St. Petersburg Medical Malpractice: Do I Have a Case?

Medical malpractice refers to the harm caused to a patient when a doctor or any other medical practitioner fails to fulfill his duties competently.  Research suggests that medical malpractice cases are the third leading cause of death in the US.

Legal requirements for filing a medical malpractice case against a doctor differ from state to state.  Although, there are some common legal principles which remain the same despite the difference in laws in various jurisdictions.

In this blog post, we will discuss these legal principles and generalized rules which can help you determine if you have a medical malpractice case.

Proof of a doctor-patient relationship: One of the main requirements for a medical malpractice case is the proof that a doctor-patient relationship existed between both the parties in a case.  You must be able to prove that you were directly treated by the doctor.

Proof of medical negligence: This is pretty much self-explanatory as you can’t get an award for damages caused due to medical negligence if you are unable to prove that the doctor was negligent during treatment.

Proof that doctor’s negligence caused serious injury or harm to the patient: You will also need to additionally prove that doctor’s negligence caused serious injury or harm to you or any other patient.  You must also be able to document that these injuries caused serious harm or damage to your health because only then you will be able to get compensation.

Most Common Types of Medical Malpractice

Medical malpractice covers a vast number of medical errors ranging from leaving surgical equipment within a patient during surgery or prescribing the wrong medicine.  Generally, the most common types of medical malpractice cases fall in the following categories:

Failure to diagnose or wrong diagnosis: A doctor may give you a wrong diagnosis or may not be able to diagnose the real disease due to his own negligence.  Both can lead to serious and sometimes life-threatening conditions.

Failure to warn ahead of future risks: A doctor may not warn you of future issues which may result from your current condition, and this often leads to serious harm in the future because the patient is not prepared for the risks or is unable to take the required medication or treatment due to a lack of warning.

Wrong treatment: This is among the most common causes of medical malpractice cases because a vast number of cases bought in courts of law involve wrong treatment.  Wrong treatment is the treatment which no competent doctor will provide, and this most often results in medical malpractice cases.

Special Requirements in Medical Malpractice Cases

Medical malpractice review panels:  Many states require a case to be submitted first to a medical malpractice review panel.  These panels will examine the case, hear the arguments and take expert opinion or testimony into account but they will not award damages.  But some states require each medical malpractice case to be examined by a medical malpractice review panel before it can be submitted to a court.

The statute of limitations: You need to bring your medical malpractice case to the court as soon as possible because there are time limits in place across most states which essentially mean that after a certain period you will not be able to claim damages.  Most states have a period ranging from 6 months to 2 years after which no medical malpractice claim can be filed.

Expert testimony: Medical malpractice cases are quite complex and due to their nature require outside experts who can testify in front of the court that medical negligence occurred.  These experts are usually the ones who have specialized in a related medical field, and you may also need to obtain an expert certificate for filing a lawsuit.

Limits on damages awarded: Most states cap or limit the amount of damages which can be awarded for medical malpractice and these caps differ from state to state.

Get the Help of a St. Petersburg Medical Malpractice Lawyer

It may be clear to you by now that filing a medical malpractice case is not an easy task which you alone can undertake without professional help.  If you are looking for a St. Petersburg Medical Malpractice attorney, then you need to look no further.   At Shocklee Paolino, our malpractice lawyers know what you’re up against—and we’ll stand by you every step of the way.  You pay nothing unless we obtain compensation on behalf of you or your loved one.  Call us at (727) 498-8771 or send us a message here.