Also known as medical negligence, medical malpractice takes place when the negligence of a medical professional injures a patient. However, one should not assume that all instances of medical mishaps occur due to negligence. Find below a list of medical mistakes that are often the basis of medical malpractice lawsuits in the state of Florida, when they result due to negligence on the part of the medical professional.
- Failure to treat a patient on time
- Surgery performed on wrong parts of the body
- Delayed diagnosis or even misdiagnosis
- Preventable injury during birth
- Foreign objects left inside the body of a patient after surgery
- Improper medicine prescribed, and
- Improper dosage of medicine administered
What Counts as Medical Malpractice in Florida?
To successfully claim for medical malpractice in Florida, you, the claimant, must prove certain elements. These elements are described in detail below.
Breaching Applicable Standard of Care
It is a legal requirement for all healthcare professionals to treat their patients carefully. Based on section 766.102 of the Florida Statutes, the definition of the prevailing care standards that the medical professional owes to his patient is the level of skill, care, and treatment that is recognized as appropriate and acceptable by what similarly situated and significantly prudent medical professionals would have performed under the circumstances. To breach these standards would be to show how the actions of the defendant deviated from the prevailing professional care standards.
After this, the claimant must prove that the breach of the applicable care standards by the defendant was the proximate cause of his injury. In other words, it is the onus of the defendant to prove that the injuries that have suffered from would not have taken place had the defendant been careful instead of been negligent.
The most important factor is that the claimant must establish that the damages he has suffered are due to the negligence and malpractice of the defendant. To prove this, the claimant must provide evidence of the economic damages (also known as monetary amount) required to replace whatever had been lost, together with any applicable non-economic damages suffered, such as inconvenience, suffering, and pain.
Hire a Professional Lawyer
It might not be possible for you to perform all these tasks on your own, especially when you are unable to move around due to your medical condition. In such a scenario, hire the services of a professional medical malpractice lawyer in West Palm Beach.
The lawyer should have years of experience in successfully and aggressively dealing with such cases. He will fight your case to prove that your injuries are due to negligence or malpractice of the medical professional and provide you with the compensation you are legally entitled.