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Bagen Law Blog

What is Medical Malpractice?

Posted by Steven A. Bagen

Jul 13, 2020 2:41:00 PM

gavel and stethoscope intertwined together

We go to doctors because we trust they will provide us with the best care possible to improve situations that may threaten our lives or our well-being. Even a simple medical mistake can have far-reaching consequences in how we live and what we do to take care of ourselves. Larger procedures can be frightening, but we undergo them because we believe they will ultimately improve our quality of life.

As patients, medical malpractice is always in the backs of our minds during interactions with medical professionals. Doctors are human and can make mistakes. Some carelessly deviate from the standard of care, believing their own ideas more correct than proven procedures. When this happens, we are entitled to compensation to make up for the harm these errors cause. But what is medical malpractice, and when should we talk to an attorney about our case?

Medical Malpractice – What It Is

When a doctor treats a patient, he follows what is called a “standard of care.” This is, in essence, the steps a reasonably prudent medical practitioner would do in the situation. If a doctor or other medical personnel does not follow this expected standard of care, they can be considered negligent in how they cared for their patient.

Should this negligence cause harm, this can be considered medical malpractice. In some cases, doctors at a follow up appointment may inform their patients that they have experienced malpractice at the hands of another provider. Your doctor may even admit that they themselves have made a mistake. It should be noted that a bad outcome doesn’t necessarily mean malpractice has occurred.

Some examples of malpractice cases include: birth injuries, misdiagnosis, medication errors, failure to diagnose, dental malpractice, surgical errors, emergency room malpractice, plastic surgery malpractice, and wrongful death.

When to Contact a Medical Malpractice Attorney

If you believe you have been the victim of medical malpractice, it is vital to contact an attorney as soon as possible. Each state has its own statute of limitations regarding these cases. In Florida the statute of limitations is 2 years. This can be extended to 4 years in cases where the doctor’s error was not immediately detectable. 

Accurate information and records are also beneficial in examining your case, because proving a medical mistake will require a great deal of proof and information for a successful outcome, so it is absolutely vital that you hold onto any and all records and documents. Medical malpractice cases are highly complex and can become expensive to prosecute in terms of both money and stress. They also take a great deal of time from inception to ruling. Having an experienced attorney who understands the system is crucial to seeing these rare cases through to a favorable resolution. 

Speak to Experience – Steven A. Bagen & Associates Know Medical Malpractice

If you believe you have been the victim of medical malpractice, we are happy to offer a free consultation. Contact Steven A. Bagen & Associates today!

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Topics: Medical Malpractice