Improper treatment is a form of medical malpractice which involves a patient’s condition being mishandled by medical professionals. This may involve providing incorrect treatments for a specific condition, treatments which carry unnecessary risk, or using unapproved procedures as a treatment option.
When someone suffers an injury resulting from improper treatment, it’s important to seek legal advice as soon as possible because Florida medical malpractice claims are subject to strict filing deadlines, and the applicable deadline can depend on the circumstances of the case.
Improper Treatment – Do I Have a Case?
In order to determine if you have a valid legal claim against a medical professional, several elements must be present in your potential case.
1. A healthcare provider owed you a duty of care
A medical malpractice claim generally requires establishing that a healthcare provider owed the patient a professional duty of care. This duty typically arises from the provider-patient relationship when the healthcare provider undertakes to evaluate, diagnose, or treat the patient.
2. There was a violation of the standard of care
The law recognizes that medical entities have a standard of acceptable treatment under like or similar circumstances. The legal term is the “standard of care”.
Patients have the right to expect care within these standards. Malpractice may be proven if evidence shows that the standard of care was not met.
3. An injury resulted from negligence
A violation of the standard of care alone is not enough to establish medical malpractice. The patient must also show that the healthcare provider’s negligence caused or contributed to the injury for which compensation is being sought.
4. The Injury Caused Significant Damages
A medical malpractice claim also requires proof that the injury resulted in legally recognized damages. Depending on the circumstances, these damages may include:
- Medical expenses
- Future medical care
- Lost income or reduced earning capacity
- Disability
- Pain and suffering
- Other losses caused by the injury
The amount and type of damages available depend on the nature and severity of the injury and its impact on the patient’s life.
Common Medical Malpractice Lawsuits
There are several common reasons that people sue for malpractice.
Failure to diagnose – A claim may arise when a reasonably competent healthcare provider under similar circumstances would have made the correct diagnosis or ordered additional testing, and the failure to do so caused the patient harm.
Improper treatment – A claim may arise when a healthcare provider chooses an inappropriate treatment, administers an otherwise appropriate treatment incorrectly, or fails to modify treatment when the patient’s condition requires it, resulting in injury.
Failure to Obtain Informed Consent – Healthcare providers may have a duty to disclose material information about a proposed treatment or procedure, including significant risks, potential benefits, and reasonable alternatives. A lack of informed consent may become an issue when a patient was not given information that a reasonable person would consider important in deciding whether to proceed with treatment.
Whether a claim exists depends on the specific facts, including what information was disclosed, the nature of the treatment, the risks involved, and whether the patient would have made a different decision if properly informed.
Why Hire Di Pietro Partners for an Improper Treatment Case?
Medical and Legal Insight
Di Pietro Partners works alongside a quadruple board-certified physician when evaluating medical malpractice matters. This combination of medical and legal insight can be especially valuable when determining whether a treatment decision fell below the applicable standard of care and caused a patient harm.
Extensive Healthcare Experience
Managing Partner David Di Pietro has extensive experience with healthcare-related legal matters and previously served as Chairman of Broward Health, one of Florida’s largest public healthcare systems.
Experienced Trial Attorneys
Improper treatment cases can involve complex medical records, competing opinions about appropriate treatment, and testimony from medical experts. Our attorneys have substantial litigation and courtroom experience and are prepared to pursue a case through trial when necessary.
No Fee Unless We Recover Compensation
Di Pietro Partners handles medical malpractice cases on a contingency fee basis. Clients pay no attorney’s fees unless we recover compensation on their behalf.
Speak With a Florida Medical Malpractice Attorney About Improper Treatment
If you believe improper medical treatment caused you or a loved one serious harm, determining whether malpractice occurred may require a careful review of the medical records, treatment decisions, and whether the care provided met the applicable standard of care.
Di Pietro Partners represents medical malpractice victims throughout Florida, as well as out-of-state clients whose medical injury occurred within the State of Florida. Our team works alongside a quadruple board-certified physician when evaluating medical malpractice matters, helping us assess both the medical and legal issues involved in improper treatment claims.
Contact Di Pietro Partners for a free and confidential case evaluation. There are no attorney’s fees unless we recover compensation on your behalf.