Daytona Beach, FL—Doctors and hospitals are protected from certain types of lawsuits, although if they deviate from the standard level of care, they are then at risk of being taken to court. Deviating from the standard level of care means a doctor or other type of medical professional made a mistake while rendering care or giving medical advice, something that would not have happened had the patient sought care or advice from somewhere else.
For example, if an individual underwent a routine surgical procedure and suffered complications after, a doctor may not be held liable if the complications were something the patient was aware could happen. But, if the doctor made an incision in the wrong place or neglected to provide the patient with the care they required following the surgery and they suffered an injury, then the patient could sue and potentially recover damages.
Filing a Medical Malpractice Lawsuit
Filing a medical malpractice lawsuit in Florida takes time and patience, and not everyone is up for the challenge. However, if an individual was injured or suffered from medical complications as a result of a doctor or other health care professional’s mistakes, they should explore whether filing a medical malpractice lawsuit would be in their best interest.
Generally, an individual should consider filing a medical malpractice lawsuit if:
- They had to undergo another medical procedure to correct the error or treat their condition.
Not only might this cost the individual more money and result in them having to take time off from work, but it may also be painful for them to have to go through yet another medical procedure. In this type of situation, an individual could seek compensation for medical expenses, pain and suffering, lost wages, mental anguish, and more. In the event a patient’s health insurance carrier covered all of their medical costs, they can still file suit for the other damages listed above.
- The doctor neglected to inform a patient of the major risks associated with the procedure.
Before a doctor performs a medical procedure, they are expected to inform a patient of the major risks associated with it. This way, the patient is well informed and can consent to it. If a medical professional fails to disclose the risks, they may be at risk of being sued and held financially liable for a person’s injuries.
- The patient is suffering from anxiety, post-traumatic stress disorder (PTSD), or another mental condition as a result of the error.
Even when a patient is able to get the mistake corrected, the entire process might have a psychological effect on them. For instance, an individual might develop a fear of doctors after having gone through a traumatic procedure or they might not be able to resume with their day-to-day duties such as returning to work due to anxiety, depression, or another cause.
Consult with a Medical Malpractice Attorney in Daytona Beach, FL Today
If an individual believes they are a victim of medical malpractice but isn’t sure if they have a case or if they should proceed with a lawsuit, a Daytona Beach, FL medical malpractice lawyer can help them make an informed decision.
The attorneys at Pappas and Russell, P.A. will gladly help an individual understand their legal rights and assist them with filing suit should they choose to do so.
Pappas and Russell, P.A. is located at:
213 Silver Beach Avenue
Daytona Beach, FL 32118