Oldsmar Medical Malpractice Lawyer
We rely on medical professionals to diagnose, and when possible, treat our illnesses. While many physicians, nurses, and hospitals use the greatest care in performing this service, some do not, which can have devastating results for patients. Medical malpractice claims tend to be complicated, as they require a careful examination of the standard of care in a particular case, as well as an understanding of informed consent and complex medical terms. For this reason, retaining an experienced Oldsmar medical malpractice lawyer can make all the difference in the outcome of a case.
Examples of Medical Malpractice
While many of us associate medical malpractice with botched surgeries, the reality is that a number of different types of mistakes can qualify as medical malpractice for liability purposes, including:
- The improper administration of anesthesia, which can result in oxygen loss and even death;
- Performing surgery on the wrong person or body part;
- Prescribing or administering the wrong type or amount of medication to a patient; and
- Failing to thoroughly evaluate a patient’s condition or provide an accurate diagnosis.
Although all forms of medical negligence are dangerous for patients, some are particularly well-known for having potentially deadly consequences. For instance, failing to recognize the signs of cancer can delay treatment to such a point that the patient actually loses his or her life. Similarly, failing to take patient histories and prescribe the proper medications can lead to life threatening complications, birth defects, disability, and miscarriage. However, a person will only be entitled to damages for this kind of negligence if he or she can prove the elements of a medical malpractice claim.
Elements of a Medical Malpractice Claim
Patients who are injured due to the negligence of a medical professional may be able to file a lawsuit against the at-fault party, but will only be successful if they can prove that the doctor, nurse, or other medical professional breached the standard of care generally accepted by other medical professionals who perform similar treatments in the area. To prove that this breach occurred, injured patients will need to retain a medical expert who practices in the same field as the negligent doctor and who can testify as to the proper standard of care in a specific case.
Even if a plaintiff is able to satisfy this burden, he or she will still need to prove that the medical professional’s actions were the proximate cause of his or her injury. Finally, plaintiffs must be able to establish that they have suffered significant harm before they will be awarded compensatory damages for related medical expenses and lost wages, as well as non-economic damages, for losses like pain and suffering and emotional distress. However, these damages are only available to plaintiffs who file their claims before the two year statute of limitations has passed, making it especially important for those who have been injured through the negligence of a physician, to speak with an attorney about filing a claim as soon as possible after their injury.
Set Up an Initial Case Review with an Experienced Oldsmar Medical Malpractice Lawyer
To sit down with an experienced medical malpractice lawyer in Oldsmar and talk about your legal options after suffering an injury because of a doctor’s negligence, please call Pawlowski // Mastrilli Law Group today.
