If you believe you have a case for a medical malpractice lawsuit, it is recommended that you consult with a personal injury lawyer in Pasco County that specializes in this field. Lawsuits of this nature can be very complex.
Additionally, there may be an opportunity for other patients to essentially join in as plaintiffs, which often helps in establishing a stronger case. If you feel you might have been the victim of medical malpractice, it is important for you to speak with a Pasco County medical malpractice lawyer right away to determine if you have a strong case. In Spanish.
What Qualifies for a Medical Malpractice?
While there are many types of medical malpractice that are seemingly straightforward, there are many cases that can possibly go unnoticed for a period of time. The four main malpractice categories include misdiagnosis, negligence, prescription mistakes, and surgical errors. A Pasco County medical malpractice attorney can help you identify the correct category and move your case forward.
In a misdiagnosis, a doctor has simply diagnosed their patient with the wrong condition. Many times, the realization that a mistake has been made occurs well after treatment has begun. If a patient is diagnosed with heart disease and they begin treatment, they are taking on many added expenses for a diagnosis that is simply not true. The patient, in this case, could qualify for a medical malpractice in this scenario.
Another example of misdiagnosis is a doctor informing their patient that they have cancer. Even if the patient does not begin treatment, they could still file a lawsuit for medical simply for emotional distress damages.
With negligence, this is often an open and shut case when it comes to pregnancy and childbirth. If a doctor is inexperienced in childbirth but still goes through with delivering a baby, resulting in injury to the mother or injury to the child, negligence is at hand. Essentially, the plaintiff must prove that the doctor did not act within reason of the skill or care a qualified doctor should have.
With prescription mistakes, a common medical malpractice), doctors or nurses administer the wrong dosage or medication resulting in an adverse reaction. Additionally, a doctor can prescribe the wrong medication which can delay a patient’s recovery or make them sicker. While most of the time this is not done with malice, a medical malpractice attorney in Pasco County can uncover that truth.
Surgical errors are mistakes that are made by the anesthesiologist or surgeon during a surgical procedure. Frequent causes of medical malpractice of this nature include: leaving a foreign object inside the patient,such as a medical sponge; failing to control the patient’s bleeding; or damaging a nerve. Other times, patient charts have been mixed up and a surgery has been performed on the wrong patient. Regardless of the reason for this type of medical malpractice, it is important to always get a second or third opinion after a surgery.
Award Limits and Statute of Limitations
For medical malpractice, there is a statute of limitations for filing a lawsuit. This must occur within two years of discovering the injury and no more than four years after the malpractice occurred. There is also a cap on the damages a victim can receive in Pasco County for medical malpractice. Doctors can only be sued for a maximum of $500,000, while a company can be sued for $750,000.
If the malpractice resulted in death or non-responsive state, this cap is increased to $1,000,000. However, these limits apply to the entire payout, regardless of the number of plaintiffs in a multi-plaintiff case.
Contact a Pasco County Medical Malpractice Attorney Today
If you think you may have a case for a medical malpractice, schedule an appointment with a medical malpractice lawyer in Pasco County that specializes in medical malpractices.