florida Medical Malpractice Lawyer
When you receive medical treatment, you expect to get care that meets the recognized standard. All too often, however, that is not what you encounter. Medical negligence can occur in all manner of healthcare settings, and it can leave you facing serious injuries.
If you have suffered losses, hiring a medical malpractice lawyer in Florida can make it easier to file a claim for compensation.
At Kennon Law, we have more than 30 years of collective experience and a proven track record of helping people fight for the compensation they deserve. Learn more about how our team of Florida malpractice attorneys can help you.
What Is Medical Malpractice?
Medical malpractice refers to professional negligence from a healthcare provider that results in a patient suffering injuries. Providers of healthcare services have a responsibility to offer treatments that meet a standard of care. If they deviate from that, and their conduct results in patient harm, it can be considered medical malpractice.
There are a few requirements that a plaintiff must meet in medical negligence cases. The first is to establish that a duty of care existed, which typically means showing that you were under the treatment of that medical professional.
The next requirement is to demonstrate that the defendant violated the standard of care and that the violation resulted in injuries. For a medical malpractice case to be viable, there must also be significant losses as a result of the injury. You must show that you suffered serious medical expenses, loss of income, or pain and suffering.
Keep in mind that not all negative medical outcomes are malpractice. It’s only considered negligent healthcare if another provider wouldn’t have made the same mistake.
Medical Malpractice Laws in Florida
Under Florida’s medical malpractice laws, the plaintiff has the burden of proving that the negligence took place. Unlike criminal cases, civil actions don’t need to be proven beyond a reasonable doubt but by a preponderance of evidence. This means demonstrating that it’s more likely than not that the malpractice occurred.
Florida’s Malpractice Act requires that you show the medical professional did not provide adequate care. As in other states, another healthcare provider in the same field must offer an affidavit and testify in court that medical negligence occurred. For example, if a doctor fails to diagnose cancer in a timely manner, you would have to provide an affidavit from an oncologist that the negligence occurred.
You only have a limited time to file a medical negligence claim in Florida. The statute of limitations states that you must file a claim within two years of when you discovered the harm or when you should have reasonably discovered it. There is usually a four-year deadline from the date when the medical negligence took place.
There is an exception to the statute of limitations if the medical professional took steps to hide their malpractice. If that occurred, then the timeline is extended by two years. If fraud was involved, then it can be extended by up to seven years.
Types of Medical Malpractice Cases
There are many types of medical malpractice claims. Below are some of the most common ones our medical malpractice lawyers in Florida have worked on.
Delayed or Misdiagnosis
If a patient seeks treatment and the healthcare provider doesn’t offer an accurate or timely diagnosis, they may be held liable.
Someone who is not diagnosed correctly can experience worsening symptoms, and in cases that involve cancer or other time-sensitive issues, it can make a significant difference in whether the treatment will be effective or not.
Surgical Errors
Surgical procedures are complex and carry inherent risks, but if a healthcare provider is negligent, danger to patients can rise exponentially. Common errors committed during surgery include leaving instruments inside the person, operating on the wrong body part, not monitoring vital signs, and improper sterilization.
Anesthesia Errors
Being administered the wrong anesthesia dosage or not being monitored throughout the procedure that requires it can put patients at serious risk of suffering oxygen deprivation or being aware during surgery and feeling high levels of pain.
Birth Injuries
Another very common type of Florida medical malpractice involves birth injuries. These are injuries that can occur as a result of negligence during pregnancy, labor, or the hours right after birth.
Not using assistive devices (like forceps) correctly, not monitoring the mother’s or baby’s vital signs, delaying a C-section, and many other errors can result in oxygen deprivation, broken limbs, and other harm.
Medication Errors
A doctor prescribing the wrong medications or a pharmacist not filling a prescription correctly can not only mean you’re not getting the treatment you need for your condition but could also potentially put you at risk of further harm.
Medication errors also include a medical professional not checking a patient’s medical history and prescribing medications that interact with others or cause adverse side effects.
Insufficient Aftercare
If you have gone through a surgical procedure or any other treatment, your Florida healthcare professional should follow up to ensure you’re recuperating correctly. Failure to do this can mean not catching complications early.
Emergency Room Errors
When you are rushed into the emergency room, medical professionals must quickly assess you and provide appropriate care. If they fail to do so and don’t offer timely treatment, you could suffer devastating results.
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Proving Medical Malpractice in Florida
To prove Florida medical malpractice occurred, you will need an affidavit from a medical professional in the same field as the defendant who states that negligence took place. To receive this affidavit, you and your medical malpractice lawyer will have to start gathering numerous types of evidence.
Your medical records are essential since they offer a look at the diagnostic tests that you underwent and the treatment recommendations that your provider offered.
Alongside your medical records is your medical history. If your physician didn’t take thorough histories or if they failed to make connections between your symptoms and your risk factors for certain conditions, this could help prove negligence.
Other supporting evidence includes witness statements and bills. The latter is necessary to demonstrate the losses you suffered as a result of medical negligence. Keep all hospital bills and make sure that you get pay stubs or other similar evidence to show the income losses you suffered if your injuries keep you from going to work.
The Role of Medical Malpractice Attorneys
A medical malpractice attorney can make the difficult claims process a bit simpler. You will be dealing with health issues as a result of negligence, and the last thing you probably want to do is to begin a difficult civil action. With Florida medical malpractice lawyers helping you, you can focus on healing and getting appropriate care while we begin the legal process.
Our team of lawyers will assess the claim and start gathering the necessary evidence. With your authorization, we can even access your medical records so that you have one fewer thing to worry about. Our medical malpractice attorneys will also start speaking with potential witnesses, including staff at the location where you received medical care.
One of the most significant benefits of working with a Florida medical malpractice attorney is that you have access to expert witnesses. Our team has numerous contacts in the medical industry, which makes it easier to obtain the necessary affidavit.
Additionally, our team of lawyers has decades of experience negotiating with insurance companies. We know how to present a strong and clear case and how to fight for your rights. If insurers don’t offer an appropriate settlement, we also present the option of filing a lawsuit and taking the case to court.
Compensation for Medical Negligence in Florida
Florida medical malpractice claims allow you to receive economic and non-economic damages. Financial losses are covered by economic damages. These cover medical bills, including future medical expenses, as well as the loss of wages you may have suffered. If you can’t return to work in the same capacity or at all, you can also receive compensation for loss of earning potential.
The term non-economic damages refers to financial compensation for losses that aren’t as easy to quantify. These include emotional and physical pain and suffering as well as loss of consortium.
The exact amount you receive will depend greatly on the severity of your injuries, how they impact your life, and other factors.
Finding the Right Medical Malpractice Lawyer
Choosing Florida medical malpractice lawyers isn’t always a simple process because of all of the options you may encounter.
One of the first things to remember is to choose someone with experience in these types of personal injury cases. It’s not enough for an attorney to have successfully settled or litigated car accidents or premise liability cases. They must have done so for medical malpractice claims.
Look for a Florida medical malpractice attorney who has obtained substantial settlements or jury awards for their clients. If you see that the lawyer takes on numerous medical malpractice cases but settles them for low amounts, they are likely not the counsel you should hire.
When deciding on an attorney, you must also know what to expect from the fee structure. Personal injury lawyers work on contingency, so they don’t charge upfront fees. Instead, they only get paid if you do. Make sure you know the percentage that the lawyer will receive from your winnings.
Contact Experienced Medical Malpractice Lawyers in Florida
After suffering injuries because of medical malpractice, you may have a right to file a claim for compensation. At Kennon Law, we can help you understand and fight for your rights. Contact our team to schedule a free consultation with one of our lawyers.
Frequently Asked Questions
Learn more about medical malpractice in Florida.
What Qualifies as Medical Malpractice in Florida?
Medical malpractice refers to negligent conduct from healthcare professionals that results in harm to their patients. If the provider’s care fell below the accepted standard and resulted in losses, it’s considered negligence.
How Do I Sue for Medical Malpractice in Florida?
To sue for malpractice, you must serve the healthcare professional with a notice that you intend to file a lawsuit. This notice must contain an affidavit from another medical professional that states you have a valid claim.
The next step will be a 90-day settlement process. If the defendant chooses not to settle, the case will proceed to court.
What Is the Difference Between Negligence and Malpractice?
Negligence is a legal concept that applies to many personal injury claims. It occurs when one party owes another a duty of care that they breach, leading to injuries. Medical malpractice is a specific form of negligence involving healthcare professionals.
Which Element of Malpractice Is Hardest to Prove?
In a medical malpractice claim, it’s hardest to prove that the care the healthcare provider offered fell below the accepted standard.
How Much Are Most Medical Malpractice Settlements?
Each case is unique, but the Journal of the American Medical Association states that the average throughout the United States is $329,565. The actual amount you receive will depend greatly on the severity of the injuries you sustained.
What Is the Average Settlement for Medical Malpractice Lawsuit in Florida?
There is no available average in Florida because the cases are vastly different and can result in a variety of settlement amounts. By reviewing your claim, your attorney can provide a better idea of the ballpark range you can expect.
How Does a Medical Malpractice Lawyer Help With Gathering Evidence for My Case?
A medical malpractice lawyer can help you gather medical records if you authorize them to do so and can also provide expert witnesses who can offer the affidavit you need to file a claim.
What Is the Role of Expert Witnesses in Medical Malpractice Cases?
Expert witnesses are essential in medical malpractice cases. Without getting an affidavit from one, you will not be able to file the claim. They ensure that you have a valid case by assessing the evidence and stating that negligence took place.
What Types of Injuries or Damages Can Be Caused by Medical Malpractice?
Medical malpractice can result in numerous types of injuries and losses. Often, they worsen medical conditions because they delay appropriate treatment while also putting you at risk of suffering adverse side effects from the wrong treatments. This can result in medical expenses, the inability to work, and pain and suffering.
What Happens if My Medical Malpractice Claim Is Unsuccessful?
If your claim is unsuccessful, you may be able to file an appeal.
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