Can I Sue a Doctor for Negligence?

December 2, 2024

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Why should you know the reasons to sue a doctor for negligence? Because doctors make mistakes just like everyone else. A survey conducted by NORC at the University of Chicago and IHI/NPSF Lucian Leape Institute revealed that 2 out of 5 Americans have either personally experienced a medical error or witnessed a loved one go through one. With each of these errors, more people lose faith in the healthcare system.

Many doctors have medical malpractice insurance which provides coverage in the event that a doctor makes a mistake and harms a patient. If you or a family member has suffered due to a doctor’s negligence, you may be able to file an insurance claim or, if necessary, sue your doctor for negligence.

However, handling this type of claim isn’t going to be easy. You’ll need an experienced and understanding Orlando medical malpractice attorney on your side.

At Colling Gilbert Wright, we have extensive knowledge of the reasons to sue a doctor and the skills and resources to hold negligent doctors, hospitals, and other healthcare providers accountable. Call us at (407) 712-7300 to schedule a FREE case evaluation.

When Can You Sue a Doctor for Negligence?

Doctors have a professional duty to provide their patients with a standard of care that meets accepted medical practices. When they fail to meet that standard—whether through errors in judgment, communication, or action—it can cause severe harm to patients physically, mentally, and financially.

If this is the case for you or a loved one, you may have the right to sue your doctor for negligence. You will have to prove that your medical provider’s actions or inaction directly caused an injury or worsened an existing condition.

Here are some of the most common reasons to sue a doctor for negligence:

Diagnostic Errors

Diagnostic errors occur when a medical provider makes a mistake in identifying or diagnosing a condition. These can occur because of a lack of attention, misinterpretation of results, and other mistakes, and can take multiple forms:

Surgical Errors

Mistakes during surgery can be some of the most alarming forms of medical negligence. Patients entrust themselves to medical providers when they undergo anesthesia. If there is a mistake while they are asleep, it is life-changing and heart-wrenching.

Additionally, surgical errors can result in severe complications, prolonged recovery times, and even permanent disabilities. Some examples include:

Wrong-site or wrong-side surgeries
Wrong procedures
Surgical instruments left inside
Anesthesia administration errors
Errors closing wounds or preventing infection
Failures to monitor after surgery

Emergency Room Negligence

Emergency rooms are exactly as they sound—fast-paced, frantic, and busy. Mistakes made in the ER can be catastrophic. When medical professionals fail to act appropriately in this environment, serious harm can be done. Common examples of ER negligence include:

Failure to order appropriate tests
Misreading or misinterpreting test results
Failure to treat in a timely manner

Medication Errors

Medication errors are an all too common experience for patients. These can occur at the point of prescribing, dispensing, or administering the drug. They often stem from miscommunication or a lack of diligence. Examples can include:

Wrong dosage prescribed
Overdose or underdose of a drug
Failure to ask about or review allergies or other contraindications
Prescribing the wrong drug

Treatment Errors

Errors during treatment occur when a doctor provides care that is improper, insufficient, or unnecessarily delayed. These mistakes can make recovery more difficult or exacerbate an existing condition. Treatment errors can include:

Treatment that deviates from medical standard
Delayed treatment
Improper techniques or tools used during treatment

If you or a loved one experienced complications while receiving medical care (or after seeing a doctor) and you have concerns about any of the above, you should speak with a medical malpractice lawsuit lawyer promptly. An experienced attorney can review medical records, consult with experts, and provide a comprehensive assessment of your legal rights.

What Is the Most Common Reason To Sue a Doctor?

According to the previously mentioned study, treatment errors are one of the most common reasons to sue a doctor for negligence. We, as patients, rely on our doctors to provide competent, compassionate, and professional care. When errors occur, the trust in that relationship can be shattered. Preventable errors can lead to devastating consequences for victims and their families.

How Can You Prove a Doctor Is Liable for Your Injury?

In order to prove a medical professional’s liability in a medical negligence case, you are required to demonstrate four main elements:

The medical professional owed you a duty of care
They breached that duty
The breach was the cause of your injury
You suffered damages as a result of the injury

Medical providers are obligated to deliver treatment that meets accepted standards of care. When they deviate from these standards—no matter what form that takes—they must be held accountable.

Suing a doctor for negligence is not easy. Medical malpractice insurance companies will go to great lengths to avoid liability, and they will do so without any regard for how their actions impact you and your family.

To file a medical malpractice claim against your doctor, you need evidence of liability. Strong evidence to bolster and prove your claim may include:

Medical Records: Detailed documentation of diagnosis, treatments, complications, and current prognosis.
Expert Testimonies: Medical professionals licensed in the same field as the doctor in question who can explain how the care fell below standard.
Witness Statements: Observations from family, nurses, and/or others who observed the negligence.
Proof of Damage: Medical bills, lost wages, and evidence of emotional trauma and pain.

Do not be surprised at the aggressiveness with which insurance companies will fight a medical negligence claim. Having a compassionate and supportive advocate at this time will be a great asset. An experienced medical malpractice lawyer can guide you, engage an appropriate medical expert on your behalf, negotiate with insurance companies, and much more.

What Damages Can You Recover With a Medical Malpractice Lawsuit?

If you have reasons to sue a doctor, you invariably have damages resulting from their negligence. You may be able to recover compensation for both your economic and non-economic losses. These may include:

Medical expenses for additional treatments, surgeries, rehabilitation, and medications
Lost income due to missed work and reduced earning capacity
Pain and suffering
Loss of enjoyment of life
Loss of consortium
And more

Though money isn’t the answer to the trauma and betrayal you’ve experienced, it can help ease your mind as you heal. Relieving your financial stress can give you a greater capacity to focus on recovery and the future.

How Long Do You Have to Sue a Doctor for Negligence?

Under Florida law, the timeframe to sue a doctor for negligence is governed by two legal concepts: the statute of limitations and the statute of repose. Per Florida’s statute of limitations, you have 2 years from the date you discovered (or should have discovered) the medical provider’s negligence to file a medical malpractice lawsuit.

The statute of repose, however, sets a more finite deadline for a lawsuit. You have a maximum of 4 years from the date of the negligent act to file a claim, regardless of at which point you discover it.

There are exceptions to the statute of repose. If the delay in discovery is due to fraud, concealment, or misrepresentation on the part of the medical provider, the deadline may be extended to 7 years. Special rules also apply in cases of minors or incapacitated patients.

If you fail to file your lawsuit within these timeframes, you will most likely be barred from pursuing compensation. We say it often because we mean it—acting quickly is important to protecting your rights and having your voice heard.

Do You Need a Medical Malpractice Lawsuit Lawyer?

Medical malpractice cases are challenging for so many reasons. While dealing with your own pain and bewilderment, copious amounts of evidence and a thorough investigation will be necessary, especially when liability is contested. In short, consulting with an experienced and knowledgeable medical malpractice attorney is a must.

From negotiating settlements and representing you in court to answering your questions and guiding you through the legal process, having a lawyer by your side significantly improves your chances of securing just compensation. At Colling Gilbert Wright, our compassionate team understands how overwhelming this is. We are dedicated to providing you with the support and guidance you need to get through this.

Contact an Orlando Medical Malpractice Lawyer Today

Understanding the reasons to sue a doctor for negligence is important to gauge whether a medical error warrants further action. However, when in doubt, it is always best to err on the side of vigilance and consult a medical malpractice attorney.

If you or a loved one has suffered harm due to a doctor’s negligence, schedule a FREE consultation with Colling Gilbert Wright. We are proud to fight for justice for our neighbors in Orlando and throughout Florida. Contact us today.