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Common Questions Medical Malpractice FAQs

Medical Malpractice FAQs

Orlando & Tallahassee Medical Malpractice Attorneys

Medical malpractice occurs when a patient is harmed as the result of the failure of a health care professional to exercise the same degree of care and skill that another health care professional in the same specialty would exercise under the same circumstances. A patient injured in this way is entitled to compensation. The amount of compensation depends upon the type of injury and the extent of damages.

At Fasig | Brooks, our experienced Tallahassee medical malpractice attorneys can help you determine if you have a case as well as what level of compensation you are due. Below, you’ll find some questions we’re frequently asked. We provide answers to help you become informed. The more know, the better able you will be to decide if you need our expertise. You can also call our offices any time for a free consultation at (850) 583-9409. We serve Orlando, Tallahassee, and all of Florida.

  • Do I Have a Medical Malpractice Case?

    Not every bad outcome is the result of medical malpractice. It’s possible to have a poor outcome even when everyone involved did their job right. Here are some things to consider if you think you have grounds for a medical malpractice case:

    A medical malpractice case is brought against a person or facility that provides negligent medical care.

    There are three elements of any medical malpractice claim:

    • Negligence: A medical professional is negligent when he or she fails to meet the standard of care under the circumstances. (Meaning, he or she did something that no other reasonably careful doctor would do under the circumstances.) The standard of care does not require doctors to do their best, only that they provide minimally acceptable care.
    • Causation: A medical professional can only be held responsible for their negligence if it is “more likely than not,” (probably, not just possibly) what caused the injuries.
    • Damages: These are the injuries caused by medical negligence, and may include permanent disability or death, loss of income, emotional distress, and pain and suffering.

    In order to bring a medical malpractice claim, Negligence and Causation must be determined by medical experts of the same specialty as the negligent professional after reviewing the patient’s medical records. For this reason, these cases can be very expensive and time-consuming for our firm and very personally invasive for the patient. We do not recommend these cases unless the damages are substantial enough to outweigh these costs and risks.

  • How long do I have to file a medical malpractice lawsuit?

    The statute of limitations for medical malpractice actions varies from state to state. In Florida, an injured patient typically has two years from the date that he or she knew or should have reasonably known that his or her injuries may have resulted from substandard care.

  • I signed a consent form when I saw my doctor/surgeon. Does this mean I waived my right to sue?

    Even if you filled out and signed a consent form prior to receiving treatment or undergoing surgery, this does not mean that you agreed for your doctor to commit malpractice. Consent forms are used to show that you have been informed of and are aware of the risks associated with a procedure. It does not mean that a doctor has the right to provide substandard treatment or care.

  • What types of “errors” constitute medical malpractice?

    With medical malpractice claims, an error or mistake must be of such significance that it not only caused serious injury to a patient, but it must be shown that no other doctor/physician in the same field with the same training would have made a similar error in the same circumstances. What you need to prove with a medical malpractice case is that the doctor or physician failed to provide standard care. The mistake or error must be a clear violation of standard care.

    Get more answers from a Tallahassee medical malpractice lawyer at Fasig | Brooks. Call (850) 583-9409 today!

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