Medical malpractice is unfortunately more common than most people realize, and the individuals who have been injured as a result of medical malpractice are often left to fight for their rights and just compensation. Medical malpractice can have serious implications and leave individuals with injuries that require long-term or even life-long treatment, all of which can be costly and cause major life changes. If you or someone you love has been injured as a result of medical malpractice, you may be wondering what you should do and what your options are.
In this article, we’ll explore what a medical malpractice lawsuit is, how it works, the laws specific to Florida in relation to medical malpractice lawsuits, and how to negotiate a settlement offer and payout in a lawsuit regarding medical malpractice.
What Is Medical Malpractice?
Medical malpractice is when a doctor, health care professional or medical care facility such as a hospital harms a patient through negligence or an act of omission. Common examples of negligence in terms of medical malpractice include misdiagnosis, medical errors, medical mistakes in treatment and aftercare, and insufficient or unethical health management.
In order for the law to consider an act of negligence medical malpractice, certain characteristics must be present. These factors include:
- A standard of care violation: A standard of care refers to the agreed-upon medical standards that medical professionals agree to and are required to uphold. Each situation varies in its standard of care; however, in all medical circumstances, there is a specific standard of care that must be upheld. Not upholding this standard of care can result in the medical professional or medical facility acting in a negligent manner to a patient or patients.
- An injury occurred as a result of negligence: Another important characteristic of medical malpractice is that the patient’s injury in question must have come as a direct result of negligence on behalf of the medical practitioner or medical facility. This means that it’s not enough for a healthcare professional to not follow the standard of care; their actions must have resulted in harm to a patient or patients. The patient must be able to prove that their injury was the direct result of negligence.
- The patient’s injury caused significant damages: Another important component of medical malpractice lawsuits is that the injury in question must have caused the patient significant damage. For example, if the injury caused a disability, long-lasting pain, loss of income, hardship, suffering, or significant medical bills, this would be considered significant damages and is worth going to court over.
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Examples Of Medical Malpractice
There are several different forms of medical malpractice. The following are just a few examples of negligence that may qualify as medical malpractice and upheld in a court of law:
- Ignoring or misreading lab test results
- Misdiagnosing a condition or disease
- Failure to diagnose a condition or disease
- Premature discharge
- Poor or no follow-up after a procedure or surgery
- Surgical error
- Performing surgery on the wrong surgery site
- Unnecessary surgery
- The wrong medication being prescribed or the wrong dose being given
All of these examples can result in potential harm to the patient and can result in significant damages that can have a lasting impact on the patient’s life and livelihood.
How Does A Medical Malpractice Lawsuit Work?
If you or a loved one has been injured as a result of medical malpractice and negligence, you may be wondering how a medical malpractice lawsuit works. There are several stages of a medical malpractice lawsuit. These stages include:
- Proving negligence on behalf of the medical facility or healthcare professional
- Proving that the negligence of the facility or medical provider resulted in an injury and significant damage
- Proving causation on behalf of the medical practitioner
- Bringing the case to the medical facility
- Going to court to sue the medical facility or practitioner or settling outside of court
- Negotiating a settlement for the medical malpractice claim
- Collecting the settlement
Depending on the specifics surrounding the medical malpractice case, each step can take several days, weeks, or even months to complete. Additionally, very few medical malpractice lawsuits actually go to court. Instead, many medical facilities and practitioners choose to do an out-of-court settlement to avoid costly court fees. This is where the negotiation of a settlement comes into play.
What Are The Laws In Florida Regarding Medical Malpractice Settlements?
In the state of Florida, there is a cap on damages that will be paid out for non-economic cases and settlements. The cap ranges between $500,000 to $1 million depending on the particular case and the type of doctor that was involved in the malpractice suit. However, in June of 2017, this cap was ruled as arbitrary and any limits related to non-economic damages were deemed unconstitutional. This means that technically there is no cap on settlement amounts; however, many lawyers representing medical professionals will try to uphold this cap.
Additionally, Florida has a statute of limitations when it comes to medical malpractice lawsuits. Medical malpractice lawsuits must be initiated within two years of the injury or four years after the malpractice happened. The exception to this statute is if the healthcare provider fraudulently concealed the negligence.
How To Negotiate A Settlement In A Medical Malpractice Lawsuit
There are a number of things that must be done when negotiating a settlement in a medical malpractice lawsuit. The most important steps of this process include:
- Proving Negligence: Proving negligence often requires a medical expert who can pinpoint the specific instance in which a medical provider did not meet the standard of care. The expert will review your medical records and injuries and provide you with an opinion as to whether the practitioner acted negligently.
- Proving Causation: Next, you’ll need to also prove causation. Proving causation can be more difficult than proving negligence, as you must show that the practitioner’s negligence directly caused your injury. For example, if you went to the doctor for treatment for an injury and the injury worsened after the treatment, this would be causation.
- Show The Value Of Your Claim: Another important part of negotiating a settlement in a medical malpractice lawsuit is to show the value of your claim. The value of your claim refers to any damages and losses that were a direct result of the practitioner’s negligence. Examples of things that count towards the value of your claim include lost wages, a reduced ability to earn an income, medical expenses, and pain and suffering.
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Filing a medical malpractice lawsuit can be challenging, especially for injured patients coping with issues and complications that resulted from the medical negligence. Working with an experienced medical malpractice lawyer can ensure you are treated fairly and that you get the settlement you deserve for your pain and suffering. If you or a loved one has been injured as a result of medical malpractice, contact the personal injury law firm of Florin|Roebig today at (800) 226-6581 for a confidential and free consultation.
