When Can I Recover For a Doctor’s Mistake?

January 22, 2015 | Attorney, Matthew Dolman
When Can I Recover For a Doctor’s Mistake? Doctors have very serious responsibilities since the health and well-being of patients is in their hands, sometimes quite literally. For this reason, doctors have an ethical and legal duty to meet a certain standard of care when dealing with patients. This standard of care is to act in a manner that would be expected of a reasonable medical professional in the same situation. Unfortunately, doctors are only human and, just like anyone else, they can make mistakes. In some situations, doctor's mistakes can result in unnecessary complications, conditions, or injury to patients. According to a report in Forbes Magazine, [1] approximately 200,000 people in the United States pass away each year due to medical mistakes. In many of these cases, these mistakes could have been prevented had the doctor or other medical professional met the required standard of care. When a doctor breaches his or her duty of care and injury occurs, the injured patient has the legal right to recover for any associated losses by filing a claim for medical malpractice. Types of medical malpractice Medical malpractice may occur in a wide variety of ways and can cause many kinds of injuries and complications for patients who are usually already struggling with a medical issue. The following are some of the most common forms of medical malpractice:
  • Delayed diagnosis
  • Misdiagnosis
  • Failure to diagnose
  • Surgical mistakes
  • Mistakes involving the prescription or administration of medication
  • Improper prenatal care
  • Mistakes during childbirth
Mistakes made during pregnancy or childbirth can be especially traumatic since they can likely affect the child involved for the rest of their lives. Birth injury statistics state that approximately 28,000 children [2] suffer injury during pregnancy, labor, or delivery, many of which result in permanent disabilities or medical conditions that require life-long care. Proving medical malpractice Doctors cannot be held legally liable for making an honest mistake. Instead, you must sufficiently prove that the medical professional in question negligently fell below the required standard of care in your particular situation. Proving negligence can often require specific evidence that can be highly technical. Often, the analysis and opinion of a medical expert is used in order to prove negligence. An experienced Florida medical malpractice attorney will have the knowledge and resources necessary to investigate your claims, retain the services of the proper medical experts, and present any evidence of negligence to the court in compliance with complex rules of evidence. A medical malpractice case can be lengthy and time-consuming. A qualified lawyer will know how to negotiate with the liable doctor or another party in order to try to reach a favorable settlement agreement without the need for costly litigation. We can also explore alternative dispute resolution techniques that can also save you the time and stress of trial but still get you the compensation you deserve. Contact an experienced medical malpractice lawyer for help today If you believe that you have suffered unnecessary injury or illness due to a medical professional's negligent act or omission, you should not delay in contacting an experienced medical malpractice attorney at the Dolman Law Group Accident Injury Lawyers, PA in Clearwater, Florida. An attorney will be able to evaluate your situation to determine whether or not you have a viable legal claim and can estimate the damages to which you may be entitled. Having a skilled attorney is imperative in cases involving doctors and hospitals since such parties often have attorneys and insurance companies working to avoid liability. We offer free consultations with no obligation, so please feel free to call us at 727-451-6900 to discuss your situation today. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33756 727-451-6900 References: [1] https://www.forbes.com/sites/learnvest/2013/05/16/10-things-you-want-to-know-about-medical-malpractice [2] Birth Injury Statistics


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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