If a doctor, hospital or healthcare professional makes a mistake while diagnosing, treating or performing surgery on a patient, the error may amount to a Medical Malpractice Case. The most common form of Medical Malpractice occurs when a patient is at risk of injury or death, however, unprofessional doctor-patient relationships may also result in Medical Malpractice if significant damage can be proven. Patients put a lot of trust in their healthcare professionals, so when a doctor is negligent, someone must hold them accountable for their actions. That’s when you call your Personal Injury Attorney in Orlando!
By law, the following characteristics must be present in a Medical Malpractice Claim:
A Violation of Standard Care– The law recognizes that there are certain standards that doctors, hospitals and healthcare professionals must recognize. A healthcare physician is supposed to be a trusted, educated person in the community. Healthcare professionals are expected to know how to diagnose and treat their patients, which is known as standard care. A violation of care occurs when healthcare standards are not met. Violation of care can come in the form of surgical errors, failure to diagnose or misdiagnosis, improper care and premature discharge among many other forms.
An injury was caused due to negligence- Medical Malpractice does not occur when one is simply unhappy with the outcome of their healthcare due to a doctor or hospital. For malpractice to occur the patient must prove there was an injury due to negligence. Proving negligence is key to having a Medical Malpractice case.
The injury resulted in significant damages- Medical Malpractice cases are very expensive to litigate.
Countless hours are spent on the testimonies of healthcare professionals and the plaintiff’s deposition. If the damages caused by negligent healthcare are small, the cost of legal fees may be greater than the money you will get from winning the case. Because Medical Malpractice cases are so expensive, the decision to pursue must be made carefully.
Examples of Medical Malpractice include:
- Misreading or ignoring laboratory results- If your doctor fails to provide you with lab results or misreads the results, he or she is being negligent.
- Failure to diagnose or misdiagnosis- If you visit a doctor or healthcare provider because you’re experiencing a medical problem and they misdiagnosis you or don’t diagnose you at all, Medical Malpractice could be proven.
- Poor follow-up or aftercare- When a patient undergoes treatment or surgery, they should expect a follow-up and after-care from their doctor. It’s not uncommon for problems to occur after the patient leaves a medical facility.
- Disregarding or not taking appropriate patient history- A patient’s history is extremely important to proper treatment. Disregarding or not taking appropriate patient history could result in injury or death of the patient.
- Premature discharge- A healthcare physician is assumed to know when to release a patient. Premature discharge could lead to an array of problems after treatment or surgery.
Contact Us
There are many forms of Medical Malpractice. If you or a loved one think you may be a victim of Medical Malpractice, Google “Personal Injury Attorney in Orlando” and click on Vargas Gonzalez Baldwin Delombard. We will work with you from beginning to end, fighting to recover compensation for you and your loved ones.
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