Aronberg, Aronberg & Green, Medical Malpractice cases

Jan. 13th, 2012   /   , ,

Do you have a medical malpractice case?  Maybe.  We want to provide you with some information relating to the issue of medical malpractice litigation so that you can have a well-informed approach to the question of whether or not you have a valid claim.  There’s no simple chart of types of medical issues which can be labeled as “good” or “bad” in terms of eligibility for a medical malpractice claim.  Every incident, just like every person, is unique and different from the one before it and the one that will follow it. 

Let’s start by understanding what medical malpractice is:  it’s pretty much just an issue of negligence on the part of a medical professional (or some other healthcare provider such as a home-aid nurse). This can range from improperly bandaging a gash in your leg to operating on the wrong side of your rib-cage.

Because doctors can improve lives so drastically, their instruments also have the ability to level damaging (and even fatal) blows to their patients if misused (whether intentionally or not).  Medical malpractice judgments are entered when it is proven that a medical professional had failed to maintain what is called a “standard of care” that is something that is both legally recognized and expected of someone in their position.  This “duty of care” is one that is bestowed upon someone who is in the position where they are responsible for the well-being of another.  Just like a store owner must meet a standard of care for the customers who walk down the aisles of the store, a doctor must maintain a standard of care for the patients who are in his or her care.

Because a great deal of a doctor’s work pertains to that which the eye can’t see – i.e. body parts underneath the skin – you might not realize that something has gone wrong until well after the time of incident.  For example, if you have surgery in January, you might not start feeling the effects of a medical error during that surgery until a few months after the fact.  That is whyFlorida law says that you have two years from the time that you realized (or should have realized) that you have sustained an injury due to the malpractice (wrongdoing) of a medical professional. 

So, let’s look at the above example: if you have a surgery in January, and then you realize in April that the doctor screwed up, you have until two years from that day in April to settle the claim, file a lawsuit, or kiss any chance of compensation goodbye.  Be aware that the statute of limitations varies for children and is reliant on when the student becomes a legal adult.  This time frame is known as the “statute of limitations” and it applies to all cases in which a lawsuit might be filed.  Being aware of the statute of limitations that applies to your situation is a key component of making sure you take the right steps in an often tricky journey.

In order to pursue a medical malpractice claim, it’s imperative that you contact an attorney such as one at the Law Offices of Aronberg and Aronberg; we’ve handled many medical malpractice cases and have become attuned to the intricacies of the process.  Proving negligence can be a difficult thing to do, and an attorney who has handled medical malpractice cases is fully aware of how to go about proving whether your medical provider was negligent. 

Clearly, the issue of medical malpractice is a confusing one.  For more free information, please contact us at 561-266-9191 or email us at daronberg@aronberglaw.com.

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