Patients assume that their doctors, nurses, surgeons, and pharmacists are highly trained, capable, and ethical. While this is often the case, medical malpractice is alarmingly common. When medical professionals are negligent in their duties, patients can suffer severe consequences.
With three locations in Titusville, Cocoa, and Melbourne, FL, our medical malpractice attorneys at Charpentier Law Firm can help victims and their families when negligence on the part of a medical professional results in injury. If you believe you have suffered due to the negligent actions of a medical professional or health care institution, contact our office online or call (321) 631-5446 today to schedule a free case review.
Medical Malpractice Attorneys Protecting Your Rights
At Charpentier Law Firm, P.A., our medical malpractice attorneys work tirelessly to hold negligent medical professionals accountable for their actions.
What Is Medical Malpractice?
Medical malpractice occurs when negligent actions by a hospital or healthcare professional result in injury to a patient. Errors can result from a number of factors, including caregivers being under-trained, under-assisted, or over-tired. In other cases, medical professionals simply exercise poor judgment.
Requirements for a Medical Malpractice Suit
In order to wage a successful medical malpractice case, your attorney must gather evidence to prove you received care from a certain individual or healthcare facility, and that:
- A violation of the standard of care occurred. The law acknowledges that patients have the right to expect a certain level of medical care. This level is known as the standard of care, and a violation of this standard can be considered negligence.
- Your injury was directly caused by negligence. For a valid medical malpractice claim, you must establish a direct connection between your injury and the negligent actions of the healthcare provider. An unfavorable outcome alone is not considered negligence.
- The injury resulted in significant losses. For a case to be viable, you must demonstrate that negligence caused you physical, financial, or emotional harm.
Why Do I Need a Lawyer?
Medicine is a highly technical field that requires many years of specialized training. If you believe that negligence on the part of a medical professional resulted in injury and other losses to you or someone you love, it can be virtually impossible to prove your claim without an extensive knowledge of the field. This is especially true if you are simultaneously struggling to overcome losses that have resulted from medical malpractice.
Our attorneys have helped many victims of medical malpractice collect the compensation they desperately need in order to rebuild their lives. The team of attorneys at Charpentier Law works with healthcare professionals who can help evaluate the strength of your case and identify any negligence that contributed to your losses. We will conduct an in-depth investigation on your behalf to identify exactly what type of negligence occurred, who acted negligently, and the extent to which these actions have compromised your earning capacity, quality of life, health, and more. Meanwhile, you can concentrate on recovering as we fight for your rights in court.
Common Types of Medical Malpractice
Medical malpractice can take many forms:
While many families anticipate the birth of a child as a joyful event, joy can quickly give way to despair when an infant suffers an injury during the birthing process. When medical negligence occurring immediately before, during, or after a child’s birth causes serious injury or trauma, the medical malpractice attorneys at Charpentier Law Firm can provide aggressive legal representation.
Misdiagnosis or Failure to Diagnose an Illness
The misdiagnosis of a serious medical condition can cause a patient to be subjected to unnecessary medical treatment while actual condition - if one is affecting the patient - grows worse. Similarly, when a medical professional fails to properly diagnose an illness, patients can suffer adverse effects as a result of a lack of proper treatment. Misdiagnosis and failure to diagnose are both examples of serious medical negligence, and victims should contact the medical malpractice attorneys at our firm to ensure that their best interests are protected in a court of law.
Occasionally, patients who are undergoing a surgical procedure fall victim to a negligent or accidental injury while in the operating room. Our attorneys can investigate your case and determine if you have a basis for a surgical errors lawsuit. We have dealt with many surgical error cases and know exactly what to look for in order to establish liability on the part of surgeons and health care centers.
Budget cuts, poor supervision, or inadequate resources provided by a hospital can have a significant impact on how a doctor, nurse, or staff member makes decisions. These factors can also affect the quality of treatment a patient receives. A hospital error lawsuit can bring these serious issues to light and help prevent similar mistakes from occurring in the future. It can also help victims collect the restitution they need and deserve in order to recover from the repercussions of medical malpractice.
Errors relating to medications can have serious consequences for your health. The wrong dosage or the wrong medication can prolong an illness or cause dangerous side effects. For this reason, pharmacists, nurses, and doctors are held to incredibly high standards. Our team can help you determine the cause of a medication error and pursue the appropriate level of compensation for your injury.
When administered incorrectly, anesthesia can cause lasting and irreversible damage to your health. Anesthesia errors can result in temporary injury or cause permanent disability. In some cases, poorly administered anesthesia can result in wrongful death. If you or a loved one was affected by an anesthesia error, we can work with you to build a strong case against the anesthesiologist and any other responsible parties.
Filing a Medical Malpractice Suit in Florida
A statute of limitations is a deadline established by the courts restricting the time frame in which certain types of cases must be filed. To pursue a medical malpractice case in Florida, you must initiate the lawsuit within two years of discovering the injury or four years from the time at which the malpractice occurred. The only exception to the medical malpractice statute of limitations is in the case that the care provider purposefully concealed the malpractice to prevent you from discovering the incident. In these cases, the statute of limitations is extended to two years from the discovery of the injury or seven years from the time at which the malpractice occurred.
Medical malpractice and medical negligence are all too common. The attorneys at Charpentier Law Firm are dedicated to holding negligent medical professionals accountable for their actions.
While no amount of money can compensate patients for their compromised health and the trust that has been breached, compensation for damages such as pain and suffering, medical bills, and lost wages can help ensure that victims receive proper care for the rest of their lives. In some cases, if a health care provider acted irresponsibly, the court may also require that he or she pay punitive damages, which are intended as a form of punishment against the negligent party.
Book a Free Case Review
When a medical professional fails to meet the proper standard of care, patients suffer the consequences. Medical malpractice and medical negligence are all too common. The attorneys at Charpentier Law Firm are dedicated to holding negligent medical professionals accountable for their actions. If you or someone you love has been the victim of medical malpractice or negligence, contact our attorneys online or call us at (321) 631-5446 to book your free case review.