Medical malpractice describes any action that a medical provider takes that fails to meet the standards for competent care. When these acts result in the worsening of a current condition or the creation of a new injury, you may have the ability to demand compensation.
An Orlando medical malpractice lawyer stands ready to pursue negligent medical providers after instances of medical malpractice. Attorneys could take the lead in these complex legal cases to collect the payments needed to set things right.
What Is Medical Malpractice in the Eyes of the Law?
Even though medical professionals must pass exams to obtain a license, they must continue to practice medicine with an appropriate level of skill to keep that license. A failure to provide this level of care may give rise to accusations of malpractice.
Malpractice carries a specific definition under state law. According to Florida Statutes §766.102, all providers must practice their craft with a reasonable level of skill and care. This statute continues on to define this level of care as reasonably prudent action that any other medical professional of equal skill and circumstance would do.
Examples of medical malpractice may include:
- A failure to accurately diagnose a condition
- Prescribing improper medication
- Improper interpretation of test results
- A botched medical procedure, such as a surgery
- Failing to refer a patient to a specialist when necessary
An Orlando medical malpractice attorney could provide more information about the legal definitions of malpractice. Attorneys could also help perform an initial evaluation of a defendant’s actions to determine if a claim may be valid.
Working to Prove Malpractice in and out of Court
Medical science is an ever-evolving field. The protocols that leading doctors follow may change on a year-by-year basis. The effectiveness of medications could also change over time, and professionals have a duty to remain abreast of these changes.
With these complicated matters of medical science, it is sometimes difficult for a person without a medical education to understand the acts of defendants and why they may count as malpractice. Because of this, state law requires plaintiffs in medical malpractice cases to hire a qualified expert witness to present their case to a jury.
In fact, it is impossible to even initiate a claim without the help of these witnesses. Under Florida Statutes §766.104, a plaintiff’s complaint for damages must include an expert’s affidavit. This affidavit must state that the expert has reviewed the case and that there is a good cause to believe that malpractice has occurred. An Orlando medical malpractice attorney could help to locate and hire these experts at an early stage in the case.
Contact an Orlando Medical Malpractice Lawyer Today
The aftermath of an incident of medical malpractice can be devastating. At the very least, a patient may suffer a worsening of their condition that decreases the chances of making a full recovery. In other scenarios, a doctor or nurse error could lead to the creation of new symptoms that impact a patient’s long-term health.
An Orlando medical malpractice lawyer could help to hold negligent medical providers responsible for their failures. Legal professionals could work to identify potential expert witnesses, perform thorough discovery of evidence, and work to measure your losses to demand appropriate compensation. There is a limited time to file a claim, and the complex nature of these cases may require months or years to pursue. Contact an Orlando medical malpractice lawyer today to get started.