Florida Medical Malpractice Lawyers

FIGHTING FOR VICTIMS OF MEDICAL NEGLIGENCE & MISCONDUCT

We’d all like to think we can trust doctors unconditionally, but unfortunately, medical negligence and malpractice are possible. In 2021 alone, there were thousands of medical malpractice claims in Florida. So who can you turn to if you’ve been hurt by the professionals meant to help you?

Florida medical malpractice lawyers are there for you, handling your claim with experience and efficiency to get you proper compensation for your traumatic, possibly life-altering experience. Contacting a lawyer is always the best option, but this guide will be handy in making successful medical malpractice cases so you and your loved ones can avoid being a victim of poor medical care.

Understanding Medical Malpractice Law in Florida

Medical malpractice occurs when a healthcare professional breaches the standard of care, which is to say 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 has to testify that this occurred. Florida medical malpractice attorneys are here to help.

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 doesn’t leave you with much time to file a medical malpractice case. You have options, but contacting a medical malpractice lawyer as soon as possible is important to make a claim.

The Role of Florida Medical Malpractice Lawyers

In Florida medical malpractice cases, a good law firm is vital. They assist their clients in every aspect of a medical malpractice 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 up your claim and file it with your medical provider. They work as mediators, negotiating with the defendants to hopefully reach an out-of-court settlement. If that doesn’t work, your lawyer will represent you in court, using that evidence to get what’s fair.

Medical malpractice cases can be incredibly complicated, so never try to tackle one on your own. Your opposition most definitely will not. Having a legal professional on your side can help you juggle your medical recovery with the legal recovery of your compensation.

Types of Medical Malpractice Cases

All Florida medical malpractice claims are different, each with its difficulties. There are many ways a medical professional can fail you. Fortunately, a Florida medical malpractice lawyer should be experienced with each.

Many people rely on medication every day, but your doctor does not always get it right. Trial and error are always going to be at play when medicating a patient, but there is a point where a healthcare provider can be held accountable for negligence.

Surgical errors are unfortunately common situations, 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 best, it is useless and wastes valuable time. At worst, it can actively make your condition worse and cause problems you did not have before.

There are several other common types of medical malpractice, all of which personal injury lawyers are familiar with:

• Misdiagnosis
• Delayed diagnosis
• Failure to diagnose
• Failure to treat
• Surgical and anesthesia error
• Wrongful death
• Birth injuries

A Florida medical malpractice lawyer is the strongest defense in any situation where you feel mistreated by a medical care provider. Florida medical malpractice laws can be confusing, but you are far from helpless.

The Legal Process in Medical Malpractice Cases

When you decide to pursue a medical malpractice case, you will want to 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 can expect.

Your Florida medical malpractice lawyer can gather evidence and seek witnesses to testify, letting the hospital in question know that you will be seeking 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 will come into play. Ideally, the court will decide in your favor. Though this process can be lengthy, medical malpractice attorneys will do all they can to make it simple for you.

Compensation for Medical Malpractice

Just as there are several types of medical negligence cases, you can seek compensation for multiple types of damages. Malpractice lawyers can walk you through what your case qualifies you for based on established Florida statutes. Injured victims should act as quickly as possible before they are financially overwhelmed.

Injury victims may be due more than compensatory damages, too. Talk to your lawyer about non-compensatory damages, or punitive damages. However, know that these are only available in a lawsuit — not a claim or settlement.

Economic Damages

Economic damages are the most common and easily quantifiable damages. Simply put, they are the money you lost because you did not receive reasonable medical care. Medical expenses are not cheap, and in malpractice cases, you likely will have to pay for even more care after the initial treatment goes wrong.

You will likely be unable to work for some time and have a reduced work capacity for a while afterward. That means financial recovery may be that much harder.

In wrongful death claims, you will have to bury a loved one because of the negligence of medical professionals. These expenses together can be catastrophic, and you deserve to have them covered by the responsible parties. Medical negligence lawyers can secure you that relief.

These damages are just some examples of the economic damages you may have grounds for if you have been injured by medical negligence:

• Medical bills (current and future)
• Lost wages
• 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 in a 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 damage. In the case of a wrongful death, the closest family can receive payment for the loss of their loved one. Negligent healthcare providers owe you for the pain they have put you through, and a malpractice lawyer can see that you are reimbursed.

These damages are calculated by their severity and impact. For example, if you suffer pain from your injuries for a long time, it may have affected your ability to work or enjoy life. When this happens, you may be due more money for your suffering.

Unlike economic damages, where you can receive compensation for all financial costs you are due, non-economic damages are capped. You may receive up to $500,000 for these damages in a medical malpractice case. Fortunately, our attorneys can help you maximize what you are due.

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, which is not always the case.

Surgical errors caused intentionally to keep the patient in their care would be an example, though such an occurrence is rare. If your lawyer can find evidence of medical providers knowingly breaking the law, your case may become an even larger class action suit. These cases are more complex, but they can help bring a negligent doctor to justice.

Florida Medical Malpractice FAQ

Florida medical malpractice law can be confusing, partially to prevent any false claims and offset the high costs. A medical malpractice lawyer can answer any questions you have, but here are a few common concerns to help you better understand your situation.

What if I cannot afford a lawyer?

If you have experienced medical malpractice but cannot afford the services of a lawyer, you are not out of options. Most personal injury law firms offer free case evaluations and work on contingency, meaning you only pay if you win your case.

There may also be local legal aid services you can rely on, depending on where in Florida you live. Do not let your financial situation prevent you from seeking justice for medical errors; research the options in your area.

What is informed consent?

Under Florida law, patients must be informed about what will happen, the risks, and any alternatives they may choose before any procedure. Any surgical procedure or medical device used without this information could count as medical malpractice, particularly if something goes wrong that you were not informed of.

Malpractice victims who did not receive proper treatment should keep careful track of what they consented to.

How long do I have to act on my claim?

To file a personal injury legal claim in Florida, you must act within two years. No matter what severe injuries may have been incurred by professional negligence, you will be unable to pursue any legal reimbursement past the two-year mark. This is why it is important to act as quickly as possible, preferably with the help of a lawyer.

There is an exception if the hospital or other healthcare providers deliberately covered up the injured patient’s condition. In this case, the statute of limitations is extended to four years. This can be difficult to discover and prove, however.

What if I did not know about the injury until the time limit to sue had passed?

If you discover your injury after that 4-year mark, your case will be dismissed. You will no longer have the opportunity to pursue monetary compensation for any catastrophic injury, medication errors, or birth injuries caused by a medical professional’s negligence.

However, if you discover your injury after four years due to medical coverup, you have seven years. No matter the relevant surrounding circumstances, you cannot recover compensation after seven years. If this all seems confusing, don’t worry. An experienced medical malpractice lawyer can explain and help you navigate the legal process to seek justice, so be sure to call as early as you can.

What is my medical malpractice claim worth?

Medical malpractice is serious, meaning compensation tends to be high. In many cases, the hospital would prefer to settle out of court with an insurance payout than to endure a lengthy legal battle.

However, these settlements can vary depending on the severity and extent of the injuries. Because of this, we do not have a specific average, but we are here to help maximize your settlement. There are a multitude of factors to raise or lower that number, but a good malpractice lawyer will work hard to get the highest possible amount.

Call a Florida Medical Malpractice Attorney

If a hospital or emergency room visit has left you worse for wear through the incompetence or negligence of a medical professional, reach out to a Florida medical malpractice attorney. They will have the knowledge and experience to work the malpractice system to your benefit, helping you to get the compensation you deserve.

Amanda Demanda Injury Lawyers is here for you when you need Florida attorney services for medical malpractice. We are an experienced, capable law firm that understands Florida medical malpractice law. Contact us by phone or through our online contact form for a free consultation when you are considering obtaining legal representation.