Thousands of people in Florida suffer from injuries and even death because of poor medical care and medical negligence. Medical malpractice occurs when a doctor, hospital or health care professional, commits an act of negligence which results in injuries or death of a patient.
WHAT ARE SOME EXAMPLES OF MEDICAL MALPRACTICE?
- Anesthesia errors – If anesthesia is used incorrectly and a patient suffers injury or death, the medical provider can be held liable for the damages.
- Misdiagnosis or Delayed diagnosis – when a doctor fails to diagnose an illness in time or fails to diagnose an illness correctly, which results in the patient feeling constant pain and in some cases death.
- Emergency room errors – Emergency room errors include hospital staff not reading the patients chart correctly or making medication errors. Even though emergency rooms are a rushed and hectic environment, medical professionals are still required to treat each patient with proper care.
- Surgical errors – Surgical errors occur when a surgeon or staff member makes a mistake while performing an operation. This can include accidental cuts through organs or tissue, performing a surgery that is not required or leaving a medical instrument inside the patients body.
These are only a few examples of medical malpractice. If you or your loved are not sure if you have a malpractice claim, contact us and let our central Florida trial lawyers provide you an honest and free consultation.
HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE LAWSUIT?
Medical malpractice claims have a statute of limitations. The state of Florida has a two-year limitation from the date the injury occurred to file a medical malpractice claim. There are various situations such as fraud or misrepresentation that may allow for an extended amount of time to file suit passed the statute of limitations. If you’ve been the victim of medical malpractice it is important that you contact a medical malpractice attorney as soon as possible.
WHAT DAMAGES CAN I RECOVER IN A MEDICAL MALPRACTICE LAWSUIT?
- Past and Future Medical Bills – If you have incurred medical costs as a result of a medical providers malpractice, you are entitled compensation for those costs. Also, if you have a permanent injury as result of medical malpractice and will require further treatment, you may be awarded compensation to cover your future medical expenses.
- Pain and Suffering – Physical pain, mental anguish, and emotional trauma are forms of pain and suffering. Victims of medical malpractice are entitled to compensation for both past and future pain and suffering.
- Scarring and Disfigurement – Sadly, malpractice by a medical professional can leave permanent scarring or disfigurement. These scars can be a constant and terrible reminder of the pain you or loved one has endured. You are entitled to compensation if you’ve sustained a scar as a result of medical malpractice.
- Lost Wages/Earning Capacity – Frequently a victim of medical malpractice may miss time from work. If this occurs, that person is entitled to compensation for the value of their lost wages as well as any impairment to their ability to earn future wages.
- Loss of Consortium – In cases where the medical malpractice was so severe it resulted in death, surviving family members may have the right to file a wrongful death lawsuit. In this instance, the surviving spouse, surviving children, or surviving parent may have damages in the form of love, aid, assistance, and companionship.
- Punitive Damages – When the conduct by the medical professional is shockingly bad, the court allows the jury to award damages intended to punish the defendant in the form of punitive damages. The utility of this mechanism is to deter future similar behavior in the medical field.
If you have a medical malpractice claim, contact The Orlando Injury Law Firm now to speak with a medical malpractice lawyer. Medical malpractice cases can be lengthy; In the investigation, the attorney will request all medical records to assess if malpractice occurred.
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Attorney Nick Childress is the founder and lead attorney at The Orlando Injury Law Firm. Nick has dedicated his entire legal career to representing injury victims all over Central Florida in a variety of injury cases ranging from car accidents to slip and falls. Nick’s first entrance into the legal field was working for one of the nation’s largest personal injury law firms. It was at this firm, handling hundreds of cases at one time, that Nick saw the reality of large volume mega firms. Nick witnessed first-hand how large caseloads and quick turnover didn’t allow for the close personal attention, the clients or the case, required and deserved.
Growing up in Orlando, Florida, Nick attended Dr. Phillips High School. Like many locals, Nick had multiple summer jobs working at Universal Studios and Walt Disney World. With a personal injury lawyer for a parent, representing injured plaintiffs was in his DNA. After graduating from the University of Central Florida with a degree in Legal Studies, Nick went on to receive his J.D. from Barry University School of Law in Orlando. Nick is married to his lovely wife Daniela and the father of two beautiful children, Olivia and Vincent.