Florida Medical Malpractice Lawyer

Furdock Law > Medical Malpractice Attorney in Florida

One of the most important moral and legal obligations for healthcare professionals is to treat patients appropriately. When doctors act irresponsibly or make mistakes in diagnosing, treating, or counseling patients, it is known as medical malpractice or negligence and can result in catastrophic injury.

Medical malpractice claims a great deal of lives, disfigurements, and injuries in Florida each year. Patients have the right to expect physicians, therapists, nurses, and other healthcare providers to provide high-quality care while abiding by established professional standards, even if medicine is not an exact science.

When medical malpractice happens, the person who was affected may pursue legal action to get compensation. To establish liability and recover damages, the patient must show that the healthcare provider deviated from the standard of care that other professionals in the same field would have adhered to in a similar circumstance. In these cases, expert witness testimony is sometimes required to determine the appropriate standard of care and demonstrate the healthcare provider's failure to meet it.in accordance with accepted professional standards.

The harmed patient may be entitled to compensation for their losses if responsibility is established. We at Accident Assistance Now put you in touch with a dedicated Florida medical malpractice attorney that focuses on your particular needs, like cases involving medical negligence. Legal proceedings that hold irresponsible healthcare providers accountable not only bring justice to the victims but also operate as a deterrence, motivating healthcare providers to fulfill their ethical and legal obligations to their patients.

Furthermore, our payment is contingent upon the successful resolution of your case. Schedule your consultation today to explore your options.

WHY YOU NEED AN EXPERIENCED ATTORNEY BY YOUR SIDE?

The distinction between a typical law firm and a comprehensive service provider like Accident Assistance Now lies in our priorities and approach.

While many law firms concentrate on the mechanics of client intake, case resolution, and profit generation, our approach at Furdock Law in Florida is distinctly client-focused. This means from the moment you engage with us, you'll notice a difference. Our seasoned network of Medical Malpractice lawyers in Florida invest time to understand you and your unique situation thoroughly, ensuring we offer unparalleled support and representation at every phase of your case. Our commitment extends beyond individual cases; we're deeply rooted in the Florida community, collaborating with local entities and actively participating in community initiatives.

Beyond our dedication to client and community, our track record speaks volumes. Our network of legal professionals possess the expertise to secure the most favorable outcomes in negotiations with insurance companies. Should negotiations not yield a just settlement, they're prepared to escalate matters, pursuing legal action to ensure justice is served.

Your Florida auto accident attorneys are dedicated to seeking the highest possible settlement for you.

If you or a family member need legal representation, one call to Furdock Law can connect you with a skilled attorney. Our deep knowledge of Florida laws, experience with local courts, and extensive contacts with medical professionals set us apart. Depending on your case, we will either work tirelessly to secure a fair settlement for your injuries or, if necessary, take your case to trial to ensure justice is served.

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What Is Medical Malpractice? What Are Common Examples?

Medical malpractice occurs when a healthcare provider's negligence leads to injury or death. In Florida, medical malpractice is defined as a lawsuit seeking compensation for harm or death caused by medical services provided by a facility or licensed practitioner. Potential defendants can include hospitals, clinics, medical facilities, nursing homes, and their employees.

Medical malpractice refers to actions or inactions that a reasonable and prudent medical professional would not have taken under similar circumstances, resulting in patient injury. Various types of medical malpractice include anesthesia errors, birth injuries, failure to diagnose, lack of informed consent, misdiagnosis, prescription errors, and surgical errors.
Common Examples
  • Surgical errors
  • Failure to diagnose cancer and other diseases
  • Doctor and physician errors
  • Inappropriate or negligently performed surgery
  • Emergency room errors
  • Anesthesia injuries/death
  • Birth injuries
  • Shoulder dystocia
  • Erb's palsy/cerebral palsy
  • Fetal acidosis
  • Disfigurement
  • Placenta abruption
  • Inappropriate or dangerous treatment practices
  • Pharmaceutical injuries, medication mistakes, and prescription drug errors
  • Hospital errors

You might have grounds to file a medical malpractice claim in Florida if your doctor, health care provider or hospital failed to fulfill the medical industry standard of care. The standard of care is the degree of patient care that a reasonable and prudent provider would exercise in a given circumstance.

How To Protect Yourself From Medical Errors And Negligence

You can take a few precautions in Florida to safeguard yourself against medical malpractice. It is very beneficial for:
Be Involved in Your Care Plan

If you are seeking medical advice and treatment, don't be afraid to ask questions when you'd like clarification. It helps to be an active decision-maker in your care.

Have Your Health Information Handy

Whenever you are seeking medical treatment, ensure those involved with your care are aware of all your essential health information, including potential allergies or medical conditions, as well as any medications you are currently taking.

Bring a Companion

Whenever you are navigating a complicated health issue, it can help to bring a close friend or family member with you to act as a second set of eyes and ears. They can help ask questions and offer additional insight.

Ask Questions and Voice Your Concerns

It's OK to speak up. For example, it's OK to ask providers treating you if they have washed their hands.

Get a Second Opinion

It never hurts to consult a second physician – two heads are always better than one.

Choose an Expert

If possible, choose to have a procedure at a facility where many patients with your same condition are being treated. These providers will have more experience, and it's less likely something will go wrong.

At Furdock Law, we connect with a dedicated Florida medical malpractice attorney who specializes in your specific needs, including wrongful death cases. We should not be described as a law firm. Our network of legal professionals are fierce advocates for their clients, driven by their relationships and concern for their clients' recovery. Should they ultimately pursue a medical malpractice action in your case, you can rest assured that they will do so with the utmost professionalism and dedication to your well-being.

Statute of Limitations on Medical Malpractice Claims in Florida

The statute of limitations for medical malpractice claims in Florida is generally two years from the date the patient discovered or should have reasonably discovered the injury caused by medical negligence. However, there are some important nuances and exceptions to be aware of:

  1. Statute of Repose: There is an overall limit of four years from the date of the alleged malpractice to file a claim, regardless of when the injury was discovered. This means that even if an injury is not discovered until later, a claim cannot be filed more than four years after the incident occurred.
  2. Exceptions to the Statute of Repose:
  • Fraud Exception: If the healthcare provider fraudulently concealed or misrepresented the malpractice, the deadline may be extended up to seven years from the date of the incident.
  • Minors: For children under 8 years old, a claim can be filed up until the child's 8th birthday, even if it exceeds the normal deadlines.
  1. Discovery Rule: The two-year clock starts running when the patient discovers or should have discovered the injury through due diligence.
  2. Incapacity: If the plaintiff is mentally or physically incapacitated, the statute of limitations may be delayed until they regain capacity.
  3. Foreign Objects: In cases where a foreign object is left inside a patient's body, the statute of limitations may be extended.

It's crucial to note that these time limits are strict, and failing to file within the specified timeframe can result in losing the right to seek compensation. Given the complexities of these rules and the potential exceptions, it's highly advisable to consult with a qualified medical malpractice attorney as soon as possible if you suspect you've been a victim of medical negligence.

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Process of Filing a Medical Malpractice Lawsuit

While every case is different, the majority of medical malpractice-related wrongful death cases generally proceed in the following order:
Investigate Your Case:

The legal team at Furdock Law will investigate your case, assess the extent of the loss, meet with witnesses, and confer with medical professionals in order to prove that you were the victim of medical negligence that resulted in wrongful death.

File the Lawsuit:

Following the investigation, your medical negligence attorney could draft a complaint on your behalf for the court. The hospital or the party suing will reply to the allegations raised in the lawsuit. In a deposition, the physician or other medical expert can be called to testify under oath regarding the medical care given to the deceased.

Evaluate Settlement Offers:

Prior to coming to trial, many medical malpractice-related wrongful death cases are settled. Together, you and the Furdock Law legal team will assess any settlement offers to make sure the damages are sufficiently covered. If not, they will represent you in negotiations for a larger settlement sum, presenting documents and expert testimony to show the entire extent of the damage.

Prepare for Trial:

The attorneys will get your case ready for trial if settlement talks do not provide a high enough offer. The legal team at Furdock Law possess a wealth of courtroom expertise and a proven track record in managing medical malpractice-related wrongful death cases.

Proving Medical Negligence

To establish a case of medical malpractice, you and your legal representative must demonstrate the following:

Existence of a Doctor-Patient Relationship

  • There was an established relationship between the medical professional and the patient, which meant the medical professional owed the patient a certain standard of care.

Breach of Standard of Care

  • The medical professional breached this standard of care through negligent or careless actions.

Causation

  • The medical professional's negligence directly caused harm to the patient.

Damages

  • The patient suffered quantifiable losses as a result of this harm, for which they can be compensated.

Types of Medical Malpractice Claims

Various medical errors made by physicians, nurses, and other healthcare personnel at facilities in Florida, can cause serious harm or even death. We Furdock Law focus on wrongful death cases involving the following:

  • Birth Injuries
  • Failure to Detect and Treat Infections
  • Hospital Acquired Infection and Disease
  • IV Infiltration Burns
  • IV Infiltration Injuries
  • Medical Abandonment
  • Medical Malpractice Generally
  • Medication Errors
  • Misdiagnosis or Failure to Diagnose
  • Nursing Home Neglect and Abuse
  • Pharmacy and Prescription Errors
  • Physicians Failure to Communicate Test Results
  • Pituitary Tumor Surgery
  • Surgical Errors and Complications
  • Testicular Torsion
  • Thyroid and Parathyroid Surgery

Healthcare practitioners are required to maintain a professional quality of treatment, even though they cannot guarantee results. You are entitled to monetary recompense and justice when this norm is broken and you suffer harm or lose your life. At Furdock Law our team of medical malpractice Attorneys in Florida Augusta who specializes in dealing with medical malpractice cases are a click away.

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When A Doctor, Pharmacist Or Hospital Causes Harm Or Death

In Florida, healthcare professionals, including doctors, nurses, pharmacists, and hospitals, owe a duty of care to their patients. They must adhere to established standards and protocols to prevent causing additional harm or injury. If you or a loved one has been injured or has died due to the negligence or carelessness of a healthcare provider or facility, it is crucial to seek legal advice promptly.

Medical negligence can manifest in various ways, such as failing to diagnose a treatable condition, leading to preventable death or serious injury. In such cases, you may be eligible to file a wrongful death lawsuit.

If you have been affected by medical malpractice in Florida, do not hesitate to contact Furdock Law. Our team specializes in providing the legal support you need and will guide you through the process, ensuring your rights are protected and justice is pursued on your behalf. For assistance, reach out to us at (305) 484-9454 or info@furdocklaw.com.

Medical Malpractice Statistics

  1. Number of claims: In 2021, there were 1,727 medical malpractice claims filed in Florida.
  2. Average payout: The average payment for medical malpractice claims in Florida between 2004 and 2022 was $244,728. More recently, as of 2022, the average payment was $314,687.
  3. Frequency of claims: Between 2012 and 2016, Florida averaged 51.86 claims per one million residents, ranking 8th in the nation for malpractice suits.
  4. Payout ranking: Florida ranks third in the nation for medical malpractice suit payouts.
  5. Common allegations: The most common allegation in medical malpractice claims was failure to diagnose, followed by treatment-related issues.
  6. Caps on damages: Florida law limits noneconomic damages in medical malpractice cases to $500,000.
  7. Physician involvement: Between 2006 to 2016, out of 129,749 practicing physicians in California, Texas, Florida, and New York combined, 53,301 were required to make payments due to malpractice.
  8. Types of errors: Inpatient medical errors account for 45% of all payouts, outpatient errors make up 41%, and both inpatient and outpatient errors account for 9% of total payouts.
  9. Market size: Florida is the second largest state for physicians malpractice premium, with $433 million in 2020 direct written premium.
  10. Loss ratio: Florida's loss ratio for physicians malpractice in 2020, excluding defense and cost containment, was 41.9%, ranking 7th highest among the top 10 states.

These statistics highlight the significant impact of medical malpractice in Florida, both in terms of frequency and financial implications. The data suggests that Florida has a relatively high number of malpractice claims compared to other states, with substantial average payouts and a large market for malpractice insurance.

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Compensation for Injured Patients & Their Families

Depending on the circumstances of each case, victims' families may be eligible to claim various types of damages for their loss and suffering. These include:
General Damages

These compensate for the emotional and psychological trauma experienced by the family, such as pain, suffering, loss of companionship, and diminished quality of life. While challenging to quantify, an experienced wrongful death attorney can help establish the appropriate value.

Special Damages

These cover quantifiable expenses like funeral costs, lost income or wages, and any medical bills incurred before the victim's passing. These damages are typically easier to calculate, as they are supported by documentation and financial records.

Punitive Damages

In rare cases where the responsible party's actions were particularly egregious or intentional, punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar behavior in the future. However, it's important to note that punitive damages are subject to legal limits in Florida.

Our team at Furdock Law are dedicated to ensuring that families in Florida receive the support and guidance they need during this difficult time. We will connect you with a reputable medical malpractice attorney attorney who have a proven track record of securing fair compensation for their clients.

Why Should You File and What Compensation Is Available?

Filing a medical malpractice claim in Florida is crucial for several important reasons. It holds healthcare providers accountable for injuries caused by their negligence and can help prevent similar incidents from happening to other patients. By bringing attention to dangerous or careless practices at medical facilities, a claim may prompt changes in protocols and guidelines that improve patient safety overall.

Pursuing a medical malpractice claim in Florida can also provide compensation for the various losses suffered due to a provider's negligent actions. A successful claim may result in damages covering:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Diminished quality of life
  • Out-of-pocket costs
  • Wrongful death damages (in fatal cases)
  • Punitive damages (in cases of gross negligence)

Florida law allows for both economic and non-economic damages in medical malpractice cases. Economic damages compensate for quantifiable financial losses, while non-economic damages address intangible harms like emotional distress. In rare cases involving egregious misconduct, punitive damages may also be awarded to punish the defendant and deter similar behavior.

At Furdock Law, we specialize in premises liability cases and can provide the legal support you need for your medical malpractice claim in Florida. Our experienced attorneys understand the complexities of these cases and will fight to protect your rights. For a consultation, contact us at (305) 484-9454 or info@ferdocklaw.com.

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FAQ

Here are some frequently asked questions at Furdock Law regarding medical malpractice cases:
Who Is Liable?

Medical professionals like doctors and surgeons often work as independent contractors for healthcare facilities. In such cases, the individual practitioner may be personally liable for damages resulting from malpractice, covered by their own insurance.

However, if the negligent healthcare provider was an employee of the hospital or medical facility at the time of the incident, the institution itself may be held vicariously liable. This principle of vicarious liability means employers are responsible for the actions of their employees while on duty.

Identifying the correct party to hold accountable is vital for your medical malpractice claim. While individual practitioners may have limited insurance coverage, healthcare facilities typically have more substantial policies to address damages.

What Are Birth Injuries?

A negligent act or omission that negatively impacts pregnancy, labor, or delivery and injures the baby is explicitly referred to as a birth injury. Obstetricians, gynecologists, and other healthcare professionals are legally required to take reasonable precautions to avoid birth injuries. According to this standard of care, medical professionals must:

  • Properly diagnose and treat maternal conditions.
  • Monitor fetal development throughout pregnancy.
  • Monitor vital signs during labor and delivery.
  • Use the correct birthing techniques and procedures.
  • Correctly use birth-assistive tools, such as forceps.
  • Order emergency cesarean sections when necessary.
  • Properly and carefully handle an infant after birth.
  • Diagnose and treat infant conditions, such as jaundice.

Serious newborn injuries can result from any action or inaction during pregnancy, labor, delivery, or the immediate postpartum period that violates the medical standard of care. Traumatic injuries, fractured bones, facial paralysis, nerve damage, arm and shoulder damage, brain damage, palsies, and wrongful death are among the common injuries.

What Can I Recover in a Lawsuit for Medical Malpractice?

While no amount of money can truly compensate for your loss, a wrongful death claim in Florida may allow you to seek compensation for various damages:

Medical Expenses: Under Florida law, you may be entitled to reimbursement for medical and rehabilitation costs incurred by your loved one before their passing.

Lost Wages: If your loved one's injuries prevented them from working, you could potentially recover compensation for their lost income. Additionally, you may pursue damages for the loss of their future earning potential.

Pain and Suffering: Compensation may be available for the physical and emotional distress your loved one experienced prior to their death. Our team at Furdock Law is committed to fighting for the justice and compensation you deserve.

Punitive Damages: In cases involving particularly egregious or reckless conduct, you might be eligible for punitive damages in addition to other forms of compensation. These damages are designed to hold the responsible party accountable and deter similar negligence in the future.

How does the compensation process work for medical malpractice victims in Florida?

The compensation process for medical malpractice victims in Florida involves several key steps:

Filing a lawsuit: In Florida, medical malpractice lawsuits must generally be filed within two years of when the injury occurred or was discovered. There is also an overall limit of four years from when the malpractice occurred, with some exceptions.

Expert affidavit: Florida law requires plaintiffs to submit an affidavit from a qualified medical expert affirming there are reasonable grounds for the lawsuit. This helps screen out frivolous claims.

Negotiations: Many cases are resolved through settlement negotiations between the plaintiff's attorney and the defendant's insurance company or legal team. This allows both sides to avoid the uncertainty of a trial.

Potential trial: If a settlement cannot be reached, the case may proceed to trial where a jury would determine liability and damages.

Damage caps: Florida previously had caps on non-economic damages in medical malpractice cases, but these were ruled unconstitutional by the Florida Supreme Court in 2017. There are no current caps on economic or non-economic damages.

Types of compensation: Victims may receive compensation for medical expenses, lost wages, pain and suffering, and other damages related to the malpractice.

What should I do immediately after experiencing medical malpractice in Florida to protect my legal rights?

If you believe you've experienced medical malpractice in Florida, it's crucial to take prompt action to protect your legal rights. Here are the key steps to take:

  1. Seek immediate medical attention from a different healthcare provider to address any ongoing health issues and document your condition.
  2. Obtain copies of all your medical records related to the incident, including test results, prescriptions, and treatment notes.
  3. Document everything you can remember about the incident, including dates, times, names of medical staff involved, and any conversations you had.
  4. Refrain from discussing the incident with the healthcare provider or facility involved, as anything you say could potentially be used against you.
  5. Do not sign any documents or agree to any settlements without first consulting an attorney.
  6. Contact an experienced medical malpractice attorney as soon as possible. In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the incident occurred or was discovered.
Do You Need Legal Representation?

To establish if medical malpractice has occurred, a comprehensive evaluation of the medical care you received must be conducted. Medical malpractice cases can frequently be intricate, adding emotional and financial strain to an already challenging situation.

If you believe you have been a victim of medical negligence, it may be beneficial to consult with a malpractice professional who has expertise in handling complex medical cases. At Furdock Law, we connect you with lawyers and law firms specializing in medical malpractice cases in Florida. Our network of legal professionals offers free case evaluations and consultations.

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If you're ready to pursue the compensation you deserve, contact our office today or complete your free case evaluation form:

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