Medical Malpractice: Know Your Rights

Medical malpractice occurs when a person is injured as a result of a doctor's negligent actions or his failure to take appropriate action in your treatment. If the doctor's negligence results in the death of a patient, it becomes a wrongful death claim.

Medical malpractice claims can be filed for many different reasons. Some of the most common causes of medical malpractice include:

· Failure to diagnose cancer

· Failure to diagnose stroke

· Failure to diagnose heart attack

· Birth injuries

· Delayed diagnosis

· Surgical error

· Emergency room error

· Prescribing the wrong medication

· Anesthesia overdose

· Obstetrical malpractice

Who can be Held Liable in Medical Malpractice Claims?

Anyone who is responsible for the injuries caused to you during medical treatment can be held liable in a medical malpractice claim. This includes:

· Doctors

· Hospitals

· Nurses

· Anesthesiologists

· Health clinics

· Paramedics

Hospitals may be held liable for the negligence of their employees if the staff member was acting within the capacity of his employment when the mistake was made. This is called the doctrine of 'respondeat superior.'

Damages

Most states have imposed limits on the amount of money that can be recovered in a medical malpractice lawsuit. There is also a time limit for filing your claim. This is generally two years, but it varies by state. Therefore, it is important to hire a medical malpractice lawyer who knows all of the specific laws governing these claims in your state.

In a medical malpractice claim, you can recover damages to compensate you for pain and suffering, medical expenses, and lost wages. If a doctor's actions are particularly reckless, punitive damages may be awarded as well.

Proving Fault

In order to win a medical malpractice case, you need to prove that the medical professional's treatment was negligent and that this negligence was responsible for your injuries. You must demonstrate:

· The existence of an obligation owed by the medical professional to you

· The medical professional failed to meet the basic standard of care for your treatment, causing a breach of his obligation to you

· The failure to meet basic standards of care resulted in injuries that you never otherwise would have sustained

It will be your responsibility to prove in court that the doctor's performance failed to meet the common standard for medical care and treatment. In order to accomplish this, you will most likely need the testimony of an expert witness who practices the same area of medicine.

Informed Consent

Your doctor is required by law to tell you all of the potential benefits and risks for a course of treatment. He must also advise you of all of the different treatment options available to you. Your doctor is not allowed to carry out a procedure without your consent. If you don't approve a treatment method or if your doctor fails to inform you of all the risks involved or other options available, he can be found guilty of malpractice under the principle of 'informed consent.'

If you have been the victim of medical malpractice in the Orlando, Florida area, please contact the law offices of Colling, Gilbert, Wright & Carter today to schedule an initial consultation.

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