Medical malpractice occurs when a healthcare provider fails to provide medical care that is keeping with good and accepted medical practices and procedures. Malpractice happens when a doctor, nurse or technician does something or fails to do something that is important to a patient's good care.
Medical malpractice can take many forms. The following are the most common:
|Common Forms of Medical Malpractice|
|Failure to Diagnose|
|Failure to Follow Accepted Practices|
|Failure to Make Use of Available Technology|
|Misreading CT Scans|
|Wrong Medication or Wrong Dosage|
No one expects the medical profession to be perfect, but we do expect to receive proper care when we place ourselves in the hands of the medical profession. We should be able to trust their level of knowledge, skill, and expertise. This is why we seek medical care in the first place.
Why is America Seeing a Huge Rise in Medical Malpractice
For the last twenty years, healthcare has been taken over by corporations. Doctors are no longer in a position to control the medical care patients receive, but instead doctors must take orders from large corporations that are more concerned with profit than patient care and safety.
Medical care is now being handled like any huge business, with the hospital corporations analyzing every treatment decision with its shareholders in mind. Many times conflicts arise, and the hospital corporations decide to use drugs and medical devices that are not as good as others available on the market. The result has been a startling rise in medical malpractice.
Who Can Bring a Medical Malpractice Lawsuit
Any patient injured by medical negligence can bring a lawsuit and make a claim for pain and suffering, loss wages and medical expenses. If the injuries are severe, permanent and disabling, the patient's family might also have a claim.
If the patient dies because of medical malpractice, the patient's family can bring a claim, depending upon many factors. When a claim for death is made, the recovery generally is based on pain and suffering, medical expenses, and loss of estate.
Will Levin Papantonio Accept My Claim
Our law firm reviews and accepts medical malpractice cases of every size, whether in the Pensacola area or nationwide. No case is too big or too small.
The one thing we can assure you is that we will take your call, provide you an absolutely free consult, discuss with you the facts and issues of your case, and tell you whether we can help you. If not, we will try to get you to someone who can.
Comparing Law Firms
When hiring a law firm, it's important to take your time and perform research. Review each law firm's website for its credentials, experience, resources, success and fees. Meet with the firms. Ask a lot of questions, and determine who you feel most comfortable trusting. Remember, any law firm can advertise it can successfully handle a medical malpractice case. Make sure that really is the case.
How Long Do I Have to Bring a Medical Malpractice Lawsuit
There is no easy answer to this question because it depends on several factors, such as where the medical negligence occurred. For example, if the medical malpractice case occurred in Pensacola, Florida, a two-year statute of limitations applies. This means the lawsuit must be filed within two years from the time the patient, family member, or guardian knew or should have known the injury was caused by medical malpractice.
Florida also has a "statute of repose" law. This means you can't sue a health care provider more than four years after the medical malpractice occurs unless there is fraud, misrepresentation, or concealment. Florida has one significant exception to this law. It is called "Tony's law".
Under Tony’s law, the four-year period does not cut off a child's medical malpractice claim before the child's 8th birthday. Be careful, though. The two-year limitation period can still cut off the claim if the parents or guardians knew or should have known the injury was caused by medical malpractice.
Since malpractice rules and limitations often change, you always should consult with a lawyer immediately if you think you or a family member could have possibly been injured by medical errors.
Video--Why Does Medical Malpractice Happen
Specific Types of Medical Malpractice
Medical negligence occurs in many different situations. The following are just a few examples of where we often see problems. Click on the links below for additional information.
- Acute Abdomen/Surgical Abdomen
- Aspiration Pneumonitis/Mendelson's Syndrome
- Bacterial Meningitis/Spinal Meningitis
- Beta Strep Testing for pregnant women
- Birth Injuries
- Breast Cancer
- Fetal Anoxic Brain Injury/Faulty Fetal Heart Monitoring
- Gastric Bypass Surgery/ Roux-En-Y Procedure/Stomach Stapling
- Hypertensive Crisis
- Non-Small Cell Carcinoma/Lung Cancer
- Rapid Assays