This article can serve as a basic primer on medical malpractice law. Please do not construe the information here as legal advice – it should serve as a guide to get you started understanding the basic principles at play and most common types of medical malpractice cases.
What is medical malpractice?
When a doctor, nurse, or other healthcare provider causes – either directly or indirectly – injury to a patient that results in substantial harm through negligence, carelessness, or an error of omission – that patient victim has rights under the law to get compensated.
What kind of compensation can a plaintiff claim?
The nature and amount of compensation depends on the injury or injuries sustained (or death in the event of a wrongful death case). You can ask for money for medical costs/rehabilitation, wages lost, pain and suffering, emotional trauma, prosthetics required, and more.
What are examples of medical malpractice cases?
- Hospital negligence – Hospitals are supposed to be places where injured people can go for good medical care. Unfortunately, due to many factors, many hospitals do not deliver even minimally effective care. If you go to an unclean hospital and get sick as a result, you can sue for negligence. Likewise, if the hospital exposes you to hazardous substances, you can similarly sue.
- Failure to diagnose – A missed diagnosis or failure to diagnose can have grave consequences. For instance, if an oncologist fails to order a test and, as a result of this failure to order, fails to identify a lethal cancer, the victim and/or the victim’s family can sue for medical malpractice. After all, in the fight against cancer and other diseases, time is often of the essence – and late diagnosis or missed diagnosis can eat up precious days and weeks off the clock and result in much more expensive care and potentially even death.
- Surgical injury – Surgeons are tasked with critical work. But if a surgeon or a surgeon’s staff member fails to close an incision properly, uses incorrect equipment, fails to use anesthetic properly, or otherwise harms the patient due to incompetence, recklessness, or carelessness, you can hold the surgeon and the hospital liable for the consequences.
- Pharmaceutical errors – Over prescription, under prescription, and other pharmaceutical errors (such as switching prescriptions or failing to look for contraindications) can all be grounds for an Winter Park medical malpractice case, depending on the circumstances.
Orland Medical Malpractice Lawyers Fighting Back Against the System
Doctors, hospitals and insurance companies employ powerful attorneys to discourage injured patients from making claims. If you were legitimately harmed by bad care – or by lack of good care – getting proper compensation can require adept legal maneuvering. Fortunately, you have allies here at Farah & Farah. Our Winter Park medical malpractice attorneys can take your questions and provide a free and confidential consultation to you now – just call (321) 274-9202.
Winter Park Medical Malpractice Attorneys