MEDICAL MALPRACTICE LAWYERS
If you or your loved is a victim of a medical malpractice that was the result of a healthcare provider or doctor’s negligence, then you may have a right to bring a case and recovery money damages available under Florida law. Unfortunately, every single day a doctor or healthcare provider causes more injuries to their patient than the patient had prior to visiting the doctor.
Although medical malpractice occurs with frequency, not every mistake a doctor makes creates liability or a claim for monetary damages. It is for these reasons it is important that if you believe you, or a loved one, may have a claim against a doctor for malpractice, you immediately contact a personal injury law firm that focuses their law practice on handling hospital and medical injury cases, such as the Shiner Law Group.
At our law office, our attorneys strongly advocate for our clients and we work on a contingency fee basis, which means you do not pay unless we win your case.
Understanding Medical Malpractice: Does My Case Qualify?
Patients who are injured because of medical negligence may have grounds to pursue legal action against an at-fault party; however, the claimant must satisfy certain criteria to build a compelling case. In general, Florida outlines a few key legal elements that a person must prove to make a recovery for medical negligence, these elements include the following:
- The scope of medical care: Plaintiffs in a medical malpractice lawsuit must show they received medical attention from a physician who agreed to care for the injuries sustained.
- The legal duty of care: Under Florida law, doctors are required to adhere to the standards and practices adopted by the medical community. When a physician is hired to perform a medical service, the patient is owed a legal duty of care.
- A breach of duty: Patients may have a legitimate claim against a physician whose negligence caused a breach of duty; however, claimants in a medical malpractice lawsuit must also show the doctor had causation.
- Recovering damages: Patients may recover a broad range of damages when negligence resulted in economic or non-economic losses, including, but not limited to, additional medical expenses incurred by treatment and rehabilitation, lost income and/or reduced earning capacity, pain, and suffering, or wrongful death.
Why Hire A Medical Malpractice Attorney?
If you or your loved one has suffered due to poor medical care, the award-winning personal injury attorneys at the Shiner Law Group provide aggressive legal representation to help you build a favorable case.
The healthcare industry has virtually unlimited litigation resources and will employ defensive strategies to reduce financial liability. Our South Florida trial lawyers will help you navigate common insurance traps and pitfalls by advising you of your legal rights and responsibilities, so your interests are better protected.
We customize our legal services to help gather and present key evidence, collect eyewitness testimonies, quantify your damages, identify the appropriate defendants, and initiate the lawsuit.
In reality, although you can pursue a claim for healthcare negligence yourself, it is wise to retain the services of a qualified law firm to assist in pursuing damages against the responsible party.
Our Florida medical malpractice lawyers handle medical negligence cases throughout Florida and have a reputation for professional, but aggressive, representation to collect as much money as possible for our client’s injuries.
In some cases, the medical malpractice will result in the death of the patient which in turn will allow the family to bring a wrongful death case to trial, also necessitating the need for a competent attorney to represent the family or estate of the person who died.
With the benefit of a local malpractice attorney, you will have the relief you need to focus on your recovery.
How often does medical malpractice result in injury?
Again, medical accidents occur daily in Florida. However, every bad medical outcome does not mean that it is the doctor’s fault. If someone believes that they are a victim, they should immediately contact the best medical malpractice lawyer. Some of the more frequent injuries that occur as a result of a healthcare provider or hospital’s negligence include the following:
- Misdiagnosis or delayed diagnosis. These types of failures lead to some of the most prevalent types of claims against doctors and hospitals.
- Childbirth injuries. Injuries to new-born babies are generally referred to as fetal injuries and these can be caused by a doctor’s failure to adequately prepare the mother of an unborn child for issues that are known to arise during, and immediately afterward, childbirth. Some of these issues are labeled as negligent prenatal child care or the actual negligence in delivering the baby at the hospital.
- Medication errors. Our law firm has handled several different types of medical insurance claims that involved the negligent distribution of medication or the improper prescription of medication. Taking the wrong medication, or too much or too little medication is one of the top reasons people suffer injuries related to medical care.
- Surgical errors. In our law firm’s experience from handling personal injury cases resulting from medical errors, many of our cases resulted from surgery errors. Not all surgical errors can be prevented, however, generally speaking, if someone dies during a medical operation, there is good cause to want to investigate the reasons why. The permanent injuries can result from anesthesia mistakes or surgical mistakes that end up causing death, amputation, or other permanent medical complications.
What is Florida’s Statute of Limitations in a Medical Malpractice case?
Florida’s statute of limitations permits victims of personal injury, such as medical malpractice, to bring a legal cause of action against a negligible party. However, you only have two (2) years from the date you knew or should have known, that there was medical malpractice.
It is important to note that the two-year statute of limitations in Florida medical malpractice claims is shorter in time than claims for other types of negligence.
Therefore, it is important to associate with an attorney who can handle your medical negligence claim and has a keen understanding as to how the statute of limitations impacts the person’s legal case.
While we make every effort to avoid extensive and costly litigation by negotiation a fair settlement outside of court, our Boca Raton and South Florida lawyers are prepared to go to trial to maximize your claim’s financial recovery efforts.
So, if you need the top medical malpractice lawyers to help you navigate the complex path of pursuing a case against a doctor, hospital, or another medical provider, call our Firm immediately for a free no cost consultation – time is of the essence!
What Florida Law Applies to Medical Malpractice Cases?
Florida Statutes Chapter 766 provides guidance as to the laws that govern medical malpractice claims. More specifically, Florida statute section 766.102 (Medical negligence; standards of recovery; expert witness) outlines the burden of proof and some of the necessary steps that must be taken when bringing a claim for medical negligence. For instance, Florida statutes state that:
“[i]n any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202(4), the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider.”
What’s more, the law outlines what the prevailing professional standard of care for a given health care provider shall be. The law states that the standard of care should be the “…level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Thus, based on the law, you must hire an expert medical witness to testify and assert that the medical professionals’ actions “fell below the applicable standard of care” in order to make a recovery under Florida law.
Speak with a Shiner Law Group Medical Malpractice Lawyer
Have you or someone you love been injured or died because of the negligent, reckless, or intentional conduct of a doctor, hospital or another medical provider? Call us at our main office located in the heart of Southern Florida by dialing (855) 462-6878 or contact us online for a free case review.