We’d all like to think we can trust doctors unconditionally, but unfortunately, medical negligence and malpractice are more common than many people realize. In 2021 alone, there were thousands of medical malpractice claims filed across the state. So who can you turn to if you’ve been hurt by the professionals meant to help you?
A Florida medical malpractice lawyer can handle your claim with care and efficiency to help you seek proper compensation for your traumatic, possibly life-altering situation. Contacting a Florida personal injury attorney is always the first step, and this guide will help you better understand the process so you and your family can move forward after receiving poor medical care.
How Medical Malpractice Law Works in Florida
Medical malpractice occurs when a healthcare professional breaches the standard of care, meaning the level of care they are expected to provide to their patients. In essence, you went to the doctor, and either your problem was not fixed or was made worse. This can be difficult to prove, as another medical professional must testify to the breach.
The statute of limitations in Florida for medical malpractice is two years, which is meant to reduce fraudulent lawsuits and offset the cost of medical malpractice insurance. However, this does not leave you with much time to file a case. Contacting a Florida medical malpractice lawyer as soon as possible is important to protect your claim.
What a Florida Medical Malpractice Lawyer Does for You
In Florida medical malpractice cases, a good law firm is vital. Your attorney assists in every aspect of the case, from the initial consultation through to the courtroom, if necessary.
A lawyer can investigate your claim, gather evidence, and review medical records. They build your case and file it with the responsible medical provider. They work as mediators, negotiating with the defendants and their insurance providers to hopefully reach an out-of-court settlement. If that does not work, your lawyer will represent you in court, using that evidence to fight for what is fair.
Medical malpractice cases can be incredibly complicated, so never try to tackle one on your own. Your opposition most certainly will not. Having a legal professional on your side can help you balance your medical recovery with the legal recovery of your compensation.
Types of Florida Medical Malpractice Cases
All Florida medical malpractice claims are different, each with its own challenges. There are many ways a medical professional can fail you. A Florida medical malpractice lawyer can help with each type.
Many people rely on medication every day, but your doctor does not always get it right. Trial and error are always part of medicating a patient, but there is a point where a healthcare provider can be held accountable for negligence.
Surgical errors are unfortunately common, where a doctor performing surgery makes a mistake. This can have dire consequences for your way of life, depending on the severity and location of the mistake. Anesthesia errors can also occur, leaving you awake when you should be under.
Misdiagnosis is when the doctor is wrong about your medical problem, possibly prescribing treatment with adverse effects. At its most harmless, it is useless and wastes valuable time. At worst, it can actively make your condition worse and create problems you did not have before.
There are several other common types of medical malpractice, all of which our personal injury lawyers handle:
- Misdiagnosis, delayed diagnosis, or failure to diagnose
- Failure to treat
- Surgical and anesthesia errors
- Wrongful death
- Birth injuries
A Florida medical malpractice lawyer is your strongest advocate in any situation where you feel a medical care provider has caused you harm. Florida medical malpractice laws can be confusing, but you are far from helpless.
The Legal Process in Florida Medical Malpractice Cases
When you decide to pursue a medical malpractice case, contact an attorney as soon as possible. Most initial consultations are free, and your lawyer can go over the case details with you to determine whether to proceed and how much compensation you may be able to recover.
Your Florida medical malpractice lawyer can gather evidence and seek witnesses to testify, letting the hospital know you intend to seek full and fair compensation. They will attempt to negotiate with the hospital and its insurance provider. If necessary, they will take the case before a judge.
Your medical malpractice lawsuit will get its day in court, during which your lawyer will attempt to prove negligence. This is where the evidence and testimony come into play. Although this process can be lengthy, medical malpractice attorneys do all they can to simplify it for you.
Compensation for Florida Medical Malpractice
Just as there are several types of medical negligence cases, you may seek compensation for multiple types of damages. Our attorneys can walk you through what your case qualifies for based on established Florida statutes. Injured victims should act as quickly as possible before they are financially overwhelmed.
Economic Damages
Economic damages are the most common and easily quantifiable. Simply put, they cover the money you lost because you did not receive reasonable medical care. Medical expenses are not cheap, and in malpractice cases, you likely have to pay for even more care after the initial treatment goes wrong. You may also be unable to work for some time and have a reduced work capacity afterward.
Some examples of economic damages include:
- Medical bills, both current and future
- Lost wages and loss of earning capacity
- Household accommodations like wheelchair ramps
- Transportation costs for medical care
Non-Economic Damages
Non-economic damages refer to pain and suffering endured due to the personal injury. Being in any of the situations described above could be stressful and terrifying, staying with you for a long time. These damages are harder to prove and quantify, but you can obtain compensation for emotional and mental harm.
Unlike economic damages, where you can receive compensation for all financial costs, non-economic damages may be capped. You may receive up to $500,000 for these damages in a Florida medical malpractice case. Our attorneys can help you maximize what you are owed.
Punitive Damages
Punitive damages are fines meant to punish the healthcare provider for criminal negligence and are only awarded by a judge or jury. They only apply in cases where a law has been broken. If your lawyer can find evidence of medical providers knowingly breaking the law, your case may become an even larger class action suit.
Florida Medical Malpractice FAQ
How Much Does It Cost to Hire a Lawyer?
If you have been harmed by medical malpractice but cannot afford a lawyer, you still have options. Most personal injury law firms offer free case evaluations and work on contingency, meaning you only pay if you win your case. Do not let your financial situation prevent you from seeking justice for medical errors.
What Is Informed Consent?
Under Florida law, patients must be informed about what will happen, the risks, and any alternatives before any procedure. Any surgical procedure or medical device used without this information could count as medical malpractice, particularly if something goes wrong you were not informed of. Victims who did not receive proper informed consent should keep a careful track of what they agreed to.
How Long Do I Have to File a Claim?
To file a personal injury legal claim in Florida, you must act within two years. There is an exception if the hospital or other healthcare providers deliberately covered up the patient’s condition, in which case the statute of limitations extends to four years. If you discover your injury after four years due to a medical cover-up, you have seven years. No matter the circumstances, you cannot recover compensation after seven years.
What Is My Florida Medical Malpractice Claim Worth?
Medical malpractice is serious, meaning compensation tends to be significant. In many cases, the hospital prefers to settle out of court with an insurance payout rather than endure a lengthy legal battle. The amount varies depending on the severity and extent of the injuries. Our attorneys are here to help maximize your settlement.
Call a Florida Medical Malpractice Attorney
If a hospital or emergency room visit has left you worse off through the negligence of a medical professional, reach out to a Florida medical malpractice lawyer. We have the knowledge and determination to work the malpractice system to your benefit, helping you get the compensation you deserve. Our firm has secured results like a $43 million car accident jury verdict, and we bring that same aggressive approach to medical negligence cases involving premises liability, work injuries, and more across the state.
Contact us by phone at 1-844-DEMANDA or through our online contact form for a free consultation. Se habla español.
