What Is the Standard of Care in Medical Malpractice Claims?
Whether you’ve suffered a sudden medical event or have a chronic illness, interactions with health care professionals can feel overwhelming. In addition to concerns about your health condition, the terms used and procedures performed can be difficult to understand. As such, it can be challenging to fully understand the nature and extent of a treatment or diagnosis.
The complexities of medical treatment can also make it challenging to recognize when a preventable error has occurred. In these cases, an attorney is crucial to understanding if your situation may be the result of negligence, in which a medical professional failed to deliver a reasonable standard of care.
At Colling Gilbert Wright & Carter, our medical malpractice attorneys have built a reputation for excellence in these complex cases. We understand the hardships you may be facing as a result of negligent medical care, and we are committed to helping you obtain the justice and compensation to which you may be entitled.
What Does Standard of Care Mean?
In order to prove that the negligence of a healthcare professional (such as a physician, nurse, surgeon, etc.) caused you undue harm, your attorney must present evidence that your medical provider deviated from the accepted course of medical action. This is referred to as the standard of care.
The standard of care describes what a healthcare professional with similar qualifications would do – or not do – in a given situation. To prove this, it is generally necessary to hire expert witnesses in the same field or specialty. In claims of medical malpractice, testimony from qualified experts is crucial in proving (a) what the standard of care is and (b) how the standard of care was violated by the healthcare provider in your case.
Colling Gilbert Wright & Carter has extensive experience handling complex medical malpractice cases. We have the knowledge, resources, and access to qualified experts you need to build a strong case.
How Do I Prove Negligence in a Medical Malpractice Claim?
Once your attorney has established the standard of care through the testimony of expert witnesses, it must be proven that negligence – the breach of this standard of care – caused your injury. In order to do this, your attorney will need to:
- Review your medical records to identify what tests were performed, what medications were prescribed, what treatments were given, and other specific details about your care.
- Assess your medical history to determine if the provider overlooked a prior health condition, drug allergy, or other crucial aspect of your medical record and pursued a harmful course of treatment as a result.
- Hire medical experts to review the records and testify how your provider’s errors caused your injury.
Are Medical Mistakes Always Medical Malpractice?
No. Medical malpractice is not defined simply as a mistake on the part of a medical professional. Additionally, not every patient who suffers an adverse outcome is a victim of malpractice. Despite the best efforts of doctors, surgeons, nurses, and other medical professionals, patients suffering from serious illness or undergoing risky medical procedures may decline in health or even die.
Due to the complex nature of these cases, it is important to have an experienced medical malpractice lawyer on your side to evaluate the merits of your case and determine all of your legal options.
How Much Is My Medical Malpractice Case Worth?
In addition to proving the standard of care and how that standard of care was violated and caused you harm, you must also prove that you suffered losses as a result of your healthcare provider’s negligence.
Depending on the details of your case, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Diminished earning capacity
- Emotional anguish
- Pain and suffering
- Loss of enjoyment of life
Additionally, while rare, punitive damages may be awarded in your case. Punitive damages are usually awarded at the court’s discretion as punishment when a defendant’s actions are found to be grossly negligent or especially harmful.
In the most tragic cases, medical malpractice can result in death. If you lost a loved one because of a medical practitioner’s negligence, you can seek compensation through a wrongful death claim.
Why Choose Colling Gilbert Wright & Carter for Your Medical Malpractice Claim?
The attorneys at Colling Gilbert Wright & Carter have more than a century of combined experience and are among the most respected medical malpractice lawyers in Florida. We have built a reputation for excellence in these complex cases. Some factors that set us apart from other firms include:
- We have recovered more than $40 million in verdicts and settlements on behalf of medical malpractice victims.
- Multiple attorneys at our firm have been selected to Super Lawyers as Top-Rated Medical Malpractice Lawyers.
- Partner attorney Ronald Gilbert has more than 35 years of experience handling medical malpractice claims.
Call an Orlando Medical Malpractice Lawyer Today
Colling Gilbert Wright & Carter have achieved unsurpassed results in medical malpractice claims. Our seasoned medical malpractice attorneys have extensive knowledge in these cases and access to medical experts who can help determine the nature and cause of your injuries.
See our verdicts and settlements.
Don’t face your hardships alone. Call (407) 712-7300 today to discuss your case for free with an experienced medical malpractice lawyer at Colling Gilbert Wright & Carter. We proudly serve Orlando, Tampa, Miami, and other areas in Florida.