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Medical Malpractice: What You Need to Know

Medical malpractice is a sad reality that affects countless people here in Florida. We all want to receive quality, safe medical care when we visit our doctor or practitioner. And in most cases, we will receive quality care to keep us healthy. However, there are times when you may not receive the care you need.

Malpractice in Detail

Medical malpractice refers to an injury you may sustain due to the fault of a doctor, medical practitioner, hospital, or other healthcare provider. Whether it’s caused by a failure to diagnose, improper treatment or surgical error, the end result is an injury of some kind.

‘Injury’ in this context can refer to an expansive range of suffering you may endure due to the malpractice. However, there are more specific guidelines to define malpractice both here in Florida and across the U.S.

Malpractice must…

…violate a normal standard of care. There are certain standards that medical practitioners and facilities are expected and required to follow. Generally, this is known as the “standard of care.”  As a patient, you are entitled to be treated in accordance with the applicable standard of care. If the standard of care was not met, then you may be a victim of medical malpractice.

…cause an injury due to negligence. A doctor does not commit malpractice by violating the standard of care alone. You must also sustain an injury of some type which was caused by the doctor’s failure to follow the standard of care. Additionally, an injury alone does not mean there was malpractice. Injuries that occur when the proper standard of care is followed do not constitute malpractice.

…cause you damages. Due to the cost and complexity of a malpractice case, you may only want to pursue it if you’ve sustained significant damages. ‘Significant’ refers to a substantial loss such as a loss of income, ongoing pain, a disability, or ongoing medical bills for treatment.

Getting the Florida Medical Malpractice Legal Help You Need

In many cases, medical malpractice can cause significant pain, suffering, and strain on you and your family. This holds true whether you’re the victim or you’ve had to watch a loved one suffer because of medical negligence.

One of the hardest challenges people face in these situations is understanding their rights and getting the legal help they need. Most hospitals and other medical facilities in Florida employ extensive legal teams to defend any claims of medical negligence. The lawyers that work for doctors and medical facilities may try to settle your claim for far less than you’re entitled to. For that reason, it is important that you talk to a Florida medical malpractice attorney right away to determine whether you have a potential case and how to go about pursuing it in order to collect the full amount you deserve.

If you believe you or a loved one has been a victim of medical malpractice, call the attorneys at Baggett Law for a free consultation.  904.396.1100

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