Tuesday, November 17, 2009

Medical Malpractices - Is it Due to Negligence or Human Error?

What is medical Malpractice?

Medical Malpractice occurs when a doctor has failed to take an appropriate action or if he fails to diagnose any proven medical condition or may be even for unreasonably delaying a procedure. Malpractice laws vary from state to state. Various malpractices occur in the field of medicine in Florida. The Medical Profession is one of the most respected in the society. The services rendered by physicians help millions of people around the world. So, care has to be taken while filing any lawsuit against such professionals. Florida Malpractice lawyers will take up the case if the medical practitioner is found to be guilty.

Are you a victim of medical malpractice?

Anybody who has experienced any similar situation as follows is a victim of medical malpractice in Florida. One particular kind of malpractice is that of "informed consent". Let us see it in detail with an example. If some thing happens to the patient while a doctor performs some procedure for which he fails to get the patients' informed consent then the doctor is liable for a malpractice suit. The patient could have been informed of the risks involved, in which case he would have opted out of undergoing such a complex procedure. If a doctor is unable to find out the disease then it would be better to suggest a second opinion.

Medical Error without Harm is yet another kind of malpractice. The patient cannot claim any damages if there is no error on part of the physician. Take a case of a patient who has stomach pain. The doctor treating the patient misdiagnoses the reason to be appendicitis. But later it is found after a surgery that it is because of a perforated ulcer. In this case the patient cannot sue the doctor because in either case surgery was necessary. In case the reason for the stomach pain happens to be only due to indigestion then the doctor is found to be wrong in his diagnosis. He has to be ready to face a lawsuit then.

How to deal with such cases in Florida?

Florida Malpractice lawyers demand huge fees as these cases are generally expensive to litigate. Also there are always limitations forced by statute. It is advisable to take these cases to lawyers who specialize in medical malpractice. Seeking expert opinions and taking cases to trial would help a lot. There have been many incidents where the cost of litigation will exceed the damage claim amount. It is essential to provide the malpractice lawyers you hire with proof of any sort of records that may help the legal procedure. A lot of time and money needs to be spent.

For more information about Florida Malpractice Lawyer.

Article Source: http://EzineArticles.com/?expert=Aekkapol_Kongvicheinwat

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