A recent study from the British Medical Journal found that around one in 10 people will suffer an injury because of a medical mistake in their lifetimes. This frequency of medical errors is unacceptable. In many cases, these errors require extended hospital stays and more treatments for new conditions. The report also noted that of medical mistakes, around 12 percent resulted in a severe injury or death. Contact our medical malpractice attorney in Florida at the Law Offices of Wolf & Pravato.
Medical professionals—whether they be doctors, nurses, dentists, or clinical staff—have a duty under the law to keep their patients safe in the hospital. If they fail to uphold this duty and cause an injury, people who suffer harm have the right to demand compensation for their losses.
That being said, a poor result after visiting a doctor does not automatically mean that malpractice has occurred. Instead, local laws define medical malpractice and what might constitute this offense. Patients must also be able to prove medical malpractice occurred and provide evidence to substantiate their claims.
A Fort Lauderdale medical malpractice lawyer can assess which laws might apply to your case and help you fight to hold the responsible medical professional liable for their actions.
Your Case Must Meet the Legal Standard of Medical Malpractice
Practicing medicine is a privilege under state law. To obtain this privilege, doctors, nurses, and other medical professionals must obtain a license. In addition, they must continually obtain more knowledge about their jobs and advances in medical science.
Remaining skilled and knowledgeable about their profession is a key part of effective medical practice. It is also a requirement under the law. According to the Florida Statutes § 766.102, all medical practitioners must provide care that meets the level of care that is recognized as “acceptable and appropriate by reasonably prudent and similar health care providers.”
Put in simple terms, a medical provider must act in the same way as a reasonably skilled peer would act in a similar medical situation. When a doctor fails to act in this way, and an injury occurs, medical malpractice takes place. Common examples of medical malpractice include:
- Inaccurate diagnoses
- Prescribing improper medication
- Inaccurate analysis of laboratory results
- Botched surgical procedures
- Infections during hospitalization
- Premature release from the hospital
A Fort Myers medical malpractice attorney may provide more information about the legal definition of medical malpractice.
Medical Injuries Are Common Due to Fatigue and Lack of Continuing Education
Recent studies concerning medical error statistics indicate that injuries due to doctor errors are common. However, why is this the case? One answer might lie in the hours that doctors work. Even family physicians might find that they experience fatigue or burn out from treating so many patients. This can result in lapses of judgment or slips of the hand that cause harsh injuries.
Medical malpractice might also stem from doctors who do not get continuing education on the latest medical advancements. Researchers make new discoveries every year, and not every discovery is positive. A doctor who uses an antiquated treatment plan or prescribes a dangerous drug might commit malpractice.
A Miami medical malpractice lawyer can lead an investigation into the source of your injuries and determine whether it rises to the level of malpractice.
A Medical Malpractice Attorney Can Help Victims of Medical Malpractice
With medical malpractice affecting one out of every 10 patients, it is critical that you know your rights when visiting a doctor. While a negative outcome with a medical professional is not necessarily a cause for a lawsuit, the fact is that not every doctor provides the best care to every patient. If a doctor fails to provide adequate care under state law, that doctor may be held responsible for any resulting damage.
Working with a West Palm Beach medical malpractice lawyer is one way to pursue compensation for your damages. An attorney can provide more information about medical error statistics and how a specific interaction with a medical professional might have been malpractice.
The legal team at the Law Offices of Wolf & Pravato is ready to fight for people who suffered injuries while being treated by doctors. We can help you fight for the compensation that you deserve. Give us a call today at (954) 633-8270 for a free consultation.