When it comes time for a necessary medical procedure or surgery, most have some jitters about the outcome. Patients may quickly run through the mental checklist of “what if” scenarios. Although this isn’t helpful, it is human nature. Fortunately, most procedures, surgeries, and medical treatments are performed flawlessly. But what happens when they aren’t? Is it medical malpractice or an unavoidable complication?
Southern Florida patients who feel they may have been the victim of medical malpractice can consult with a Miami medical malpractice attorney to learn if they are entitled to compensation. An experienced personal injury attorney can help you to solve the mystery of your unfortunate medical outcome.
What Is Medical Negligence?
Physicians pledge not to harm. However, there are occasions when they do more harm than good. Sometimes it’s due to medical neglect, while other times, it’s due to an unavoidable complication. There can be a fine line between the two, and it’s pertinent to discover which side of the line your situation is in.
The Florida Medical Malpractice Act gives patients the right to seek compensation for damages caused by a negligent healthcare professional. Florida’s statute of limitations for medical malpractice is 2 years, so it’s important to speak to a personal injury lawyer as soon as you suspect medical negligence.
Medical negligence occurs when a healthcare professional such as your doctor or surgeon doesn’t follow the expected standard of care that other similarly trained professionals would have done. However, to file a personal injury lawsuit in Florida, the patient must have been harmed due to the medical expert’s negligence.
Examples of medical negligence can include:
- A misdiagnosis that causes harm due to an incorrect treatment plan
- Delayed diagnosis
- Failure to obtain informed consent
- Incorrectly prescribed medication
- Medication dosing errors
- Failure to order tests due to patient’s insurance status
- Surgery mistakes
- Medical devices left in patients after surgery
Unavoidable Medical Complications
There can be times when your doctor or surgeon, due to no fault of their own, has found themselves facing an unavoidable medical complication. Situations like these are not considered negligence or malpractice and are, unfortunately, a part of modern healthcare.
Not getting the expected medical procedure or treatment result isn’t medical malpractice. Suppose the aftereffects of surgery typically come with a reasonable amount of pain or lack of mobility. In that case, this is a part of the process, and your medical professional has done nothing wrong. If a procedure or treatment is likely to produce the desired healthcare benefit but fails to provide the expected results, this is also of no fault to your doctor.
There are no guarantees that an illness or condition can be treated successfully. With so many variables, each patient’s success rate must be taken case by case. If your doctor or surgeon has followed the acceptable level of care expected if your condition worsens, it is no fault of their own.
Sometimes during even the most common and routine of treatments, procedures, and surgeries, things don’t go as expected. Again, too many variables are involved, and unexpected or unavoidable complications can occur. A medical tragedy doesn’t equal negligence or medical mistakes. Complications can sometimes be the patient’s fault by not fully disclosing their medical history, illicit drug use, etc.
What To Do if You Suspect Medical Malpractice
Florida patients who suspect they’ve received inadequate medical treatment and have experienced worsening or new medical ailments should contact an experienced medical malpractice attorney. They’ll need to provide a detailed history of what occurred by obtaining your medical records.
Medical Malpractice or Bad Outcome: The Bottom Line
There’s a world of difference between a medical mistake and bad luck. Not everything in the medical world is a guarantee, and sometimes patients end up on the losing side of the odds. For as advanced as the medical field has become, sometimes complications occur that are completely out of their hands. As long as your medical team follows generally accepted treatment plans and protocols, they’ve done all they can not to harm.
Since the line between a mistake and an unavoidable situation can be blurred, you’ll need to speak to a medical malpractice attorney to see if your unfortunate medical situation is deemed a negligent act. If so, you can seek compensation for your injuries.
The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.
