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How long will it take to resolve my case?
It depends. A average case may take approximately one to two years, sometimes longer, to resolve depending on the complexity of the issues involved.
What is medical malpractice?
Medical malpractice is the failure of a health care provider, usually a doctor, to provide a patient with treatment equal to the customary standard of care in the medical industry. It can result from a failure to act or from acting improperly.
What does customary standard of care mean?
This refers to whether your doctor has exercised the same degree of care and skill as the average qualified doctor presented with the same or similar circumstances as your case.
Does medical malpractice always come to light when it occurs?
We know from studies at prominent hospitals by reputable universities that medical malpractice may occur as many as 10 times more frequently than ever come to light through the claims process. We can reasonably assume that the same ratio is likely to exist in the medical care provided outside of hospitals.
How can I determine if a doctor, hospital, or other health care provider has committed medical malpractice?
It is extremely difficult for a patient or the relative of a patient to determine on their own whether or not medical malpractice has occurred. This is true because of the complexity of the medical and legal questions that must be answered.
If there is a suspicion that medical malpractice has occurred it is advisable to consult with an attorney experienced in medical malpractice. This consultation is usually without charge. By the end of the consultation the attorney is usually able to answer the first question that should be asked, does this situation (including the injury or death) justify further investigation into the possibility that medical malpractice has occurred? In order to answer this question the attorney calls on his or her knowledge of the law of medical malpractice and the types of claims that have a reasonable change of success.
At the conclusion of the initial attorney consultation, it is common for a plan of action to be set in motion for the further evaluation of the potential claim. This may include obtaining all relevant medical records and the selection of a medical expert or experts to provide important opinions concerning the standard of care and the cause of injury or death.
When should I suspect that medical malpractice may have occurred?
Probably the most likely indicator that medical malpractice may have occurred is the dramatically different or unexpected result of treatment or surgery. An example would be serious brain injury following relatively minor surgery.
Another telltale sign is the failure of the provider to give a good explanation for a worsened condition of the patient or the sudden death of the patient.
There are also instances in which nurses or doctors or other providers make critical statements of prior care. These statements sometimes turn out to be accurate indicators of medical malpractice even though they may never be repeated in a legal setting.
Are there some common patterns of medical malpractice?
Yes, certain common patterns seem to occur more frequently than others. There are, however, situations that do not seem to fit any pattern.
A few of the common patterns of medical malpractice are the following:
- Failure to diagnose a condition or to diagnose a condition in time to treat it properly
- Failure to treat a condition properly
- Failure to monitor or observe the patient
- Failure to perform surgery properly
- Failure to order necessary tests
- Failure to consult with a specialist
Should I report an act of medical malpractice to any organization or institution?
Although there are state and local agencies or organizations that will receive complaints of medical malpractice, most experienced attorneys feel it is advisable not to file these complaints until an attorney is consulted. There are many consequences of the filing of complaints or claims that should be explored with an experienced attorney before steps of this nature should be taken.
Should a claim for damages be made for every act of medical malpractice?
Unfortunately, not every act of medical malpractice justifies the filing of a formal claim for damages. There are many instances in which the filing of a claim would actually cause more harm than good.
- Some examples of claims that probably should not be filed are the following:
The patient, after experiencing a brief worsening of his or her condition, fully recovers.
- The only real damages of any consequence of the medical malpractice are medical expenses that were fully covered by insurance.
- The patient requires the continued care of the doctor who committed the malpractice.
What is the statue of limitations for filing a claim for medical malpractice in the State of Florida?
The statue in the State of Florida has several provisions that need to be carefully considered by an experienced attorney in light of the facts of any potential medical malpractice claim.
It is difficult to state the applicable statute of limitations for medical malpractice claims in Florida without fully knowing the facts of a particular claim. The statute begins with a two year limitations from the date of the malpractice, but contains language that could extend that period to as long as four years and, in some instances, to even seven years. In Florida it is also important to know the date when the malpractice was first known by the patient or the survivors of the patient.
Because of the complexity and importance of the statute of limitations as it would apply to any particular medical malpractice claim, it is critical that an experienced attorney be consulted as soon as the suspicion of malpractice occurs. Once the period designated by the statue of limitations passes without proper action having been taken all rights to pursue a claim for medial malpractice are likely to have been lost forever.
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