industry. The accepted standard of care is the manner in which another health care provider in a similar situation would have treated the patient.
To prove a breach in the standard of care, injury victims must present an affidavit from a medical expert in the same field as the provider accused of medical malpractice. The affidavit must give an opinion that the provider was negligent, breached the applicable standard of care, and likely committed medical malpractice. Without this affidavit, a medical malpractice claim cannot go forward.
Statute of Limitations in Malpractice Cases
Florida Statutes § 95.11(4)(b) imposes a two-year statute of limitations on medical malpractice claims. A statute of limitations in a civil case is a legal deadline for filing claims against any potentially liable parties. If injury victims do not file their claims by the deadline, the court likely will dismiss their claims.
The two-year statute of limitations starts running on the date that the injury to the victims occurred, or on the date that they reasonably should have known that they had suffered injuries. As a medical malpractice attorney in New Port Richey may attest, these two dates can be quite different. However, the Florida statute of repose states that injury victims must file their claims within four years of the date of their injuries, with a few exceptions.
Call a New Port Richey Medical Malpractice Attorney for Help
If you suffered injuries at the hands of those who were supposed to treat your medical problems, holding these professionals accountable can help others avoid similar injuries. With the help of a New Port Richey medical malpractice lawyer, you might receive compensation for medical expenses, lost wages, pain and suffering, and more. By seeking legal counsel right away, you can protect your rights and begin moving forward. To schedule a case review, call today.
