When you seek medical care, you deserve kind, respectful, and professional treatment that improves your condition. Unfortunately, some medical providers fail to perform their duties, which can leave patients worse off than before. If you received improper or negligent treatment from a doctor or other health care provider, you may wish to consult a Dunedin medical malpractice lawyer for legal advice and assistance.
No one deserves to receive inadequate care or suffer injuries due to inappropriate treatment or recommendations. If you or a loved one suffered injuries due to a health care provider’s negligence, you may have a valid legal claim. A personal injury attorney can assess your situation and fight to protect your interests.
Defining Medical Malpractice
Medical malpractice occurs when doctors or other healthcare professionals provide negligent services or treatments that cause serious injuries or even death. These claims do not necessarily involve intentional misconduct by physicians. Malpractice can occur when health care providers make errors or fail to take action in treating patients and injure patients as a result. Some common types of medical malpractice claims arise from the following situations:
- Anesthesia and medication errors
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries
Not all medical errors rise to the level of malpractice. Unexpected complications and other harmful side effects are always a risk with any treatment. Medical malpractice claims are limited to situations in which a healthcare provider does not follow the accepted standard of care in a specific situation. A medical malpractice lawyer in Dunedin may be able to evaluate errors and determine if a patient has grounds for a medical malpractice action.
The Medical Malpractice Claims Process in Dunedin
Before individuals can pursue a malpractice claim, medical experts must review the medical records of the individuals and sign an affidavit stating that they found a reasonable basis for malpractice. After the victim and their Dunedin medical malpractice attorney receives this affidavit, they must notify all potential defendants. The defendants then have a 90-day period in which to acknowledge or deny the claim of medical malpractice before they can file a lawsuit.
Doctors and other healthcare providers are unlikely to admit to medical malpractice at the outset of a claim. As a result, many, if not most, medical malpractice cases must proceed to a formal lawsuit. Many of these claims also progress to a jury trial in court, which involves the testimony of various expert witnesses to help determine whether medical malpractice occurred.
Potential Damages in a Malpractice Case
Various damages may be available through medical malpractice claims in Dunedin. Victims may require further surgeries, procedures, medication, hospitalization, and rehabilitation or therapy. This treatment can be incredibly expensive, but a successful malpractice claim allows the plaintiff to recover compensation for these costs.
Victims may also be able to recover non-economic damages, which do not translate easily into a set amount of compensation. For example, injured patients may be able to recover damages for emotional distress, pain and suffering, and loss of spousal support in appropriate cases.
Consult a Dunedin Medical Malpractice Attorney Today
When you are injured by medical care that falls below professionally accepted standards, you may be entitled to compensation for your injuries. In addition to seeking damages, a medical malpractice claim may allow you to hold irresponsible and negligent medical providers accountable for their wrongful behavior.
Medical malpractice claims are subject to strict deadlines and specific procedures that you must follow to be eligible to file a lawsuit. Therefore, you should consider contacting a Dunedin medical malpractice lawyer as soon as possible.