Daytona Beach Medical Malpractice Lawyer
Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. When doctors, staff or equipment fail to reach the standard of care, our Daytona Beach medical malpractice lawyers will work tirelessly to help relieve some of the aftermath.
According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S., right behind heart disease and cancer. In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. The professional responsibilities of doctors and other medical professionals are extremely important. Even a minor mistake on the part of a medical practitioner can have devastating consequences for their patients. As a result, doctor and other medical professionals are held to a much higher standard of care. When this standard of care is not upheld, medical professionals may be held liable for the consequences of their actions.
A malpractice claim exists if a provider’s negligence causes injury or damage to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. If you think you are a victim of a medical malpractice case the first step should be to contact an experienced malpractice attorney. The attorney should give a thorough review of the case details, including everything from securing pertinent medical records to interviews with the patient, family members and friends.
Medical Malpractice Claims
Medical malpractice claims have a statute of limitations. In Florida the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member or guardian) either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice . This definition comes from a combination of the actual statute itself, and multiple Florida case decisions which describe what is necessary for one to have knowledge of the “incident,” which is the language used in the statute.
Florida also has a very harsh rule that goes along with it called the statute of repose. This rule says that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the actual incident of malpractice. So even if the patient or family does not know about the malpractice, they may not bring the claim more than four years after the malpractice occurs under most circumstances.
There are many duties and actions that medical professionals perform and there are also several ways in which one can be affected by medical malpractice. The following are the most common types of medical malpractice:
- Failure to diagnose or misdiagnose
- Anesthesia errors
- Surgical errors
- Defective products
- Prescription drug errors
- Childbirth errors
If you or a loved one has suffered or lost their life because of a mistake made by a medical professional, it is important to understand your rights to pursue compensation for your losses. Our Daytona Beach medical malpractice attorneys work diligently to provide the advice you need to understand your case, the compensation you may be entitled to and the options you have for pursuing justice for your injuries and losses.
Contact Our Experienced Daytona Beach Medical Malpractice Lawyers
Medical malpractice cases are very complicated and expensive to pursue. The Daytona beach medical malpractice lawyers at Bundza & Rodriguez, P.A. understand the complex medical and legal issues associated with medical malpractice cases. With over 100 years of combined experience in handling medical malpractice claims, our lawyers have broad medical experience, including birth injuries, brain injuries, strokes, heart attacks, surgical errors, misdiagnosis, prescription errors, hospital errors and other serious injuries. Contact our office today at 866-785-5470 for a free legal consultation.