Medical malpractice is among the most technically demanding areas of the law. There is only a specific range of issues where a malpractice suit is justifiable. Even with that, the case requires high levels of expert opinion, as it can take a long time and can be very expensive. Before you file a medical malpractice suit, it’s best to consult with a qualified and experienced negligence lawyer in Brandon, Florida. He or she can help ensure that you have a valid case in the first place.
The Basic Elements of a Medical Malpractice Case
In every medical malpractice case, two key factors must be present. The first is a medical professional — a doctor, a dentist, a nurse, or even a medical technician — who made a mistake during your treatment. The “mistake” here may include the failure to act, commonly referred to as “omission” or medical negligence. The second factor is that you have been injured or harmed in some way by this mistake.
One important thing to note here is that, in the State of Florida, the statute of limitations to file a medical malpractice suit (or any personal injury suit for that matter) is two years. This means that you must file a claim within two years of discovering the injury.
Standard of Care
Simply knowing that the medical professional has made a mistake that has injured you is not enough to establish a malpractice lawsuit in Florida. You must also know if you were provided with the proper level of treatment — also referred to as the “standard of care”. If you can prove that you have not received the appropriate standard of care, you have a high possibility of pursuing a malpractice suit.
Cause and Effect
You must also prove that your injuries were caused by a medical practitioner’s negligence. A misdiagnosis is not, in itself, a clear link between negligence and the injuries you have suffered. However, if this misdiagnosis has directly caused new medical problems or has aggravated your existing condition, it is grounds for malpractice.
The Cases are Lengthy and Costly
A medical malpractice case could take a very long time to resolve, especially if the defendant puts up a fight. After all, a conviction of malpractice may end with the suspension of one’s medical license.
In addition, you would also need an expert witness (doctors and other medical specialists) who can prove the link between your injuries and treatment, as well as the lack of an appropriate standard of care. These expert witnesses may charge a high fee for appearing in court. On top of legal bills, these expenses can easily go far beyond the award given by the court as the case drags on.
Still, if you feel strongly about filing, you should push it through with a Brandon personal injury lawyer on your side. They can help you get the compensation you deserve for the unnecessary pain and suffering you went through.
Are You Looking for a Personal Injury Lawyer in Brandon, Florida?
If you were injured because of a medical professional’s negligence in Brandon, Florida, the qualified personal injury attorneys at O’Toole Law Group are ready to help. We have decades of experience and expertise in winning fair compensation for personal injury victims in Brandon, Florida and beyond. Because we represent negligence clients on a contingent fee, you do not pay anything until we get you a settlement.
Contact us today at (863) 533 5525 to speak to one of our licensed negligence attorneys and request a free legal consultation with our team.