What is Medical Malpractice?
A doctor takes an oath to not harm their patients, and they have a duty of care to those in their charge. Doctors who fail this duty can be held accountable in civil court. When a doctor fails to act within the acceptable standards of their position, it’s called medical malpractice. For a victim to have a viable medical malpractice case, the injuries suffered by the victim must be caused directly by the doctor’s actions or by their failure to act in their professional capacity. For example, if a doctor injures a mother during childbirth causing birth defects because of poor techniques not within the standards of acceptable medical practice, the patient could seek compensation for current and future losses. Furthermore, if the doctor’s failure to act on behalf of the same patient hypothetically led to the birth mother’s loss of fertility and birth defects to her newborn, the patient could seek damages.
The most common medical malpractice cases involve the following:
- Failure to Diagnose
- Incorrect Diagnosis
- Childbirth Injuries
- Medication Errors
- Surgical Errors
- Anesthesia Errors
Medical malpractice cases hold physicians and medical professionals accountable for deviations from standard and acceptable medical procedures that cause injury or put patients in harm’s way.
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Statute of Limitations & Medical Malpractice Cases
There are other requirements for filing a medical malpractice suit. Patients must file their legal suit before the statute of limitations passes. Florida law requires patients to file their claim within two years of the date of discovery of injuries sustained in the applicable medical procedure. The filing process can be confusing for many victims, and meeting the deadline and filling process is vital to your case moving forward. If you’ve sustained injuries related to negligence or a failure to act by your doctor or medical professional, you should contact our Fort Myers medical malpractice attorneys today.
There are exceptions to the statute of limitation, such as:
- Your medical malpractice was purposefully hidden from you by a medical professional providing your care. If this type of fraud impacted your case, the statute of limitations would be extended to up to seven years from the date of the malpractice event.
- If the victim involved in the medical malpractice claim was a child when the event occurred, the statute of limitation deadline does not begin until the child’s eighth birthday.
If you qualify for an extension, the additional time only applies to the discovery period. The filing deadline is still two years from when the injury was identified.
Where You Injured During a Medical Procedure?
Being injured from a medical procedure is frustrating, and recovery can take many months. If you’ve lost wages and suffered from a diminished quality of life while recuperating, the attorneys at Pittman Law Firm, P. L. can help. We are skilled attorneys with many years of experience handling medical malpractice cases. There’s no reason you have to shoulder the burden of fighting for justice alone!
Injured by Medical Malpractice in Fort Myers?
If you or a loved one was harmed in a manner causing severe injury during a medical procedure, you have the right to hold your medical professional accountable.
If you suspect you’ve been injured by medical negligence, call 239-992-8259 to schedule a consultation with our team. We can investigate your claim and help you fight for compensation.
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