Medical errors are more common than you might expect. When a healthcare provider’s carelessness or lack of attention causes you a significant injury or leads to the death of someone you love, you can work with a Kissimmee medical malpractice lawyer to take legal action.
Our skilled personal injury attorneys at Colling Gilbert Wright could help you bring a medical malpractice lawsuit. Our team has a well-deserved reputation for handling these cases skillfully and achieving exceptional results. Many of our clients come to us on the recommendation of other attorneys and healthcare professionals who have confidence in our ethics, capabilities, and professionalism.
Distinguishing Error From Malpractice
A poor medical outcome does not necessarily mean that a health care provider committed malpractice. To obtain compensation for medical malpractice, you must prove that a health care professional did not provide a reasonable quality of care compared to other providers in the area with similar training and experience.
According to Florida Statutes § 766.102, the standard of care refers to the knowledge, judgment, and skill the health care provider used when treating you, not the result. In addition, even when a health care practitioner uses poor judgment or makes a clear error, you cannot sue them for medical malpractice unless they caused actual harm.
If you or your family member suffered severe consequences due to incompetent medical care or if a loved one died as a result of malpractice, you have the right to hold the provider accountable. Despite the challenges of proving medical malpractice, our lawyers at The Florida Firm in Kissimmee have achieved numerous multimillion-dollar settlements and verdicts against healthcare providers for surgical errors, failure to diagnose cancer, birth injuries, and wrongful death.
Understanding Time Limits
A two-year statute of limitations applies to medical malpractice cases. Adults must file a lawsuit within two years of the incident that caused them harm. If you were seeing a provider on an ongoing basis, the clock starts ticking on the date of your last appointment.
Sometimes you may not be aware that malpractice occurred until later. For example, if a doctor was treating you for an ulcer and another physician later diagnosed you with stomach cancer, you would not know that your original doctor provided substandard care until you received your cancer diagnosis.
In cases such as these, the law says the clock starts when you learn of the malpractice or should have learned of it. However, you cannot bring a lawsuit if more than four years have passed since the malpractice occurred. Speak with one of our Kissimmee attorneys immediately when there has been a delay between medical treatment and learning that malpractice occurred.
Deadlines When a Child Is Injured
Pediatric malpractice can leave a child with devastating injuries that limit their future. When medical malpractice harms your child, you can bring a lawsuit on their behalf.
The statute of limitations for pediatric malpractice is the same as for adults. There is an exception for birth injuries that allows the parents of a child injured at birth to bring a lawsuit up until the child’s 8th birthday. However, the parents must demonstrate that they could not reasonably have been expected to learn of the injury or that it was caused by malpractice earlier.
Damages Available in Medical Malpractice Cases
When you bring a claim for medical malpractice, you are entitled to recover your financial losses. The health care provider or institution must pay for your medical care, including rehabilitation costs, lost wages, future income if you cannot return to work, and incidental expenses. There is no limit on these economic damages, but you must present documentation proving your losses.
You could also be entitled to payment for intangible losses such as pain, disfigurement, lost opportunities, emotional trauma, and other impacts on your quality of life. In most cases, your non-economic damages are capped at $500,000. However, a judge may make a higher award when justice requires it, and our Kissimmee lawyers could make a persuasive case for the maximum possible damages in every medical malpractice case.
Consult Our Kissimmee Attorneys To Discuss Your Medical Malpractice Claim
A medical error can lead to permanent damage. Bringing a medical malpractice lawsuit provides compensation for you and forces the institution and practitioner to be held accountable. Each Kissimmee medical malpractice lawyer at Colling Gilbert Wright is an effective advocate for injured patients with an impressive track record. Reach out to us today to discuss your medical malpractice case.