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Florida Personal Injury Lawyer > Blog > Medical Malpractice > I Was Harmed During A Medical Procedure: Do I Have A Medical Malpractice Lawsuit?

I Was Harmed During A Medical Procedure: Do I Have A Medical Malpractice Lawsuit?

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Nobody wants to think about a medical procedure resulting in a serious or fatal injury, and no patient in Florida should have to fear that a healthcare provider’s negligence will lead to serious harm. However, medical mistakes happen more often than you would probably like to believe, and patients in Florida are injured routinely. According to Johns Hopkins Medicine, about 10 percent of all deaths in the U.S. result from medical errors, which equates to more than 250,000 fatalities. Even more people suffer harm from healthcare provider negligence. If your medical procedure resulted in harm, do you automatically have a medical malpractice lawsuit?

Generally speaking, many incidents of harm resulting from medical procedures or treatments are caused by medical malpractice. However, not all unwanted outcomes or adverse outcomes are due to medical negligence. How can you know if your injury resulted from medical malpractice? The best way to answer this question is to have an experienced West Palm Beach medical malpractice lawyer evaluate your case. In the meantime, however, we have some tips and information to help you understand when a patient may be eligible to file a medical malpractice lawsuit and obtain damages.

Did the Procedure Come with Known Risks? 

Some types of medical procedures are dangerous and risky, and an unwanted outcome, or an injury resulting from the procedure, might not necessarily have resulted from malpractice. For example, open heart surgery or brain surgery often comes with serious risks, and even when a surgeon exercises exceptional care, the patient can still be harmed or sustain fatal injuries during the procedure. Even some elective surgeries can come with significant risks.

While a doctor can ask a patient to acknowledge certain risks before a procedure and will not necessarily be liable for certain types of harm that occur, it is critical to keep in mind that a patient cannot accept risks associated with negligence. If a doctor’s negligence causes an injury, the doctor can be liable.

Would Another Healthcare Provider Have Acted Differently Under Similar Circumstances? 

In order to win a medical malpractice lawsuit, an injured patient needs to be able to prove that the healthcare provider was negligent. To show that a healthcare provider was negligent, a patient usually needs to show that another healthcare provider would have behaved differently under similar circumstances. In other words, you will need to show that another healthcare provider would believe your doctor failed to act reasonably under the circumstances and breached the duty of care that she or he owed you.

Has the Statute of Limitations Run Out on Your Claim? 

While the statute of limitations does not affect whether or not your healthcare provider’s negligence caused or contributed to your injuries, you will only be able to obtain compensation if your claim is not time-barred. Under Florida law, medical malpractice lawsuits must be filed within two years from the date that the patient discovered, or reasonably should have discovered the harm.

Contact a Medical Malpractice Attorney in West Palm Beach 

Do you need a Florida medical malpractice lawyer to evaluate your case? Our firm can help. Contact Lesser Lesser Landy & Smith PLLC for more information about how we can assist you with your medical negligence claim.

Resources:

flsenate.gov/Laws/Statutes/2018/95.11

hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

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