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When someone goes to a doctor’s office or undergoes a surgical procedure, they expect that they will get the care they need and will leave feeling better. While this is often the case, for some, a misinformed prescription or a botched surgery can lead to more health complications. In extreme cases, these mistakes by medical practitioners can even lead to wrongful death.

In the unfortunate event that a person suffers further injury or illness because of the egregious error of a health care provider, it is importance that the victim consults an experienced personal injury attorney to determine if it is possible to get compensation for the resulting damages. Medical malpractice lawsuits can be complex, which is why it is vital to have an attorney who is experienced in these types of cases.

A Kinston medical malpractice lawyer has the expertise to guide you or a loved one who may have been the victim of an ill-trained or unfit medical practitioner to reach the settlement you deserve for your pain and suffering.

Medical Malpractice Laws

Chapter 766 of the Statutes of the Florida Legislature details the laws surrounding medical malpractice lawsuits if an individual suffers personal injury or death while in the care of a health care provider. These laws have been established to protect patients from negligent medical practitioners, but many requirements in the law also serve to protect health care providers from unfair mass litigation, which is vital to keep them operating.

As a result, the laws place the weight of the evidence gathering on the patient who has suffered an injury or death attributed to a medical practitioner to take legal action against them. The patient’s case hinges on being able to prove that the medical professional failed to provide “the prevailing professional standard of care for that health care provider,” which means that the medical practitioner in question did not have the appropriate response that another provider in the same field would have had under similar circumstances.

Proving this often requires the help of an expert witness who has been trained and who actively practices in the same specialty as the defendant. This requirement alone could prove to be an obstacle for a person who does not have access to contacts in the field who would be willing to serve as an expert witness. A medical malpractice attorney in Kinston would have available resources such as expert witnesses on call.

Causes of Malpractice

It is an unfortunate reality that mistakes and complications happen regularly during medical procedures because surgery and medicine are not easy or straightforward practices. A case will only be considered medical malpractice if a medical practitioner acted in “reckless disregard” for the patient’s safety or if the practitioner was not qualified to do the procedure or diagnosis that caused the injury or even death. The most common cases of medical malpractice include:

  • Misdiagnosis/delayed diagnosis
  • Negligent prenatal care/care during birth
  • Medication dosage/prescription errors
  • Anesthesia mistakes
  • Errors during surgery

It can be discouraging to go to a health care provider to be healed and leave more damaged. Victims can feel anger and even grief after a botched procedure, which is entirely justified.

If there is any indication that the resulting injury, or death, is the result of the negligence of the medical practitioner, it is worth consulting a Kinston medical malpractice lawyer to determine if a case can be made. It is also important to know there is a statute of limitations that caps the period within which a lawsuit can be filed to two years after the incident with a few exceptions.

Benefits of Contacting An Attorney

After a medical procedure or medications go awry, it can be a long and costly recovery period that leaves the victim and their family scarred emotionally. Losing trust in medical practitioners is a repercussion that can have lasting effects on the victim, and the associated costs of dealing with the aftermath can be equally painful.

If you think you may be the victim of a malpractice case, contact a Kinston medical malpractice lawyer who can guide you to a settlement that brings the provider to justice and offers you the compensation you deserve.