Medical negligence is broadly defined in Florida, and many different types of healthcare providers—including doctors, nurses, nursing assistants, administrators, and others who care for patients on a daily basis—may commit it. Medical negligence encompasses many different types of medical errors, including medication errors, surgical errors, failure to diagnose, and treatment errors.
If you have sustained injuries and damages as a result of medical malpractice or medical negligence committed by a medical doctor, such as a primary care doctor, surgeon, or specialist, Florida law may entitle you to recover monetary compensation. A knowledgeable and skilled New Port Richey medical malpractice lawyer will have the legal and medical expertise to assist you with your case and safeguard your legal rights while your case is pending.
The attorneys at Dolman Law Group will work hard to negotiate a favorable settlement on your behalf. If the insurance company is not willing to offer good money to settle your case, our experienced lawyers welcome the opportunity to litigate your case—or take it to trial, if necessary.
Medical Malpractice Committed by Surgeons
Every surgery, regardless of the type, has certain risks associated with it—many of which are described in the waiver that every patient signs before undergoing a medical or surgical procedure. Although surgeons take many precautions to avoid medical mishaps during surgeries and other complicated medical procedures, mistakes can still sometimes happen, and serious injuries can occur as a result.
Negligently performed surgical procedures are often the direct result of a surgeon’s inexperience—or in some cases, from fatigue after the surgeon has operated for hours on end. Common examples of medical malpractice committed by surgeons include:
- Lack of medical knowledge or skill – where the surgeon was incompetent or inexperienced
- Neglect – where the surgeon or surgical staff failed to properly sterilize surgical instruments or equipment
- Poor communication – where the surgeon did not properly communicate with surgical assistants or other members of the hospital staff
- Misdiagnosis – where the surgeon failed to recognize certain symptoms, incorrectly diagnosed the patient’s disease or medical condition, or diagnosed the medical condition too late to avoid complications
- Improperly performed surgeries – where a surgeon leaves a sponge, towel, or surgical instrument inside a patient’s body before completing the surgery, or otherwise botches the surgical procedure
- Fatigue – where the surgeon performs a procedure after working a long shift or operates on patients for long periods without sleep
- Failing to inform patients of potential surgical risks – where a surgeon fails to properly inform the patient about certain risks associated with a particular surgery or other medical procedure
- Performing unnecessary surgeries – where the surgeon performs a medical procedure on the wrong body part or performs an unnecessary procedure for which the patient did not provide informed written consent
- Premature discharge – where the surgeon discharges the patient too quickly from the hospital or medical facility—or fails to follow up with the patient on a regular basis after performing the surgery
- Prescribing the wrong medication – where the surgeon fails to prescribe the correct medication following the surgery or prescribes the incorrect dosage for the patient—or where the surgeon writes illegibly, causing the pharmacist to misread prescription details and fill the prescription incorrectly
Medical Malpractice Committed by Non-surgeons
Non-surgeons, including family doctors and general practitioners, may also commit serious medical errors that result in injuries and damages to their patients, including some of those listed above.
In less common scenarios, a doctor could be deemed negligent (or even criminally liable) for mishandling a patient—or for physically or verbally abusing a patient.
Basis for Filing a Florida Medical Malpractice Claim
For an injured patient to prove that a doctor was negligent or committed medical malpractice, the patient must prove a breach of the applicable standard of care. A doctor is normally held to the standard of care of a reasonable doctor acting under the same or similar circumstances, while a medical specialist is normally held to a national standard of care. An injured patient must establish—usually through expert medical testimony—that the doctor breached the applicable standard of care, resulting in the plaintiff’s injuries and damages.
To prove medical negligence, another doctor or surgeon would normally need to testify that the practicing doctor breached the standard of care and made a serious medical mistake, resulting in the plaintiff’s injuries and damages. Common injuries and damages sustained in New Port Richey medical malpractice cases include:
- High medical costs
- Future medical expenses (for example, for future corrective medical procedures or surgeries)
- Exacerbated injuries or medical conditions
- Ligament tears
- Tendon ruptures
If the injured patient can prove that a doctor was negligent under the circumstances, then she may be eligible to recover the followings damages:
- Payment of all related medical bills
- Payment of lost wages
- Compensation for past, present, and future pain and suffering
- Payment of future corrective medical procedures or surgeries
- Compensation for mental anguish and emotional distress
- Compensation for permanent disability
- Compensation for psychiatric or psychological harm
- Compensation for loss of earning capacity in cases of permanent disability
- Compensation for loss of companionship and spousal support
- Punitive damages
Contact a New Port Richey Medical Malpractice Attorney Today to Discuss Your Case
Successfully litigating Florida medical malpractice cases requires a combination of medical knowledge and legal expertise. If you have sustained injuries at the hands of a doctor or other healthcare provider, Florida law may entitle you to monetary compensation. The compassionate attorneys at Dolman Law Group have many years of experience litigating medical malpractice cases and can fight for your right to recover monetary compensation.
To schedule a free consultation and case evaluation with a New Port Richey medical malpractice lawyer, please call us at (727) 853-6275 or contact us online today.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652