Medical Malpractices Attorney

Understanding Medical Malpractice: Protecting Your Rights

You may believe that when you or your loved ones are cared for by a medical professional, you are in safe hands. However, every year thousands of people lose their lives or face severe health consequences due to the negligence of medical practitioners. At IAN,A highly experienced medical malpractices attorney can help you to protect your rights.

What is Medical Malpractice?

Medical malpractice refers to a healthcare professional failing to provide appropriate treatment, take appropriate action, or give substandard treatment that causes harm, injury, or death to a person. Here a medical malpractices attorney from Injury assistance network can help you to entitle a claim from damage recovery.

Many instances of medical malpractice may shock you. In some cases, patients undergoing surgery wake up to find that the wrong body part has been operated on. A particularly appalling example of medical malpractice is when a surgical instrument is left inside a patient's body cavity. This type of negligence can have far-reaching consequences for the patient, including infection, organ damage, and even death. Removing the instrument may require another surgery which wastes a patient's time, hampers their recovery, and piles on extra costs.

More common examples of medical malpractice include:

  • Delay in responding to medical emergencies.
  • Failing to secure consent from a patient before surgery.
  • Not providing proper post-operative care.
  • Failure to diagnose or delay in diagnosis.
  • Allowing medical mistakes to go unreported.

Under Florida law, medical malpractice can also include anesthesia errors, medication errors, failure to monitor, and specialist malpractice.

If you or your family member has been a victim of medical malpractice, you may be able to recover damages by filing a case. The damages vary from case to case and typically include the following:

  • Past and future medical bills
  • Lost wages
  • Damage to (or loss of) future earning capacity
  • Physical pain and suffering
  • Mental distress
  • Loss of consortium, or the deprivation of benefits that a familial or intimate relationship offers

Different states have different statutes of limitations or the maximum duration of time that parties involved in a civil or criminal dispute have to initiate a lawsuit from the date of an alleged offense. If you live in Florida, you have two years from the incident to file a medical malpractice lawsuit.

Two years can fly by in a moment when dealing with the consequences of medical practice. Moreover, the effects of the malpractice show up months or even years after the incident. That is why the statute provides that a case must be filed within two years of the incident being discovered or with the exercise of due diligence. Due diligence is a process to check risk and compliance and includes conducting investigations, reviews, or audits to verify facts and information about a particular subject. This means that even if the incident took place years ago, you can still file a case within two years of discovering the malpractice or until you become aware of the issue.

In instances where a surgical instrument has been left in the body cavity, or an illness has been misdiagnosed, you may have been experiencing symptoms the entire time. Still, you are unlikely to discover the issue by yourself. Another medical professional intervention might be necessary to detect medical malpractice. By this time, a lot of time might have passed. The discovery rule protects a victim's rights because it allows you more time to find out that a doctor was negligent. Therefore, the statute won't prevent you from suing because you couldn't discover the medical error right away.

The statute also provides flexibility for limitations in cases where a claim is made on behalf of a minor or before the child turns eight. In medical malpractice cases involving fraud, concealment, or intentional misrepresentation of fact, victims have two additional years to file a lawsuit. In case of fraud, concealment, or misrepresentation, the statute may extend up to a maximum of seven years.

Medical treatments Negligence

Negligence in medical treatments drastically impacts a person's life. It can even result in death if not detected in time. You deserve to be compensated for all your losses resulting from the negligence of another individual, especially if that individual is a medical professional you went to for treatment. If you suspect that you have been a victim of medical malpractice, contacting an attorney immediately is vital. A medical malpractice attorney can assess the circumstances of the case and determine whether you have a valid claim for damages before it is too late.

Medical malpractice cases tend to be highly complex. They are likely to involve several parties at various levels of the hierarchy, making it difficult to prove liability. When many years have passed since the incident, accessing reports or gathering witnesses can prove to be excruciating. Fortunately, an experienced medical malpractice attorney will have ways to get around these problems and present a strong case to win you the compensation you deserve.

Building a Strong Case with an Experienced Attorney

Medical malpractice occurs when a care provider violates a professional duty of care. This may not be of any consequence for them, but it can be life-altering for you. Whether it is you or a loved one who has been a victim of medical malpractice, you can hold the at-fault party accountable. Injury Assistance Network is committed to making sure that your plight doesn't go unaddressed and that you receive the compensation you deserve. Hiring the right attorney is crucial in making a strong case. Contact our team for all your legal needs, including finding a verified attorney. IAN strives to make sure that your queries are addressed promptly and effortlessly. All you need to do is go to the IAN website and fill out a short form or call to inquire about the services.

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