As part of obtaining a license to practice, medical professionals undergo years of rigorous training in their field. When you seek medical attention from a doctor or a nurse, it is reasonable to be confident and expect that they will take care and caution in your diagnosis and treatment.
The standard of care for medical professionals is far more specific and heightened because of the influence they have over the health and safety of the people under their care. Get informed about your right to compensation with our Clearwater personal injury attorneys. En Español.
The compensation you may recover in a medical malpractice claim includes the following:
- Physical pain
- Mental anguish
- Medical bills
- Loss of wages and/or earning ability
Making a Medical Malpractice Claim
Medical malpractice occurs when a doctor or other medical professional fails to perform their duties effectively and causes harm to a patient as a result. Because medical duties often look after a patient’s health, the consequences of a doctor’s negligence could be catastrophic, or even fatal. Take steps to understand how a medical malpractice claim is made and consult an experienced injury lawyer as you move forward. For a successful medical malpractice claim, you should be able to prove the following:
- There was an existing doctor-patient relationship
- The doctor was negligent in his duties/actions
- The doctor’s negligence caused an injury
- The injury led to damages to you and/or a loved one
Like many other cases of personal injury, most medical malpractice claims require you to establish negligence in order to hold another party responsible. Gathering as much documentation as possible may help to establish a clear doctor-patient relationship and demonstrate a negligence of duties. You do not have to suffer because of a medical professional’s negligent or reckless behavior!
Grounds for Medical Malpractice
Many situations may be considered grounds for a medical malpractice claim, such as:
Aside from in hospitals, however, medical negligence can also occur in nursing homes and in pharmacies. Nursing home residents may not receive proper care. They may be given the wrong medicine or be forced to use broken medical equipment. Patients picking up medicine may even be given incorrectly labeled drugs.
Releasing Medical Records
When someone suffers an injury because of another person’s negligent actions, he or she may want to file a personal injury lawsuit to fight for financial compensation. In many personal injury cases, a plaintiff must access his or her medical records to use as evidence in the case. Unfortunately, though, there are some cases where doctors and physicians can refuse to give a patient their medical records or their children’s medical records.
Due to specific laws regarding privacy, a person may have trouble getting his or her own medical records to use in their personal injury case. Doctors may deny your records request for any of the following reasons:
- The records deal with the patient’s psychotherapy
- The records are for a child whose parent agreed to keep them confidential
- The records are for a child’s treatment that was ordered by the court
- The records could put the patient in danger
However, this evidence can be important in a personal injury case. Fortunately, a knowledgeable Clearwater accident attorney can help you collect the information you need.
Time to File a Claim Is Limited
In Florida, there is a two-year statute of limitations on malpractice cases. This means that, should you be the victim of medical malpractice, you are limited to a term of two years during which you can file a claim. States have statutes of limitations on malpractice to discourage frivolous lawsuits, since after a few years, it can be difficult to ascertain the affects of certain procedures.
At the Law Offices of Tragos, Sartes & Tragos, our Clearwater injury attorneys may be able to help you determine whether you have a claim and assist you in taking immediate action. Contact our firm for effective legal guidance as soon as possible!
Contact A Medical Malpractice Attorney Today
At the Law Offices of Tragos, Sartes & Tragos, we understand the medical malpractice law in Florida Statute § 766 and all related matters pertaining to these types of cases. Our Clearwater medical malpractice lawyers have experience and skills that can help you fight your case and obtain the compensation that you deserve. We have handled many types of medical malpractice cases with success and may help you obtain a positive resolution.