Diagnostic mistakes are related to the diagnosis of a condition. Proper diagnosis is a pivotal component of a provider’s job. After all, the only way to treat a condition correctly is if you first correctly identify the condition. Should you believe you have suffered injuries due to a misdiagnosis, taking a closer look at what it is, the various forms it can take, and whether or not it is considered malpractice could be helpful.

Please do not hesitate to reach out to the medical malpractice attorneys at The Florida Firm Injury and Accident Lawyers. Call us today at (407) 712-7300 to schedule a FREE case evaluation. Is misdiagnosis medical malpractice? We can help you determine if it is in your case.

What Is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider fails to properly identify a medical condition. For instance, a patient may be diagnosed with an anxiety attack when they are actually having a heart attack. When a patient is diagnosed with the wrong condition, the consequences can be extremely serious—even fatal.

According to WebMD, misdiagnosis is most often related to heart attack, cancer, and infections, which shows just how dangerous misdiagnosis can be. Unfortunately, misdiagnosis is more common than most people realize. Per WebMD, 795,000 people each year fall victim to misdiagnosis, and according to Healthline, it leads to 40,000–80,000 deaths annually.

Read More: New Statistics on Diagnostic Errors

What Is the Difference Between Misdiagnosis & Missed Diagnosis?

The term misdiagnosis can often be used as a blanket term to encapsulate all of the different types of diagnostic errors. However, in legal scenarios, it is important to understand the difference between these terms.

While misdiagnosis refers to a patient’s medical condition being incorrectly diagnosed by a provider, a missed diagnosis refers to not diagnosing any condition when a condition exists. Missed diagnosis is also referred to as “failure to diagnose.”

The different types of medical diagnostic errors include:

• Misdiagnosis: A wrong or inaccurate diagnosis. For instance, when someone is diagnosed with the wrong condition.
• Delayed Diagnosis: A late or delayed diagnosis. For instance, when a healthcare provider fails to diagnose a condition as soon as they should have.
• Missed Diagnosis: No diagnosis is made when a condition exists. For instance, a patient goes to the doctor with symptoms and is told they are “fine,” but it is later found that they have a medical condition.
• Failure to Detect Complications to an Existing Diagnosis: The patient has a correct diagnosis, but the healthcare provider fails to properly recognize additional factors impacting or complicating the condition.

Ultimately, diagnostic errors can take many forms. Therefore, working with an experienced Florida medical malpractice attorney who understands what qualifies as a viable malpractice claim can be so valuable.

Is Misdiagnosis Considered Medical Malpractice?

Is misdiagnosis medical malpractice? Yes and no. Misdiagnosis in and of itself does not constitute medical malpractice; however, it can ultimately be the reason that medical malpractice takes place.

For example, if a doctor incorrectly diagnoses an allergic reaction as a stomach bug, in many cases, this may not result in injuries or damages. Even if the patient receives the wrong medication to treat their condition, chances are the misdiagnosis will not lead to a medical malpractice claim.

On the other hand, what if a patient sees a doctor about various symptoms that are unknowingly caused by cancer, and the doctor misdiagnoses it as an infection? Then, there is a high likelihood that the misdiagnosis will result in serious consequences. The patient will not be able to begin treatment as soon as they should, which could worsen their condition considerably and potentially result in their death. In this case, there is a much greater chance that the misdiagnosis would lead to a medical malpractice claim.

Can You Sue a Doctor Who Misdiagnosed You?

Yes, you have a right to pursue compensation against the doctor and/or healthcare organization responsible for your misdiagnosis, provided a few things are true:

• You suffered damages as a result of the misdiagnosis.
• The doctor had the opportunity to provide a proper diagnosis.
• The statute of limitations has not elapsed.

In Florida, you only have 2 years from when you discovered medical malpractice took place—and up to 4 years total from the incident—to file a lawsuit for a medical malpractice claim. If you attempt to file after this period, there is little chance you will be able to obtain compensation for your damages.

What Is the Filing Deadline for Misdiagnosis Claims in Florida?

In Florida, you only have 2 years from when you discovered medical malpractice took place to file a lawsuit for a medical malpractice claim. If you do not discover the misdiagnosis right away, Florida law enforces an overall cap of four years from the date the actual malpractice took place, regardless of when you discover the injury. However, there could be some exceptions to this rule.

If a healthcare provider intentionally commits fraud, conceals the error, or misrepresents facts to prevent you from discovering the malpractice, the timeline is extended. In these cases, you have up to a maximum limit of seven years from the date of the incident. If the victim is a child under the age of eight, the deadline is generally extended until the child’s eighth birthday.

For legally incapacitated adults, the statute of limitations can also be paused or “tolled.” However, the seven-year statute of repose still typically serves as the absolute maximum filing window. If you attempt to sue for misdiagnosis medical malpractice after this period, there is little chance you will be able to obtain compensation for your damages.

How Do You Prove Misdiagnosis?

Ultimately, proving that misdiagnosis took place is only one part of a medical malpractice claim. You must be able to fulfill what is called the “standard of proof,” made up of four distinct elements, to win compensation.

Patient-Provider Relationship

You must be able to establish that you or your loved one had an established patient relationship with the healthcare provider.

Failure to Uphold the Standard of Care

You must then prove that the provider failed to uphold the standard of care expected in patient-provider relationships. In this case, that means they failed to properly diagnose you.

Injuries Suffered

You have to show that the provider’s misdiagnosis directly resulted in injuries, whether that be not treating a condition as soon as it should have been treated or making an existing condition worse.

Damages

Finally, you must prove that your injuries resulted in damages. Damages in a misdiagnosis case can include medical bills, out-of-pocket expenses, loss of earning capacity, lost wages, pain and suffering, and more.

Mistakes that Are Not Considered Medical Malpractice

It’s important to note that not all mistakes by medical providers are considered malpractice. You must show that they acted in a negligent, careless way that breached the standard of care they owed you.

Mistakes that do not meet this legal threshold and are not considered medical malpractice include:

Unavoidable Complications and Known Risks: 

If you experience a known risk or inherent complication that was thoroughly explained to you during the informed consent process, complications are generally not considered malpractice.

Unsuccessful Outcomes

A bad result, such as a surgery that did not cure your underlying condition, is not automatically malpractice under state law.

Patient Non-Compliance

If an injury occurs because you failed to follow the doctor’s prescribed treatment plan, medication schedule, or post-operative care instructions, you cannot sue a doctor for misdiagnosis.

Errors in Untreatable Conditions

If a doctor makes a misdiagnosis, but your true underlying medical condition was fatal or untreatable, and the doctor’s error would not change the outcome (regardless of when it was caught), their actions do not qualify as malpractice.

What Are the Biggest Hurdles in Proving a Malpractice Lawsuit?

As we touched on, proving a medical malpractice lawsuit in Florida is exceptionally difficult. While you can sue a doctor for misdiagnosis, before you officially file a medical malpractice lawsuit, Florida law requires a rigorous and costly pre-suit investigation.

This step requires you to obtain a sworn affidavit from a qualified medical expert stating that there are reasonable grounds to believe medical negligence occurred. You must also submit a “Notice of Intent to Initiate Litigation” to the healthcare provider and give them up to 90 days to review and investigate your claim. If you do not complete this process correctly, Florida courts would likely dismiss the lawsuit completely.

It is not enough to show that your doctor made a mistake or deviated from the standard of care. You must also prove that this error directly caused your injuries, and causation is notoriously hard to establish. Defense attorneys may argue that your injury was a natural progression of a pre-existing condition or that it was a necessary side effect of treatment. Many medical procedures are risky and proving that an adverse outcome was due to negligence and not a routine complication requires expert testimony.

Read More: Which Element of Malpractice Is Hardest To Prove?

Do I Need an Orlando Medical Malpractice Attorney?

Medical malpractice claims involving misdiagnosis are often highly complex cases that require abundant experience, insight, knowledge, and resources. It can be difficult to prove that a mistake reached the level of malpractice, requiring a thorough investigation to review all available medical documentation.

Further, the healthcare provider’s insurance company will put significant effort into fighting your claim. They may offer you a small settlement, but are unlikely to offer you the settlement you need and deserve without a fight.

For most, doing all of this without the help of an experienced medical malpractice attorney simply isn’t practical, and the stakes are too high. Working with a lawyer will not only take the burden off your plate, but it will also give you the best chance of recovering the compensation you deserve for what you have suffered.

What Damages Can You Recover in a Misdiagnosis Claim?

In a Florida medical malpractice misdiagnosis claim, you can typically recover both “economic” and “non-economic” damages. In rare cases involving gross negligence, you may also be awarded “punitive” damages to punish the healthcare provider for breaching their duty of care.

Economic Damages:

Economic damages are your specific, out-of-pocket financial losses that were a direct result of your misdiagnosis. This compensation may help you recover your:

• Medical Bills: Costs for corrective surgeries, additional hospital stays, required medications, physical therapy, and long-term care.
• Lost Income: Wages or lost profits from your business due to time off work for additional treatments or recovery.
• Loss of Earning Capacity: If the misdiagnosis leaves you permanently disabled and unable to earn the same income you did previously, you may be compensated.
• Out-of-Pocket Costs: Travel expenses for out-of-town medical appointments, household services, and mobility equipment all qualify as recoverable losses.

Non-Economic Damages

Non-economic damages are a bit harder to prove, because these losses are considered “subjective.” They are intangible costs caused by the misdiagnosis, and may include:

• Pain and suffering, including physical discomfort and ongoing distress.
• Psychological trauma, anxiety, or depression caused by the ordeal.
• Inability to enjoy life by participating in beloved hobbies, daily activities, and family life.
• Disfigurement and permanent scarring caused by delayed treatment or an incorrect procedure.
• Compensation for the negative impact the injury has on your relationship with your spouse or a “loss of consortium.”

The value of these damages depends on factors such as the severity of your injury, the length of time the condition went undiagnosed, the impact on your daily life, and whether the misdiagnosis resulted in permanent complications or disability.

Contact Colling Gilbert Wright Today!

At Colling Gilbert Wright, we understand the frustration, confusion, and pain that can come with a misdiagnosis claim. We are committed to pursuing justice for those who have suffered damages due to the negligence of a healthcare provider. We don’t seek a quick settlement—we seek a fair settlement, and we’ll be here with you each step of the way.

The question “Is misdiagnosis medical malpractice?” hinges on the standard of care provided and the impact of the error on your health. If you believe you have a medical malpractice claim due to a medical professional’s misdiagnosis, get in touch with us for legal support today. You can contact us online for a FREE case evaluation. Our malpractice lawyers are proud to serve our neighbors in Orlando and throughout Florida.

The post Is Misdiagnosis Medical Malpractice? appeared first on Colling Gilbert Wright.

However, the results can be devastating when physicians, nurses, pharmacists, pharmaceutical companies, and others fail to uphold their duty of care, whether through gross negligence or systematic errors. According to the Academy of Managed Care Pharmacy (AMCP), at least 1.5 million people suffer from medication errors every single year. While these errors do not always lead to serious outcomes, they can—sometimes resulting in serious, life-long complications and even death.

That’s why, if you believe you or a loved one has been the victim of a medication error, you should reach out to a qualified medical malpractice lawyer as soon as possible. At Colling Gilbert Wright, we can help determine if you have a viable claim and what next steps you should take to protect your rights.

To get started, schedule a FREE case review with our Orlando medical malpractice lawyers by calling (407) 712-7300 today.

What Is the Definition of a Medication Error?

Medication errors are a type of medical malpractice wherein a drug is improperly administered to a patient, potentially resulting in significant adverse events. The technical definition, per the National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP), is:

“[A]ny preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing, order communication, product labeling, packaging, and nomenclature, compounding, dispensing, distribution, administration, education, monitoring, and use.”

Simply, a medication error is any mistake that could harm a patient or lead to improper use. These errors can happen at any stage, from labeling or prescribing to giving or taking the medication. This definition is intentionally broad because medication errors can take many different forms and involve many different negligent parties.

Beyond covering prescription errors, in which a healthcare provider improperly prescribes a medication to a patient, medication errors also cover the manufacturing, compounding, dispensing, administration, and monitoring of a medication’s effects.

What Are Common Types of Medication Errors?

To gain a better understanding of what types of errors are considered medication errors, let’s look at some examples of the most common types.

Prescribing Errors

Prescribing errors cover not just prescribing the wrong medicine or dosage but also not ensuring a medication is safe for a specific patient, or a drug that does not cause an adverse interaction with an existing prescription. Medication Error Example: an ER doctor prescribes a medicine that a patient is allergic to because they failed to review the patient’s medical records thoroughly.

Administration Errors

These errors occur when a healthcare provider improperly administers a medication to a patient. Medication Error Example: a nurse tasked with administering a medication misreads the physician’s instructions and overdoses a patient.

Dispensing Errors

When pharmacists prepare and dispense medications, they can make mistakes that result in a patient receiving the wrong prescription. Medication Error Example: a pharmacist confuses one medication with another and dispenses the wrong drug to a patient.

Monitoring Errors

Medication errors can also include negligence during the follow-up or monitoring period. Medication Error Example: a patient is prescribed a drug that causes an adverse reaction but their provider fails to appropriately monitor their lab work, resulting in complications.

While less common, medication errors can also relate to the manufacturing, compounding, and packaging of medications. They can also include a healthcare provider’s failure to administer a drug when they should have done so.

Because of how varied medication errors can be, anyone who believes they have suffered damages because of a medication should seek input from a qualified medication error lawyer.

What Are the Consequences of Medication Errors?

As many different types of medication errors as there are, there are even more potential consequences. According to the Mayo Clinic, “Although most errors are minor, there is a huge spectrum—and some are fatal.”

Some of the potential consequences include:

• Minor side effects, such as dizziness or nausea
• The need for prolonged or additional treatment
• The worsening of an existing or underlying condition
• Permanent injuries, including paralysis or brain damage
• A loss of life

It’s also worth noting that some types of medication errors tend to be more dangerous than others, with prescribing errors and administration errors most often resulting in serious injury.

Who Is Responsible for Medication Errors?

Depending on the type of medication error, several parties could be fully or partially liable for an error, including:

• Physicians
• Nurses
• Pharmacists
• Pharmaceutical companies

Sometimes, the company or organization responsible for a patient’s care, such as a hospital, could also be held responsible. For example, if a nurse incorrectly administered a medication, it could be the nurse’s fault if they were intoxicated or acting in a grossly negligent or careless manner. On the other hand, it could also be the hospital’s responsibility for failing to vet their nursing staff properly or provide appropriate training.

Ultimately, determining who is responsible for a specific medication error requires a thorough investigation. This is one critical area where a medical malpractice lawyer can help.

What If My Doctor Prescribed Me a Defective Medication?

Defective drugs could cause severe, often life-threatening complications. From organ failure and stroke to cancer and birth defects, these medications may lead to health conditions that require extensive ongoing medical care, beyond their intended purpose. These defects, commonly stemming from faulty design or manufacturing process, may lead to medical malpractice lawsuits due to negligence.

If a doctor prescribes a defective drug that causes you harm, they may be liable under certain conditions. If they knew (or should have known) about the risks but failed to warn the patient or the practitioner chose an improper, high-risk dosage, both circumstances constitute a significant breach of the duty of care. However, if the defect lies in manufacturing or inadequate manufacturer warnings, a product liability claim should be filed against the drug company directly.

Can You File a Medical Malpractice Claim?

Yes, if an individual’s or organization’s negligence resulted in damages, you have the right to pursue compensation.

That said, doing so can be a challenge. Healthcare organizations generally have insurance companies to represent them in malpractice claims, meaning you are likely to be up against a sophisticated opponent.

It’s also important to understand that proving your right to compensation is not just about proving negligence. You must also show that:

• A duty of care existed between you and the negligent party
• This duty of care was broken
• This directly led to injuries
• Your injuries resulted in damages

Proving each of these often relies on evidence, expert witnesses, and a deep understanding of medical malpractice law.

Read More: Which Element of Medical Malpractice Is Hardest To Prove?

What Is the Biggest Hurdle in Proving Negligence in Medication Errors?

While all four elements (duty, breach, causation, and damages) must be established in a medical malpractice case, causation is typically the hardest element to prove. It requires providing the court with a direct link between a healthcare provider’s negligence and your resulting injury. This hurdle is often challenging to overcome because as the plaintiff, you are already ill or injured. The defense may argue that you suffer from a pre-existing condition, as opposed to harm caused by common medication errors.

The healthcare provider or facility’s legal counsel may also attempt to show that your condition would have worsened anyway, regardless of the medication error. However, with the help of a skilled attorney, we would prove causation with competing, complex medical expert testimonies to convince a jury of the link.

Breach of duty is another hurdle in cases of medical malpractice due to common medication errors. Delivering evidence that the provider deviated from the standard of care is difficult. This benchmark element requires establishing what a competent professional would have done differently if you were their patient.

What to Do When You Are the Victim of a Medication Error

If you suspect that you are the victim of a medication error, what you do next is vital to protecting your health—and your legal rights. Even your financial well-being could be at risk due to expensive medical bills and missed time from work. Do not make a mistake now. Act quickly and follow these steps to avoid potential medical and legal complications:

Seek Medical Attention: Prioritize your health by seeing a doctor, visiting the emergency room, or calling 911 if you experience adverse effects related to a medication.

Preserve the Evidence: Keep the medication container, the drug itself, and the pharmacy paperwork.

Put the Details in Writing: Keep a log of your symptoms, the date and time of the error, and all conversations you have with healthcare staff.

Notify Your Doctor: Let your prescribing healthcare provider and the pharmacist know of the mistake immediately. Ask your doctor if you should stop taking the medication.

Report the Error: Report the medication error to the Florida Department of Health to initiate an investigation.

Do Not Sign Anything: Avoid signing documents from the pharmacy or insurance company before you consult with a medication error attorney.

Consult an Attorney: Contact a medical malpractice lawyer to evaluate your case and discuss potential compensation for damages.

Why Should You Consult a Medical Malpractice Attorney?

In a word: experience.

Building and winning a medication error claim not only calls for a deep understanding of the law but also how to:

• Investigate the error and gather evidence
• Calculate damages
• Negotiate with insurance companies
• Retain qualified expert witnesses to testify on your behalf
• Navigate the legal process

The only way you learn how to do all of these things well is through experience. This is why it can be so hard to represent yourself—and why it is so important to work with a lawyer who has a proven track record of winning compensation for medication error victims.

Reach Out to the Medical Malpractice Lawyers at Colling Gilbert Wright

At Colling Gilbert Wright, our medical malpractice attorneys have successfully fought for the rights of patients who have suffered medication errors at the hands of a healthcare provider they trusted.

We know how frustrating and overwhelming this situation can be, but we also know that justice is attainable. Nothing can undo what was done, but we do everything we can to make our clients whole again so they can move on with their lives. That starts with holding healthcare providers and organizations accountable.

Reach out to our medical malpractice lawyers today for your FREE case review. We are proud to represent our neighbors in Orlando and throughout Florida.

The post What Are Some Common Medication Errors? appeared first on Colling Gilbert Wright.

Medical malpractice is “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Any negligent action or oversight by a medical provider can have devastating consequences.

Holding healthcare professionals accountable for their actions can bring a sense of justice to victims and provide much-needed compensation when they need it most. At Colling Gilbert Wright, we champion our clients’ rights, doing our best to rectify the wrongs they’ve suffered.

So, who can sue for medical malpractice in Florida? Let us explain.

These types of claims can be very complicated and just as hard to prove. Colling Gilbert Wright has experience, courage, and a passion for justice. If you suspect you have a claim, call our Orlando medical malpractice lawyers at (407) 712-7300 for a FREE case evaluation.

Who Can Bring a Medical Malpractice Suit in Florida?

If the situation is such that the “actions of the health care provider represented a breach of the prevailing professional standard of care” and you or a loved one were injured because of it, then a medical malpractice lawsuit would be the logical next step (Florida Statutes § 766.102(1)). The wrongdoer must be held accountable, possibly saving others from a similar situation.

But what does “standard of care” really mean? In Florida, the standard of care is used to evaluate negligence by focusing on what a competent, similarly trained healthcare professional would have done in the same situation. It focuses on competency, rather than perfection. As a medical malpractice claimant, you must be able to present expert testimony to first establish this standard and secondly, show how the incompetent medical provider breached it.

Read More: What Is the Standard of Care in Medical Malpractice Claims?

So, who can sue for medical malpractice in Florida? Typically, the adult who has been injured due to medical negligence would be the one to sue. However, there are a few exceptions:

• When injuries are severe, disabling, or permanent, the adult patient’s immediate family (spouse, children, or parents/guardians) may be eligible to file a claim
• Parents or guardians of a child may file on behalf of the child (child must be 25 years old or younger)
• Guardians of an adult may file on behalf of that adult

Can Loved Ones Sue for Medical Malpractice in Florida?

Yes. As stated above, parents or guardians can file on behalf of their children (if they are 25 or under). Additionally, there are occasions when a guardian can file on behalf of an adult. Additionally, if the patient passes away due to medical malpractice, the loved ones may be able to file a wrongful death lawsuit.

It is important to understand that only one person can file. That person should be the personal representative of the estate, and they will file on behalf of the family.

The personal representative needs to list all of the surviving family members when filing the Florida wrongful death lawsuit. These may include:

• Spouse
• Children
• Parents
• Grandchildren
• Adopted children or grandchildren
• Adopted siblings or blood relatives that were partially or wholly dependent on the deceased

With the pain and heartache that medical malpractice can cause to a victim and their family, you can’t be expected to sift through state law to understand your rights and next steps. A compassionate medical malpractice attorney can guide you, let you know who can sue for medical malpractice in Florida, and whether you have a case for compensation.

How Long Do You Have To Sue a Doctor for Malpractice in Florida?

The Florida statute of limitations on medical malpractice and wrongful death is 2 years from the date of the incident or the date the injury was discovered “or should have been discovered with the exercise of due diligence” (§ 95.11(4)(c)). However, there is a maximum limit of 4 years from the incident date unless the action is being “brought on behalf of a minor on or before the child’s eighth birthday.”

A statute of limitations is meant to give a set time by which you must have begun legal action. Some believe these limitations ensure that memories and evidence are fresh at the time of filing. However, others argue that they may enable negligent parties to avoid accountability for their actions.

Regardless of the purpose, if you attempt to file a lawsuit outside of the statute of limitations, it will most likely be denied. You deserve just compensation for the terrible losses you’ve suffered. Consult an attorney as soon as possible to ensure you have the opportunity to hold the negligent party(ies) accountable.

What Is the First Step in a Malpractice Suit?

If you suspect that you or a loved one have been the victim of medical malpractice, the absolute first step you should take is to schedule a FREE consultation with an Orlando medical malpractice attorney. Experienced legal representation will be able to assess your case and let you know if it is viable.

Then, if you have a claim, they will help you build your case. This will include:

• Gathering evidence
• Consulting with medical experts
• Offering support and guidance regarding the legal process
• Filing legal documents
• Negotiating with the healthcare provider’s insurance company
• Taking your case to court if a settlement cannot be reached
• Arranging expert medical testimony
• Ensuring deadlines are met
• Accurately calculating your damages
• Looking out for your best interests

Compassionate and dedicated legal representation is vital to the success of your claim. It doesn’t cost a thing to get your first consultation, and after that, most medical malpractice lawyers work on a contingency fee. This means they aren’t getting paid until you do. Reach out for help to get the justice you deserve.

Read More: What To Look For in a Medical Malpractice Law Firm

The Medical Malpractice Exemption in Florida Law

The Florida Wrongful Death Act contains a number of appalling inequalities, primarily through the “free kill” law. The law bans recovery for non-economic damages in medical malpractice cases if the deceased was 25 years old or older, unmarried, and childless. This act restricts legal recourse for parents of adult children and adult children of deceased parents, creating a number of unfair exemptions, including:

• Medical Malpractice Exception: Survivors of a patient cannot sue for pain and suffering under the conditions mentioned. That means there is no monetary accountability for healthcare providers in these cases.
• Arbitrary Age Limitations: Children over the age of 25 are treated differently than minors. They cannot receive monetary compensation for emotional distress, psychological trauma, or mental anguish, whereas minor children could.
• Unequal Treatment of Death Types: Parents could file a lawsuit for the death of an adult child if that death occurred in a car accident. However, not if the death occurred because of medical malpractice.
• Limited Survivor Class: The law excludes siblings, fiancés, and other close relatives from recovering damages like loss of companionship.
• Net Accumulations Restriction: For individuals who are retired, for example, the law allows minimal recovery for lost future earnings.

Recent attempts, such as HB 6017, aimed to repeal this decades-old restriction. Unfortunately, this valiant effort faced challenges and was ultimately vetoed by Florida Governor Ron DeSantis in 2025. DeSantis cited concerns that allowing these lawsuits would increase healthcare costs, drive physicians away, and raise insurance premiums.

What To Look For in a Medical Malpractice Law Firm

The attorney you pick to represent your legal rights matters. When choosing a firm to handle your medical malpractice lawsuit, consider these factors:

• Experience in Medical Malpractice: Ensure the firm focuses on medical malpractice rather than general personal injury. These cases require deep knowledge of medical procedures and legal complexities.
• Proven Track Record: Look for a firm with a history of successful results (both verdicts and settlements) in cases similar to yours.
• Resources and Network: A qualified lawyer should have access to medical experts, investigators, and resources to build a robust case.
• Local Knowledge: Having a local attorney on your side is advantageous as they are familiar with local court rules and judges.
• Communication and Transparency: Choose a firm that is responsive, provides clear information on fees, offers a contingency-based billing structure, and clearly communicates risks.
• Reputation and Reviews: Check reviews on platforms like Google Reviews or Avvo to gauge client satisfaction.

Orlando-based Colling Gilbert Wright is a highly awarded personal injury firm, with attorneys consistently ranked by Best Lawyers, Super Lawyers, and Martindale-Hubbell. For example, Melvin B. Wright was named “Lawyer of the Year” for both personal injury and product liability litigation in Orlando by Best Lawyers. The firm is also recognized for its community involvement, including sponsoring the Legal Aid Society’s Breakfast of Champions and hosting the “More Than a Game” Scholarship.

Contact the Medical Malpractice Lawyers at Colling Gilbert Wright for Assistance

When trust is broken in such a devastating manner, we cry out for something to be done to rectify the situation. Though we can’t turn back time, we can try to hold negligent medical practitioners accountable for their actions, seeking just compensation and protecting future victims from the same fate.

At The Florida Firm Injury and Accident Lawyers, we believe it’s not enough to simply do the right thing—we must do the exceptional thing. We are committed to standing by your side throughout the entire process as the beacon that guides you through the legal process and steers you toward justice and recovery.

Who can sue for medical malpractice in Florida? Perhaps you could. If you suspect you have a claim, contact our attorneys for a FREE consultation. We are proud to represent our neighbors in their fight for justice.

The post Who Can Sue for Medical Malpractice in Florida? appeared first on Colling Gilbert Wright.

When you visit a dentist, you are trusting him or her with your health and wellbeing. You deserve to receive an adequate standard of care as established by the dental community. When a dentist fails to provide that, you may experience significant harm.

What Is Dental Malpractice?

If you are considering taking legal action against a dentist, you must understand the legal standards that apply in these cases. Dental malpractice occurs when a dentist does not provide the standard of care that others with similar training provide, and a patient is harmed as a result. Our dental malpractice lawyers at Colling Gilbert Wright will carefully review your records and talk to you about your experience to determine whether it meets the legal criteria for a malpractice lawsuit.

Dentists make mistakes or exercise poor judgment sometimes. When another dentist with similar training might have made the same mistake, there is no malpractice. Even if you suffered harm due to an error, there is no legal basis for a malpractice lawsuit if the mistake and the dentist’s response to it was reasonable under the circumstances.

If the mistake was due to carelessness, lack of knowledge, or skill, the dentist may have committed malpractice. However, you only have a malpractice case if you suffered harm as a direct result. If there is no harm, there is no basis for a malpractice lawsuit.  

Dental Malpractice Can Have Serious Consequences

Healthy teeth and gums have a substantial impact on your overall health. Mistakes when performing dental work can lead to tooth loss, chronic pain, and bone deterioration in the jaw and sinuses. Failing to take a proper medical history, anesthesia errors, and sloppy surgical techniques can cause heart attacks, strokes, and even death.

Here are some of the most common dental malpractice issues:

Serious Infections

Most dental practices see dozens of patients a day. Between the high traffic and the type of invasive care being provided, dentists must maintain sanitary conditions. Failure to keep offices and equipment sterile can expose patients to bacteria and bloodborne infectious diseases.

Infections that start in the mouth can be especially dangerous. If not discovered and treated quickly, the infection can travel through the sinus to the brain and cause an abscess. 

Brain abscesses are medical emergencies that can cause death if not treated promptly. Treatment will require extensive treatment with antibiotics and may involve surgery. Even with prompt and effective treatment, you may suffer long-term effects like seizures, personality changes, or mobility issues.

Surgical errors

The same mistakes can occur during dental surgery as during a hospital procedure. These mistakes include slips of your dentist’s scalpel or tools and incorrect anesthesia or anesthesia overdose. While dental surgery carries risks, dentists should not expose patients to additional harm.

Tooth extraction is a common surgical procedure dentists perform and often the basis of dental malpractice lawsuits.  Errors during extraction surgery include:

• Accidentally severing a nerve
• Perforating the sinus 
• Fracturing the jawbone
• Injuring the joint of the jaw 

Extractions can also lead to serious infections.

Mistakes during other common dental surgery procedures, like root canal therapy and dental implants, carry similar risks to tooth extraction.

Anesthesia Errors

Many dental procedures require the application of a local anesthetic. Administering too much anesthesia can lead to a condition called Local Anesthetic Systemic Toxicity ( LAST), which can produce frightening symptoms like seizures, coma, and death. Milder cases may cause a persistent metallic taste in the mouth and dizziness.

Inadequate or ineffective anesthesia can produce excruciating pain and ongoing psychological effects such as post-traumatic stress disorder. Other anesthesia errors include administering a drug that reacts with the patient’s other medications, failing to observe the patient for signs of an allergic reaction, and not responding quickly enough to signs of distress.

Failing to Provide an Accurate Diagnosis

Dental malpractice may occur when the dentist fails to diagnose a condition promptly. A failure to timely diagnose gum disease can lead to tooth loss, destruction of the jawbone, and a buildup of bacteria that can lead to heart attacks, stroke, pregnancy complications, and other health impacts.

Most oral cancers can be treated successfully when caught early, but once the tumor is established, mortality increases. Treatment may involve highly invasive and disfiguring surgery.

Unnecessary or overzealous treatment: There have been cases of patients undergoing orthodontic treatment for several years longer than necessary, while the dentist continues to collect fees for maintenance and adjustments. Greed and insurance schemes can drive unscrupulous dentists to suggest services you don’t need. These services can be financially burdensome and may even harm the look and function of your smile.

Unnecessary or overzealous treatment

There have been cases of patients undergoing orthodontic treatment for several years longer than necessary, while the dentist continues to collect fees for maintenance and adjustments. Greed, and insurance schemes, can drive unscrupulous dentists to suggest services you don’t need. These services can be financially burdensome and may even harm the look and function of your smile.

Administrative Failures Can Lead to Liability

Surgical errors in dentistry may be due to a dentist’s lack of skill, a momentary distraction, or an equipment failure. Many other incidents of dental malpractice could be prevented if the dental office had maintained better procedures.

Talking an inadequate medical history or failing to review the history before treatment can lead to anesthesia errors. Inadequate attention to the patient’s medical history and current complaint could contribute to failures to diagnose serious conditions. A dentist also could be liable for not obtaining a patient’s consent before performing a service or procedure.

The skilled attorneys at The Florida Firm will review the practice’s procedures, looking for administrative deficiencies. When it is evident that the harm you suffered could have been prevented, the dentist could be liable for your past and future expenses and your pain and suffering.

Contact Colling Gilbert Wright Today

With over 80 years of combined experience, our medical malpractice attorneys know how to assemble the resources and testimony needed to prove negligence. We will work tirelessly to obtain the compensation you deserve as a victim of dental malpractice.

It’s crucial to pursue legal action quickly before the statute of limitations is up. If you’ve been injured due to dental malpractice, call our lawyers today at 407-712-7300. Colling Gilbert Wright serves clients in Orlando, Tampa, and Miami, Florida, as well as nationwide.

The post 3 Examples of Dental Malpractice appeared first on Colling Gilbert Wright.

Unfortunately, doctors make mistakes far more often than they should. As a patient or family member, filing a complaint is one of the best things you can do to help stop doctors from making the same mistakes in the future.

Filing a complaint is also important for protecting your legal rights. When doctors make mistakes, the costs can devastate patients and their families. The good news is that doctors—and their medical malpractice insurance companies—can often be held accountable through the complaint process and medical malpractice lawsuits.

The medical malpractice lawyers at Colling Gilbert Wright have extensive experience filing complaints against medical doctors in Florida. We trust medical providers with our health and well-being. When that trust is broken, only justice can help to repair the damage done.

Reach out to us today at (407) 759-7948 to schedule a FREE consultation. We will discuss whether you have grounds for a complaint, establish if you have a viable claim for compensation, and then pursue the justice you deserve. We serve our neighbors in Orlando and throughout Florida with distinction.

How Does Professional Misconduct Differ From Medical Malpractice?

Doctors must provide a reasonable standard of patient care, but they must also behave ethically and uphold professional standards of integrity. If you are a patient who suffered harm at the hands of a medical doctor, it is important to understand the remedies available. Your next steps depend in part on what you think the doctor did wrong. 

When you think your doctor behaved unethically, you can make a complaint of professional misconduct to the body that regulates and licenses doctors. Some situations that would be professional misconduct according to Florida Statute  § 458.331 include:

• Exploiting a patient for financial gain
• Sexually abusing a patient or having a sexual relationship with a patient
• Accepting referral fees or kickbacks 
• Directing patients toward businesses in which the doctor has a financial interest
• Engaging in deceptive advertising
• Billing for services not provided 
• Billing for physician services when a non-physician provided the service

You should make a complaint when you believe your physician has engaged in unprofessional conduct.

Medical malpractice lawsuits are the proper remedy when you believe you were harmed because the doctor did not provide an adequate standard of medical care. The medical malpractice attorneys at The Florida Firm will have an expert review your medical records. If they agree that you were harmed by substandard care, you could file a lawsuit seeking compensation.

Medical Malpractice Is a Form of Professional Misconduct

Medical malpractice is a failure to provide an appropriate standard of care that causes harm to the patient. It is also a form of professional misconduct. 

You can make a professional misconduct complaint when a doctor commits malpractice. However, it is not strictly necessary because the regulatory bodies receive a copy of any medical malpractice verdicts or settlements. 

Depending on the circumstances, an attorney might recommend filing a complaint before bringing a malpractice suit for strategic reasons. In other situations, a doctor might have made a critical mistake that was caught before you suffered harm. Without harm, you cannot bring a malpractice suit, but you could file a complaint for professional misconduct.

Who Regulates Doctors in Florida?

Doctors in Florida are regulated by the Florida Board of Medicine and the Florida Department of Health. If you have complaints against medical doctors in Florida, you can file your complaint with the Florida Department of Health.

The Florida Health Care Complaint Portal guides you through the process of filing a complaint online, and depending on the subject of your complaint, may refer you to another agency. 

It is critical to note that filing a complaint with the Florida Department of Health can lead to disciplinary action. A professional misconduct complaint will not result in payment of financial compensation. To receive compensation for your losses, you must file a medical malpractice claim separately.

When Should You Complain About a Medical Practitioner?

You should talk to a lawyer about filing a complaint about a medical practitioner any time you have reason to believe that your doctor committed professional misconduct or you or a loved one received substandard care.

How To File a Complaint Against a Doctor in Florida

If you need to file a complaint against a doctor in Florida, your first step is to talk to a lawyer who can help you.

Once you hire a lawyer to represent you, they will gather all the evidence needed to support your case. This includes medical records, billing records, witness statements, and other documentation. After compiling the evidence, your attorney will file the complaint on your behalf.

The process typically begins online, but the nature of your complaint will determine the specific agency involved. For instance, billing disputes (fraudulent billing or overcharging) may need to be filed with the Florida Department of Agriculture and Consumer Services. If you have Medicare and believe your physician is overcharging you or has a conflict of interest that impacted your care, you can make a complaint to the Center for Medicare Services. HIPAA violations should be directed to the U.S. Department of Health and Human Services. 

Each agency has distinct procedures and forms. A trusted and knowledgeable Florida lawyer can ensure your complaint is directed to the appropriate regulatory body.

What Happens To the Doctor As a Result of the Complaint?

When the Department of Health receives a complaint it conducts an investigation. If there is evidence of professional misconduct, the case will be referred to the Board of Medicine.

The Board may ask the doctor to address the complaint in writing. Sometimes there is a hearing where the doctor must appear and explain their conduct.  If the complaint is upheld, the doctor could face disciplinary action like:

• Mandatory retraining
• Practicing under the supervision of a proctor
• Alcohol or drug treatment
• Psychiatric evaluation
• Scope of practice limitations 

In the most severe cases, a doctor’s license could be suspended or revoked.

Will the Doctor Know a Complaint Has Been Filed?

Yes. According to the Florida Board of Medicine, when a complaint is under investigation, your doctor will be notified that a complaint has been filed. However, “Complaints remain confidential until ten days after the probable cause panel of the Board has determined that a violation has occurred. Patient identity and patient records remain confidential at all times.”

At this point, you won’t be dealing with your doctor directly (and you should be seeing a different doctor for treatment).

Does It Cost Anything To File Complaints Against Doctors in Florida?

It costs nothing out-of-pocket to file complaints against doctors in Florida. However, you must provide your medical records to support your complaint and the doctor may charge you for the copies.

When Does a Complaint Become Medical Malpractice?

This heading blurs the distinction and is inaccurate—complaints do not become lawsuits, they are separate actions. I suggest changing it to “ When Can You  Bring a Malpractice Lawsuit?” or something similar.

The event that formed the basis of a professional misconduct complaint  can also be the basis of a medical malpractice lawsuit when it involves a mistake that represents a deviation from the standard of care. When medical practitioners fail to meet this standard, they can—and should—be held accountable. 

Can You Sue a Doctor for Negligence in Florida?

Yes, you can sue a doctor for negligence in Florida. Medical malpractice is a form of negligence. Florida law makes it clear that patients and families can sue for medical malpractice when they suffer out-of-pocket costs, pain and suffering, and other losses due to their doctors’ negligence.

Medical malpractice cases are complicated, so choosing a lawyer with experience representing patients and families who are dealing with your situation is imperative. The medical malpractice attorneys at Colling Gilbert Wright have obtained numerous high-value settlements and verdicts on behalf of our clients injured by a doctor’s negligence.

Do I Need a Medical Malpractice Lawyer?

Due to the complexity of medical malpractice cases, if you think you may have a malpractice claim against your doctor, you will want to speak with an Orlando medical malpractice attorney promptly. Remember, this costs nothing out-of-pocket, so you have no reason not to consult a lawyer about your legal rights.

Read More: What To Look For in a Medical Malpractice Law Firm

Contact the Dedicated Attorneys at Colling Gilbert Wright

Do you need to know more about filing complaints against medical doctors in Florida? If so, we strongly encourage you to get in touch. We have decades of experience handling medical malpractice cases for our clients and strive to secure the support they need after their devastating losses.

Our lawyers represent all patients and families on a contingency-fee basis, meaning we only collect our fees and costs if we help our clients recover. No Fee Unless We Win!

To speak with a medical malpractice attorney at Colling Gilbert Wright in confidence about your legal rights, contact us now to schedule a FREE consultation. We’ll be with you every step of the way to the justice you deserve.

The post How To File Complaints Against Medical Doctors in Florida appeared first on Colling Gilbert Wright.

We don’t anticipate medical negligence when seeking help from a medical practitioner. We rightfully expect a standard of care from the trained and experienced providers whose expertise we rely on. When a doctor or health care practitioner fails to provide that care, and we or someone we care about is injured, there might be a case for medical malpractice.

If you have been injured or someone you love has passed away due to medical negligence, the devastation and sense of betrayal can be overwhelming. At that time, it is in your best interest to seek the help of a skilled Orlando medical malpractice attorney. Call Colling Gilbert Wright at (407) 712-7300 for a FREE case evaluation. Our lawyers can handle the details of your case while you focus on healing.

Defining Medical Negligence

Many people equate the terms medical negligence and medical malpractice. In a broad sense, they are interchangeable when referring to errors that result from a medical professional. But in a more strict sense, medical negligence refers to one specific, yet crucial, part of a medical malpractice case.

Medical negligence is defined as any act or failure to act by a medical professional that deviates from the accepted medical standard of care. Standard of care in medicine refers to the level of treatment that any medical professional would deliver in similar circumstances.

Negligence of any kind, including medical, is a central part of determining fault in any personal injury case. When a medical professional deviates from the accepted standard of care in your treatment, they can be deemed negligent.

It’s important to note that medical negligence itself does not necessarily prove medical malpractice. It’s when negligence leads to personal injury that a malpractice case can be pursued.

Understanding the Standard of Care

One of the most challenging aspects of a Florida medical malpractice case is that the attorney must prove the healthcare professional failed to meet the standard of care. It’s challenging because the specifics of the case determine the applicable standard.

When deciding whether a healthcare provider violated a standard of care, the question is whether another similarly credentialed provider would have made a similar decision. The actions of a nurse must be compared to those of a nurse. When the situation involves a doctor, their actions must be compared to those of a physician with similar training and experience.

To meet the standard of care, a healthcare provider must apply the same degree of knowledge and skill to the patient’s condition as another provider with the same credentials. They need not provide exemplary care, but it must be at least as good as that offered by similarly trained professionals practicing in the area.

Expert Opinions Are Required to Determine Medical Malpractice

 Florida Statutes § 766.106  requires an attorney to obtain the input of a medical expert before filing a medical malpractice lawsuit. The expert must review the medical records and write a statement explaining whether the healthcare professional provided an acceptable standard of care. The expert’s opinion must explain the actions, omissions, or decisions that violated the standard.

What Are the Elements of a Medical Malpractice Claim?

Medical negligence can have devastating consequences. Perhaps the patient only sustains a minor injury. Maybe the injury is more serious, causing lifelong medical complications, infirmity, or even death. No matter the severity, an injury suffered at the hands of a practitioner you trusted is traumatic.

If you or a loved one have been the victim of medical negligence, investigating and filing a claim can be overwhelming. Hiring a malpractice lawyer can help to ensure that just compensation is pursued while allowing you to focus on what’s important—your physical and mental well-being.

An attorney will be well-versed in determining whether your case meets all of the elements of a medical malpractice lawsuit. These elements are:

Duty of Care

As long as a practitioner-patient relationship is established, the practitioner has a duty of care. They are expected to act for the patient’s benefit, always keeping their best interests at the forefront.

Breach of Duty

The breach of the duty of care is where medical negligence comes in. If the medical practitioner has breached their duty by failing to provide an acceptable standard of care, they have been proven negligent.

Causation

The element of causation identifies a direct link between the breach of duty or negligence and the injury suffered by the victim. This element is the hardest of the four to prove.

Damages

The victim must have suffered quantifiable economic and/or noneconomic losses due to their injury. These may include medical bills, lost wages, pain & suffering, loss of consortium, etc. The possibility of future losses—for example, a higher risk of suffering a specific injury because of a healthcare provider’s negligence—is insufficient to support a medical malpractice claim. You must have suffered actual harm at the time you file the lawsuit.

These elements may seem straightforward, but they rarely are. Because this can be a complex process, you’ll need the help of experienced medical malpractice lawyers to help you navigate your claim.

What Are Some Examples of Medical Negligence?

Medical negligence can occur in many different forms and settings, and no specialization is devoid of occasional breaches of duty. Some examples of how negligence can occur include:

Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose

These are the most common types of medical negligence. They occur when a healthcare provider incorrectly diagnoses a medical condition, fails to diagnose it in a timely manner, or fails to diagnose it at all. These failures may result in the patient receiving the wrong treatment or no treatment at all, leading to serious harm or even death.

Diagnosis errors can result from failure to order the correct diagnostic tests, misinterpretation of test results, inadequate patient history, and other factors.

Failure to Obtain Informed Consent

Another type of medical negligence is failure to obtain informed consent. This occurs when a healthcare provider fails to fully inform the patient about the risks, benefits, and alternatives to a particular treatment or procedure. The patient cannot make an informed decision about their care without the complete information.

Surgical Errors

Performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside the patient’s body, using dirty instruments, or any mistake during surgery that harms the patient are common examples of surgical errors. Performing a surgical procedure without an adequate medical reason is also a form of surgical error, even when the procedure is successful, because it subjects the patient to unnecessary physical pain, emotional anxiety, and expense.

Medication Errors

Medication errors can involve prescribing the wrong medication, administering the wrong dosage, failing to recognize an allergy to the medication, or failing to monitor the patient for side effects or drug interactions.

Emergency Room Errors

In a hectic emergency room, negligent errors can take many forms. Misdiagnosis or delayed diagnosis, failure to run necessary tests, medication errors, delayed treatment, failure to follow up on treatment, and more are all possible ER errors.

Anesthesia Overdose

Anesthesiology is a delicate and precise science. When a patient suffers an anesthesia overdose, the result could be brain injury or death. An overdose could happen if the patient was given the wrong type or dosage of anesthesia or if it was administered at the wrong rate, among other causes.

Birth injuries can cause persistent health problems, developmental delays, and lifelong disability. They can sometimes lead to an infant’s death.

Birth Injuries

Negligence can also occur before, during, and after childbirth. A birth injury could occur due to a failure to monitor the mother and baby during labor and delivery, failure to recognize signs of fetal distress, or the use of excessive force during delivery, resulting in injury to the baby.  Birth injuries can cause persistent health problems, developmental delays, and lifelong disability. They can sometimes lead to an infant’s death.

Read More: What Are the Most Common Forms of Birth Injury?

Nursing Home Neglect & Abuse

Abuse and neglect in nursing homes, assisted living centers, and other facilities is another devastating form of medical negligence. Examples of this type could be physical, emotional, medical, or sexual. For instance, neglecting to provide necessary medical care, failing to monitor residents for changes in condition, ignoring a patient’s basic needs, or allowing physical or sexual abuse to occur.

Bed sores are a common sign of nursing neglect. Other indicators include patient falls, wandering, and unexplained changes in a patient’s weight or mood. The attorneys at The Florida Firm have obtained numerous high-dollar settlements for neglected nursing home patients and their families.

Read More: How to File a Nursing Home Complaint

Time Is Critical In a Malpractice Action

Like all legal proceedings, medical malpractice actions are subject to a statute of limitations. Florida Statutes § 95.11 allows a patient just two years from the date of injury to file a malpractice claim. When the injury results from a course of action, like ongoing treatment for an incorrectly diagnosed condition, the two-year period begins on the date of the last appointment with the healthcare provider.

Sometimes malpractice is not discovered until later. In that case, you have two years from your discovery of the injury to file a lawsuit, but you cannot sue if more than four years have passed since the malpractice occurred.

When an infant or young child suffers an injury due to medical negligence, the parent or guardian has until the child’s 8th birthday to bring a lawsuit on the child’s behalf. Injuries to older children are subject to the two-year time limit and four-year discovery limit. Statute of limitations issues can be especially complex in Florida medical negligence cases, so it is critical to consult an experienced attorney as soon as possible.

Contact a Medical Negligence Attorney Today

We rely on medical professionals to provide us with competent care. We entrust them with our injuries, ailments, and lives, and they spend theirs studying how to treat and heal us. Yet, errors still occur.

Some mistakes may be unavoidable. However, others may result in harmful, dangerous, and even deadly consequences. The failure to uphold a reasonable standard of care is medical negligence. If it results in harm to a patient on the part of a medical professional, it is medical malpractice.

At Colling Gilbert Wright, we work with a team of medical experts to determine the facts in your case and establish fault by showing that the negligence on behalf of your healthcare professional resulted in your injury. Through thorough investigation, we’ll determine the facts to pursue the compensation you deserve.

If you believe you’ve been the victim of medical negligence and want to learn more about your options, contact our medical malpractice lawyers today to schedule a FREE consultation. We proudly serve those who live in Orlando and nearby areas of Florida.

The post What Is Considered Medical Negligence? appeared first on Colling Gilbert Wright.

If you believe you or a loved one has been injured due to a medical provider’s negligence, we encourage you to contact an experienced medical malpractice attorney as soon as possible. Medical malpractice claims are usually complex, and you only have 2 years from the date of the injury to investigate, prepare, and file a claim.

Being aware of common medical malpractice examples helps you stay vigilant about your own care. If you suspect you or a loved one may have been a victim, the medical malpractice attorneys at Colling Gilbert Wright can assist in determining if you have a viable claim.

Call us today at (407) 712-7300 to schedule a FREE consultation. We are honored to represent our neighbors in Orlando and throughout Florida.

The Definition of Medical Malpractice

Before we look at specific examples of medical malpractice, let’s first define what medical malpractice is. Being injured by a doctor or having a condition worsen after being treated are not sufficient on their own to warrant a malpractice claim. Instead, you must prove four key points to have a viable claim:

1. A patient-doctor relationship existed. This establishes the duty of care owed to you by the provider.
2. The provider failed to meet the “standard of care.” They did not do what other competent medical providers would have done in caring for you.
3. This failure resulted in injury or death to you or a loved one. There must be direct causation between the provider’s negligence and the injury.
4. This injury led to damages. These damages can include both economic and non-economic losses.

A situation that does not meet these criteria will not qualify for a medical malpractice claim.

How Medical Malpractice Cases Differ From Other Injury Cases

Most injury cases are based on negligence, which is a failure of a duty to use reasonable care that results in harm to someone else. Medical malpractice is a very specific type of negligence and is more difficult to prove.

Proving medical malpractice requires an Orlando attorney to establish a specific standard of care and show that the medical professional violated it. Florida Statutes § 766.106 requires that, before you can file a medical malpractice case, a medical expert must review your medical record and write an opinion explaining how the care you received violated the applicable standard. There is no similar requirement in a car accident or slip and fall case.

In addition, the law requires you to provide 90 days’notice to the healthcare provider you intend to sue, and include the medical expert’s opinion in the notice documents. After receiving the notice, the parties are required to work with a mediator to resolve the case before they can file a lawsuit. Even if mediation fails and you file a legal claim, you may be required to try mediation again before a court will schedule a trial in your case.

7 of the Most Common Medical Malpractice Examples

Although medical malpractice has a precise definition, it can apply to a wide range of situations. Seven of the most common medical malpractice examples include:

Diagnostic Errors

Diagnostic errors can refer to making the wrong diagnosis (misdiagnosis), not making the diagnosis as soon as the provider should have (delayed diagnosis), or failing to diagnose a patient at all (missed diagnosis). Diagnostic errors can subject you to unnecessary or harmful treatment, force you to endure your symptoms for longer than necessary, and delay effective treatment, shortening your lifespan or even causing death. A mistaken or missed diagnosis of a physical problem can also have a severe impact on your mental health.

Birth Injuries

Also known as obstetrical malpractice, birth injuries involve some form of negligence in prenatal care (e.g., failing to realize that a fetus or the mother was in danger) or in the delivery room (e.g., using too much force while delivering the baby or delaying a Caesarean section). Children with birth injuries may suffer from cerebral palsy, broken bones, dislocations, and neurological injuries that cause developmental delays. Some of these conditions may resolve as the child matures, but others may have a permanent impact, and some are fatal.

Emergency Room Errors

Emergency rooms are often tense, chaotic environments, and the care given in them can be a matter of life and death. If emergency rooms are not prepared with the right equipment and staff, it can lead to life-threatening mistakes.

Triage errors can cause delays in treatment with long-term consequences. Poor communication among the medical staff can lead to failures to order necessary tests, misinterpretation of test results, and premature discharge. 

Surgical Errors

Leaving a surgical instrument in the body or operating on the wrong body part are examples of surgical errors. These errors can also involve administering the wrong blood type, needlessly injuring a patient, or failing to properly monitor the patient after the surgery is complete. Performing a surgical procedure without clear medical necessity or choosing the wrong procedure without thorough consideration of the patient’s risk factors are also surgical errors that may be medical malpractice.

Failure to Obtain Informed Consent

Patients should be fully informed about the risks and complications associated with a medication or procedure. They must be told about other possible treatments and their advantages and disadvantages, and the likely consequences of forgoing treatment altogether. The informed consent process takes time, but it ensures that the patient has a complete understanding of their treatment options. When they do not, and the procedure or treatment leads to further injuries, it may constitute medical malpractice.

Prescription Errors

When a physician, nurse,  or pharmacist makes a mistake prescribing or dispensing drugs—whether administering the wrong drugs or advising the wrong dosage—the results can be devastating. Medication errors are so dangerous that hospitals, nursing homes, and pharmacies must have multi-step protocols to prevent them. Failing to adhere to these protocols can be medical malpractice.

Anesthesia Errors

Anesthesia is a crucial part of many medical procedures and is very dangerous when not administered properly. If the dosage is too high or a patient is not closely monitored during and after administration, it can result in an overdose causing brain injuries, heart attacks, and more. Inadequate or ineffective anesthesia can result in patients regaining consciousness during surgical procedures, experiencing excruciating pain, and severe psychological injuries.

Read More: 3 Examples of Dental Malpractice

It’s also important to know that medical malpractice does not just apply to surgeons or primary care physicians. It also pertains to hospital staff, dentists, and other medical providers.

Is Medical Malpractice Hard To Prove?

Yes, medical malpractice claims are some of the most challenging to prove for a few reasons.

1. Medical Records Are Complicated

It can be challenging to sift through medical documentation to determine what medications and treatments were administered and when. Nevertheless, these records are critical for determining the facts of a claim.

2. The “Standard of Care” Is Not Always Obvious

Determining what a provider should have done in a particular situation can also be challenging. Often, we need to rely on expert witnesses who can testify to what a competent provider would have done in that situation.

3. Insurance Companies Usually Fight Claims

Medical providers are backed by insurance companies that must cover damages from medical malpractice claims. These insurers often fight claims hard. They may initially offer insufficient compensation, hoping you’ll accept the lowball offer. If you refuse to settle for less than you deserve, they will do whatever they can to avoid liability.

While these obstacles make claims difficult, victims of medical malpractice should not allow these challenges to deter them from pursuing the compensation they need and deserve for the damages they have sustained. A dedicated attorney isn’t afraid. They can guide you through the process and support you every step of the way.

Possible Damages in a Med Mal Claim

When we talk about damages, we are referring to what medical malpractice victims may be able to recover compensation for, which includes:

• Economic damages refer to financial losses past, present, and future. Some examples include medical bills, lost wages, loss of earning capacity, and out-of-pocket expenses.
• Noneconomic damages refer to emotional or psychological pain caused by the incident, including pain and suffering, emotional distress, disfigurement and scarring, and more.
• Punitive damages are not meant to compensate medical malpractice victims for their losses. Instead, they are awarded to victims as a means of further punishing defendants who are deemed to have acted with “intentional misconduct or gross negligence.”

It is very important that medical malpractice victims work with an attorney to fully consider all of the damages they have sustained so they can pursue and secure the total amount of compensation they deserve.

We have an extensive record of obtaining substantial settlements and verdicts in medical malpractice cases. Attorneys at  Colling Gilbert Wright have resolved cases in excess of $1 million for clients who suffered injuries due to missed diagnoses, surgical errors, birth injuries, and other forms of malpractice.

Read More: How To File Complaints Against Medical Doctors in Florida

Our Medical Malpractice Attorneys Can Help

At Colling Gilbert Wright, our medical malpractice attorneys have decades of experience fighting for the rights of patients who have been injured or killed at the hands of a medical provider they entrusted with their care. If any of these medical malpractice examples seem similar to your situation, contact us to schedule a FREE consultation as soon as possible.

We have extensive experience handling the medical record review process and working with experts who can testify to providers’ errors. Colling Gilbert Wright has the resources and dedication to fight the insurance companies and win. Contact our Orlando medical malpractice lawyers today to start walking the path to justice together.

The post What Are the Most Common Medical Malpractice Examples? appeared first on Colling Gilbert Wright.

All types of diagnostic errors have the potential to constitute medical malpractice. In fact, not only are diagnostic errors among the most common types of medical mistakes, but they are also among the most common grounds for malpractice claims. According to Claims Journal, “inaccurate or delayed diagnoses were cited in 34% of medical malpractice claims where the patient died or was seriously disabled. . . . [and] claims caused by diagnosis errors made up 28% of all payouts.”

The Orlando medical malpractice lawyers at Colling Gilbert Wright have been helping the wrongfully injured throughout Florida for decades. We understand the intricacies of these difficult cases, and we have the knowledge, skill, and resources needed to pursue the compensation you deserve.

When is a Missed Diagnosis Considered Medical Malpractice? 

For a missed diagnosis to be considered medical malpractice, the error must reflect a failure to meet the treating physician’s “standard of care.” Under Florida law, all physicians owe a legal duty to diagnose and treat their patients in accordance with generally accepted medical knowledge, practices, and procedures. If another physician would have provided a timely and accurate diagnosis under the same circumstances, then a missed diagnosis can give rise to a medical malpractice claim. 

This means that missed diagnoses are considered medical malpractice in many—but not all—cases. Here are some examples:

• Missed Diagnosis of Broken Bone – A patient visits the emergency room (ER) after falling and injuring her wrist. The ER doctor obtains an X-ray, and after reviewing the X-ray determines that the patient has soft tissue damage but no bone fracture. Two weeks later, the patient visits her own doctor after her condition has failed to improve. Her doctor quickly identifies a fracture on the ER X-ray that requires treatment. In this scenario, it is likely that the ER doctor’s missed diagnosis will be considered medical malpractice. 
• Missed Diagnosis of Pulmonary Embolism – A patient visits her doctor complaining of chest pain, heart palpitations, and occasional feelings of lightheadedness. After performing a physical exam and ordering blood work, the doctor is unable to pinpoint a specific diagnosis. The doctor says that the patient is probably dealing with heartburn, and sends her home with a recommendation for an over-the-counter medication. Two weeks later, the patient is rushed to the ER after fainting. In the ER, she is diagnosed with a pulmonary embolism. She will suffer permanent complications due to her doctor’s missed diagnosis. This is another scenario in which the patient will likely have a claim for medical malpractice. 
• Missed Diagnosis of Cancer – A patient visits her primary care physician every year for a wellness visit. While she has never had any serious health problems, one day she notices that she feels far more tired than usual, and then she starts having trouble eating or keeping down food. She decides to see a different doctor who diagnoses her with Stage III stomach cancer. Her new doctor says that the cancer has likely been in her body for years. The primary care physician’s missed diagnosis of the patient’s cancer may be considered medical malpractice.

Common Reasons for a Missed Diagnosis

Most doctors care about their patients and want to help them. Many cases of medical malpractice arising out of missed diagnoses have reasonable explanations. However, the fact that an error occurred can still indicate medical malpractice. Our Orlando medical malpractice attorneys often see misdiagnosis cases attributable to the following factors.

Focus Is Too Narrow 

Doctors are taught to consider the most likely explanations for symptoms first. This biases them toward ordering the tests that are most likely to confirm a diagnosis of a common condition and not ordering tests that would correctly diagnose a more uncommon disease.

However, people do develop rare conditions. Unfortunately, the bias toward looking for common conditions may delay a correct diagnosis, allowing the disease to progress and diminishing the chances of a good outcome. Sometimes the correct diagnosis is not made until after the patient’s death. 

Looking for What Is Familiar 

Doctors of different specialties may provide different diagnoses of the same patient. When a patient presents with a specific constellation of symptoms, an endocrinologist is more likely to diagnose an endocrine disorder while a neurologist might diagnose a neurological condition. 

The tests each doctor orders and their interpretations of the result may be biased. This is not intentional, but can lead to harmful and medically unnecessary treatment and delays in appropriate and effective care.

Not Probing Enough

Ideally, a medical professional of any specialty would provide a differential diagnosis—a list of possible conditions that would produce the observed symptoms—and order tests that would more   definitively identify the patient’s disease. But factors like the cost, availability, or invasiveness of more specific diagnostic tests can lead a doctor to stop looking when they hit upon a diagnosis that seems to be right even if the patient does not have all the expected markers of a specific disease.

Sometimes asking the patient the right questions can elicit a response that leads to the correct diagnosis. But many doctors do not take the time to have probing conversations with patients, instead relying on them to volunteer information about any symptoms.

Common Conditions That Are Often Misdiagnosed

Many diseases and conditions present symptoms that mirror other diseases, often leading to misdiagnosis. Sometimes when a patient presents with relatively mild symptoms a healthcare provider might assume an easily treated condition is the culprit, rather than making a close examination and finding the true cause.

There are numerous serious conditions that are frequently misdiagnosed, leading to significant consequences for the patient. These include:

• Many cancers produce early symptoms that can be easily mistaken for less serious diseases 
• Celiac disease, Crohn’s disease, and irritable bowel syndrome are often mistakenly diagnosed although specific bloodwork can distinguish between these disorders
• Heart attacks are often misdiagnosed as heartburn in emergency departments, especially in women and patients who present with atypical symptoms 
• Lyme disease can present with a characteristic rash, but when the rash is absent, it can be confused with various other neurological disorders
• Mental health conditions such as anxiety, depression, bipolar disorder, and post-traumatic stress disorder of often misdiagnosed or undiagnosed 
• Multiple sclerosis (MS) often presents vague symptoms of varying severity and requires blood tests, MRI, and lumbar puncture to arrive at a definitive diagnosis 
• Thyroid condition symptoms can mirror mental health disorders or may be attributed to lifestyle factors if the treating healthcare professional does not order blood tests to evaluate thyroid function 

Other frequently misdiagnosed conditions include appendicitis, carpal tunnel syndrome, and stroke.

Healthcare providers may attribute symptoms to the most likely diagnosis without exploring further to confirm and perhaps change the diagnosis. Failing to seriously consider all possibilities can lead to misdiagnosis and permanent harm. When this happens, the Orlando malpractice attorneys at The Florida Firm can hold the healthcare provider accountable.

Do You Have a Claim for Medical Malpractice Based on a Missed Diagnosis?

In order to determine if you have a claim for medical malpractice based on a missed diagnosis, there are three key questions you will need to answer with the help of an Orlando medical malpractice lawyer: 

1. Could (and Should) Your Doctor Have Accurately Diagnosed Your Condition? 

To be liable for medical malpractice, a doctor must have had an opportunity to provide an accurate diagnosis and failed to do so. If your doctor had the information he or she needed (or could have obtained the information he or she needed by ordering appropriate tests) to provide a correct diagnosis, you may have a claim. 

2. Have You Suffered (or Will You Suffer) Harm as a Result of the Missed Diagnosis? 

For it to be worthwhile to pursue a medical malpractice claim, you must have losses you are entitled to recover. These could include current or future medical expenses, lost income due to inability to work, pain and suffering, shortened life expectancy, and various other financial and non-financial losses. 

3. Do You Still Have Time to File a Medical Malpractice Claim?

In Florida, all medical malpractice claims are subject to a statute of limitations. In most cases, you must file within two years of discovering your condition and within four years of the date of your missed diagnosis. 

Schedule a Free Consultation with an Orlando Medical Malpractice Lawyer Today

If you need to know more about pursuing a medical malpractice claim for a missed diagnosis in Florida, we encourage you to contact us promptly. Contact our office online or at (800) 766-1000 to schedule a free consultation with an experienced Orlando medical malpractice lawyer today.

The post Is a Missed Diagnosis Considered Medical Malpractice? appeared first on Colling Gilbert Wright.

Many doctors have medical malpractice insurance which provides coverage in the event that a doctor makes a mistake and harms a patient. If you or a family member has suffered due to a doctor’s negligence, you may be able to file an insurance claim or, if necessary, sue your doctor for negligence.

However, handling this type of claim isn’t going to be easy. You’ll need an experienced and understanding Orlando medical malpractice attorney on your side.

At Colling Gilbert Wright, we have extensive knowledge of the reasons to sue a doctor and the skills and resources to hold negligent doctors, hospitals, and other healthcare providers accountable. Call us at (407) 712-7300 to schedule a FREE case evaluation.

When Can You Sue a Doctor for Negligence?

Doctors have a professional duty to provide their patients with a standard of care that meets accepted medical practices. When they fail to meet that standard—whether through errors in judgment, communication, or action—it can cause severe harm to patients physically, mentally, and financially.

If this is the case for you or a loved one, you may have the right to sue your doctor for negligence. You will have to prove that your medical provider’s actions or inaction directly caused an injury or worsened an existing condition.

Here are some of the most common reasons to sue a doctor for negligence:

Diagnostic Errors

Diagnostic errors occur when a medical provider makes a mistake in identifying or diagnosing a condition. These can occur because of a lack of attention, misinterpretation of results, and other mistakes, and can take multiple forms:

• Misdiagnosis of a condition
• Failure to diagnose a condition
• Delayed diagnosis

Surgical Errors

Mistakes during surgery can be some of the most alarming forms of medical negligence. Patients entrust themselves to medical providers when they undergo anesthesia. If there is a mistake while they are asleep, it is life-changing and heart-wrenching.

Additionally, surgical errors can result in severe complications, prolonged recovery times, and even permanent disabilities. Some examples include:

• Wrong-site or wrong-side surgeries
• Wrong procedures
• Surgical instruments left inside
• Anesthesia administration errors
• Errors closing wounds or preventing infection
• Failures to monitor after surgery

Emergency Room Negligence

Emergency rooms are exactly as they sound—fast-paced, frantic, and busy. Mistakes made in the ER can be catastrophic. When medical professionals fail to act appropriately in this environment, serious harm can be done. Common examples of ER negligence include:

• Failure to order appropriate tests
• Misreading or misinterpreting test results
• Failure to treat in a timely manner

Medication Errors

Medication errors are an all too common experience for patients. These can occur at the point of prescribing, dispensing, or administering the drug. They often stem from miscommunication or a lack of diligence. Examples can include:

• Wrong dosage prescribed
• Overdose or underdose of a drug
• Failure to ask about or review allergies or other contraindications
• Prescribing the wrong drug

Treatment Errors

Errors during treatment occur when a doctor provides care that is improper, insufficient, or unnecessarily delayed. These mistakes can make recovery more difficult or exacerbate an existing condition. Treatment errors can include:

• Treatment that deviates from medical standard
• Delayed treatment
• Improper techniques or tools used during treatment

If you or a loved one experienced complications while receiving medical care (or after seeing a doctor) and you have concerns about any of the above, you should speak with a medical malpractice lawsuit lawyer promptly. An experienced attorney can review medical records, consult with experts, and provide a comprehensive assessment of your legal rights.

Read More: What Are the Most Common Medical Malpractice Examples?

What Is the Most Common Reason To Sue a Doctor?

According to the previously mentioned study, treatment errors are one of the most common reasons to sue a doctor for negligence. We, as patients, rely on our doctors to provide competent, compassionate, and professional care. When errors occur, the trust in that relationship can be shattered. Preventable errors can lead to devastating consequences for victims and their families.

How Can You Prove a Doctor Is Liable for Your Injury?

In order to prove a medical professional’s liability in a medical negligence case, you are required to demonstrate four main elements:

• The medical professional owed you a duty of care
• They breached that duty
• The breach was the cause of your injury
• You suffered damages as a result of the injury

Medical providers are obligated to deliver treatment that meets accepted standards of care. When they deviate from these standards—no matter what form that takes—they must be held accountable.

Suing a doctor for negligence is not easy. Medical malpractice insurance companies will go to great lengths to avoid liability, and they will do so without any regard for how their actions impact you and your family.

To file a medical malpractice claim against your doctor, you need evidence of liability. Strong evidence to bolster and prove your claim may include:

• Medical Records: Detailed documentation of diagnosis, treatments, complications, and current prognosis.
• Expert Testimonies: Medical professionals licensed in the same field as the doctor in question who can explain how the care fell below standard.
• Witness Statements: Observations from family, nurses, and/or others who observed the negligence.
• Proof of Damage: Medical bills, lost wages, and evidence of emotional trauma and pain.

Do not be surprised at the aggressiveness with which insurance companies will fight a medical negligence claim. Having a compassionate and supportive advocate at this time will be a great asset. An experienced medical malpractice lawyer can guide you, engage an appropriate medical expert on your behalf, negotiate with insurance companies, and much more.

Read More: Why Is It Hard To Prove Medical Malpractice?

What Damages Can You Recover With a Medical Malpractice Lawsuit?

If you have reasons to sue a doctor, you invariably have damages resulting from their negligence. You may be able to recover compensation for both your economic and non-economic losses. These may include:

• Medical expenses for additional treatments, surgeries, rehabilitation, and medications
• Lost income due to missed work and reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• And more

Though money isn’t the answer to the trauma and betrayal you’ve experienced, it can help ease your mind as you heal. Relieving your financial stress can give you a greater capacity to focus on recovery and the future.

How Long Do You Have to Sue a Doctor for Negligence?

Under Florida law, the timeframe to sue a doctor for negligence is governed by two legal concepts: the statute of limitations and the statute of repose. Per Florida’s statute of limitations, you have 2 years from the date you discovered (or should have discovered) the medical provider’s negligence to file a medical malpractice lawsuit.

The statute of repose, however, sets a more finite deadline for a lawsuit. You have a maximum of 4 years from the date of the negligent act to file a claim, regardless of at which point you discover it.

There are exceptions to the statute of repose. If the delay in discovery is due to fraud, concealment, or misrepresentation on the part of the medical provider, the deadline may be extended to 7 years. Special rules also apply in cases of minors or incapacitated patients.

If you fail to file your lawsuit within these timeframes, you will most likely be barred from pursuing compensation. We say it often because we mean it—acting quickly is important to protecting your rights and having your voice heard.

Do You Need a Medical Malpractice Lawsuit Lawyer?

Medical malpractice cases are challenging for so many reasons. While dealing with your own pain and bewilderment, copious amounts of evidence and a thorough investigation will be necessary, especially when liability is contested. In short, consulting with an experienced and knowledgeable medical malpractice attorney is a must.

From negotiating settlements and representing you in court to answering your questions and guiding you through the legal process, having a lawyer by your side significantly improves your chances of securing just compensation. At Colling Gilbert Wright, our compassionate team understands how overwhelming this is. We are dedicated to providing you with the support and guidance you need to get through this.

Read More: What To Look for in a Medical Malpractice Law Firm

Contact an Orlando Medical Malpractice Lawyer Today

Understanding the reasons to sue a doctor for negligence is important to gauge whether a medical error warrants further action. However, when in doubt, it is always best to err on the side of vigilance and consult a medical malpractice attorney.

If you or a loved one has suffered harm due to a doctor’s negligence, schedule a FREE consultation with Colling Gilbert Wright. We are proud to fight for justice for our neighbors in Orlando and throughout Florida. Contact us today.

The post Can I Sue a Doctor for Negligence? appeared first on Colling Gilbert Wright.

Patients don’t always recover from their illnesses and injuries, regardless of the quality of care. As such, injured patients must be able to prove some key facts to recover compensation, showing how the action—or inaction—of the hospital staff or administration directly caused their injuries and subsequent damages.

At Colling Gilbert Wright, our medical malpractice attorneys have extensive experience fighting for the rights of injured patients. Make no mistake, hospitals—and the insurance companies and lawyers that defend them—will do whatever they can to combat your medical malpractice claim. Our goal is to even the playing field. Let’s start by giving you an example of negligence in a hospital setting so you have a better idea of what constitutes hospital negligence.

If you believe you have a viable claim against a hospital, get in touch with the committed medical malpractice lawyers at Colling Gilbert Wright today for a FREE case review by calling (407) 712-7300. Our attorneys proudly serve our neighbors in Orlando and throughout Florida.

What Is Hospital Negligence?

When hospitals fail to provide competent care to patients, and this failure results in injuries and damages, it constitutes hospital negligence (Florida Statutes § 766.110).

While the most widely understood type of negligence is provider negligence—which is focused on an individual healthcare provider—the hospital administration or staff can also be negligent in their duties. Examples of administrative negligence include:

• Understaffing
• Lack of training or supervision
• Improper discharge
• Lack of internal communication
• Mismanagement of patient records or prescriptions
• And more

When these administrative decisions or actions result in substandard patient care, the hospital may be held liable for any damages that occur as a result.

6 Examples of Negligence in a Hospital Setting

Beyond administrative errors, there are a variety of provider errors that can result in hospital negligence claims. Each of these errors is an example of negligence in a hospital setting, which may lead to devastating consequences for the patient. These include:

1. Surgical Mistakes: Errors during surgery, such as operating on the wrong body part or leaving a surgical instrument inside the patient
2. Medication Errors: Administering or prescribing the wrong medication or dosage
3. Anesthesia Errors: Mistakes in administering medications
4. Improper Discharge: Discharging a patient too early or without adequate instructions
5. Misdiagnosis: Failing to correctly diagnose a patient, leading to delayed or incorrect treatment
6. Birth Injuries: Errors during labor or delivery, such as failure to perform a timely c-section or the misuse of forceps or vacuum extractors

It’s also important to understand that negligence occurs when a provider does something incorrectly or fails to do something that they should have done. For example, if a patient is not monitored as closely as they should have been, and their condition worsens because of it, it could be argued that this failure to monitor constitutes negligence.

The same is true of poorly maintained hygiene. If a patient develops an infection because the hospital staff did not care for their wounds as well as they should have, this could also constitute hospital negligence.

Read More: What Are the Most Common Medical Malpractice Examples?

What Are the 4 Elements of Negligence in Healthcare?

Pursuing compensation for hospital negligence requires more than an injury or illness. It requires proving a direct chain of causation between the hospital’s duty of care and the damages you have sustained (§ 766.102).

The four elements key to this chain are:

1. Duty of care: You must first prove that you were a patient at the hospital, thus establishing the hospital’s duty to provide you with competent care.
2. Breach of duty: You then must prove the hospital failed to uphold its duty of care. Typically, this is done by establishing what a reasonably competent hospital or care provider would have done in a similar situation.
3. Direct causation: Then, you must show that the breach of duty directly led to your injuries or illness, whether it is a new injury or illness or the worsening of an existing one.
4. Damages: Finally, you must prove that these injuries resulted in damages, which can take the form of economic damages, such as additional medical bills, or noneconomic damages, such as pain and suffering.

Due to the often complicated nature of medical documentation and billing, it can be challenging to establish each of these facts. However, working with an experienced medical malpractice lawyer can make the process much more manageable.

Read More: Which Element of Malpractice Is Hardest To Prove?

Can I Sue for Hospital Negligence?

Yes, any patient or family of a deceased patient who received substandard care from a hospital or provider has the right to pursue compensation for damages that resulted from that negligence.

That said, having a viable claim requires proof that the hospital was indeed negligent. This proof can take many forms, but some of the most common include:

• Medical bills
• Patient records, including test results and medication records
• Injury documentation, such as photographs before and after hospitalization
• Witness testimony, whether from hospital staff, a visiting family member or friend, or another patient
• Hospital administrative documentation, such as protocols and training records
• Qualifying expert witness testimony (per §766.102(5))
• And more

Ultimately, the evidence we seek to gather will depend on the type of negligence we are investigating. If it appears the individual provider was negligent, we will focus more directly on their actions and background; if, on the other hand, the hospital administration appears to have been negligent, our investigation will focus more on the organization’s policies and procedures.

Read More: Can I Sue a Doctor for Negligence?

Contact the Medical Malpractice Lawyers at Colling Gilbert Wright Today

The last way we expect to suffer injuries is due to hospital negligence or at the hands of a negligent individual in a care setting. We entrust medical providers with our health, well-being, and even our lives—and they have a professional duty and moral obligation to do what is right.

When they fail in their duties, Colling Gilbert Wright is here to hold them accountable. Whether it’s a clear example of negligence in a hospital setting, such as a surgical error or improper discharge, or a more intricate case of provider oversight, our medical malpractice lawyers know what it takes to go up against hospitals and the lawyers that represent them. We investigate claims and build strong cases that protect the rights of injured patients.

If you believe you have a claim, we are here to walk alongside you each step of the way, providing the insight, advice, and resources needed to pursue the compensation you deserve for your damages. To get started, contact our Orlando medical malpractice lawyers today for a FREE case review.

The post What Are Some Common Examples of Negligence in a Hospital Setting? appeared first on Colling Gilbert Wright.