As patients, we expect medical professionals to do what is best for us. And most of the time, they do just that. However, medical professionals aren’t perfect—they sometimes make mistakes. And when a medical professional makes a mistake, the consequences can be devastating. When a medical professional makes a mistake due to negligence, this is called medical malpractice.
Legal elements of medical malpractice
In order to prove malpractice in court, the following factors must be demonstrated:
- The standard of care was violated – The level of care that is expected of a reasonably prudent health care professional is known as the standard of care. Every patient has the right to expect that this standard will be upheld. When medical professionals violate the standard of care, they put patients at risk.
- The violation caused an injury – A violation of the standard of care by a medical professional isn’t enough on its own to demonstrate medical malpractice. Rather, the patient must also prove that he or she sustained an injury as a result of the violation. In other words, the patient must prove that his or her doctor’s negligence caused an injury. Without an injury, there is no case.
- The injury resulted in damages – Medical malpractice cases can be expensive to try in court. They often require the testimony of medical experts and many hours of deposition testimony. Therefore, in order for a case to be worthwhile, the patient must have suffered significant damages as a result of his or her injury. If the damages are minor, the cost of pursuing the lawsuit may be greater than the expected recovery (if the lawsuit is successful). If you believe you’ve suffered a medical malpractice injury that has resulted in significant damages, you should contact a Florida medical malpractice attorney for guidance.
Examples of malpractice
There are many types of medical malpractice. Common forms of malpractice include:
- Failure to diagnose
- Poor follow-up
- Poor aftercare
- Premature discharge
- Misreading lab results
- Lab result errors
- Unnecessary surgery
- Surgical errors
- Wrong-site surgery
- Wrong or improper medication
- Wrong dosage
- Failing to take the patient’s history
- Failure to order appropriate testing
- Failure to recognize patient symptoms
Contact Staples, Ellis + Associates today for an initial consultation!
If you are a victim of medical malpractice in Pensacola, Florida, you may be entitled to financial compensation. However, in order to give yourself the best shot at recovery, you need an experienced attorney on your side. Located in Pensacola, Florida, Staples, Ellis + Associates, P.A., has over seventy years of combined experience representing malpractice victims in Northwest Florida. At Staples Ellis, we will fight for your right to receive financial compensation for your Florida medical malpractice injuries. Please contact our office as soon as possible to set up a consultation with one of our talented Florida medical malpractice attorneys.
Posted in: Medical Malpractice