At Zervos & Calta, PLLC, our law firm represents victims of medical malpractice by bringing claims against professionals in the health care industry including hospitals, nursing homes, dentists, and doctors, where mistakes or negligence have potentially caused an injury, worsening of an illness, or the death of a family member. Medical mistakes disable or kill tens of thousands Americans each year and many more cases often go unreported. Most of these mistakes are preventable.
What is Medical Malpractice?
Medical malpractice is generally considered to occur when a certain standard of care has not been met by a health care provider, so that the patient suffers injury or death.
What Does “Standard of Care” Mean?
“Standard of care” is not a medical term, but rather a legal term generally used by a medical malpractice lawyer, not by doctors. It refers to the standards or customary care that the average doctor would provide under the same circumstances. In Florida, an expert is needed to state what the standard of care is and whether it has been breached.
Most medical malpractice claims involve the health care provider – doctor, dentist, nurse, staff member – and the facility where they work. However, any health care provider can be named in a medical malpractice lawsuit if they breach the normal standard of care and a patient under their care is injured as a result. Most common types of health care providers named in malpractice suits include:
- Physical therapists
Any patient who has been a victim of medical malpractice by a medical provider has the right to file a claim. Parents may file a claim for their child if the patient is a minor, and in the case of a death due to medical malpractice, the patient’s children or spouse have the right to bring a malpractice or wrongful death claim against the provider.
At Zervos & Calta, PLLC, we can help determine if you have grounds for a valid medical malpractice claim or if a different type of claim should be filed against a non-medical professional. For example, if you were implanted with a defective medical device that caused problems, or you were prescribed an incorrect prescription drug or dosage that caused injury or worsening of an illness, a product liability lawsuit would be better suited than a medical malpractice claim.
What Constitutes a Medical Malpractice Claim
When considering whether there is merit to a malpractice claim, an experienced medical malpractice lawyer at Zervos & Calta, PLLC will evaluate whether the person involved suffered permanent or serious injury as a direct result of inappropriate or substandard care provided by health care providers, a medical expert, or a medical facility. A few examples of inappropriate or substandard care include:
- Sponge being left inside a person during surgery
- Wrong part of the body being operated on
- Incorrect drug being prescribed or given to the patient
- Any birth injury or brain injury caused by negligence
- Failure to diagnose a fatal disease
- Operations that are unnecessary
- Defective product or implant
- Problems with cosmetic implants
- Nursing home abuse
- hospital negligence
In addition to the list above, administering too much anesthesia, failure to do something deemed medically necessary, or performing a procedure improperly are all types of negligence. Surgery on the wrong part of the body, leaving objects inside the patient, errors in medication, and failing to correctly diagnose a potentially fatal illness are all considered to be medical malpractice.
If you think that you or your loved one has suffered medical trauma as a result of malpractice, our medical malpractice attorney is available to talk with you about the case at no charge.
Common Examples of Medical Malpractice
- Surgical injuries
- Medication errors
- Failure to diagnose or treat timely
- Anesthesia errors
- Surgical errors
- Labor and delivery
- Emergency room malpractice