At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the confusion and distress that can accompany disappointing surgical outcomes. It’s important for patients to recognize the distinction between medical malpractice and unfortunate yet common surgical outcomes. This guide provides insight into what legally constitutes medical malpractice and outlines steps for those who believe they have experienced negligent care.
If you think you have a case, call our skilled West Palm Beach medical malpractice lawyers at (561) 655-1990 today.
Understanding medical malpractice
Medical malpractice occurs when a healthcare provider deviates from the established standard of care, harming a patient. It is crucial to differentiate between an unfortunate outcome and negligence, as not all unsatisfactory surgical results are due to medical malpractice.
What constitutes malpractice?
To establish a case of medical malpractice related to surgery, you must prove the following:
- Duty of care: The healthcare provider owed a duty to adhere to a standard of care.
- Breach of duty: There was a failure to meet this standard through negligent actions.
- Causation: This breach directly caused harm or injury.
- Damages: The injury resulted in specific damages, such as additional medical costs, lost wages, or pain and suffering.
When dissatisfaction does not equal malpractice
- Normal surgical risks: Surgery inherently carries risks, which should be communicated through informed consent before the operation. While regrettable, complications like infection or adverse reactions to anesthesia do not necessarily indicate negligence.
- Unrealistic expectations: Discontent from unrealistic surgical outcomes or a lack of improvement in pre-existing conditions does not typically qualify as malpractice.
Determining if you have a malpractice case
- Review the informed consent: Check the consent form you signed before surgery. If your outcome falls within the discussed risks, it might not constitute malpractice.
- Seek a second opinion: Obtain an evaluation from another medical professional to determine if your surgeon adhered to the standard of care.
- Collect your medical records: Assemble all relevant documentation for your surgery and subsequent care. These records are vital for assessing the procedure and identifying deviations from standard practices.
Florida statutes on medical malpractice
Florida Statutes Chapter 766 stipulates that patients alleging medical malpractice must prove their care was substandard and directly harmed them. Navigating these legal parameters requires expertise, so consultation with a specialized medical malpractice attorney is essential.
Taking legal action
If your assessments suggest malpractice might have occurred, consider taking these steps:
- Consult a specialized attorney: Connect with a lawyer experienced in medical malpractice, particularly surgical cases. Lytal, Reiter, Smith, Ivey & Fronrath offers expertise in this area.
- Discuss your case: Provide your attorney with all pertinent documentation and details about the surgical process and outcomes.
- Consider the statute of limitations: Florida law mandates that malpractice lawsuits be filed within two years of discovering the incident but no more than four years from the incident date.
Have you been harmed by a doctor or other medical professional? Call us.
Not every unsatisfactory surgical outcome qualifies as medical malpractice. Distinguishing between expected risks and genuine negligence is crucial. If you believe your situation may involve malpractice, obtaining professional legal and medical advice is imperative to protect your rights. Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for guidance and representation in navigating your potential malpractice claim.
