In the pursuit of quality healthcare, we place our trust in hospitals and medical professionals to provide the highest standard of care. Unfortunately, even in the best hospitals, mistakes can happen, and the consequences can be life-altering.
If you suffered an injury because of medical negligence or carelessness, you may not know what to do next. Your medical bills may be overwhelming at a time when you just need answers and help.
Unfortunately you won’t find that help from the hospital. Hospitals and medical professionals often fight these claims aggressively. They have their own legal teams and resources at their disposal, ready to protect their interests. That’s why it is essential to have someone on your side who can push back on your behalf, ensuring that your rights are protected, and justice is served.
That is where we come in. Our team of experienced and compassionate Florida medical malpractice attorneys is dedicated to standing up for your rights after a medical injury. We know how difficult this time is for patients and their families. You put your trust in a doctor or healthcare professional and they let you down. We are here to provide you with the legal representation and guidance you need to move forward in your future after medical malpractice.
Why Choose Our Florida Medical Malpractice Lawyers?
At Prosper Shaked Accident Injury Attorneys, PA, we believe that every person deserves justice, accountability, and the opportunity to rebuild their lives after suffering a medical error or negligence. When you choose our Florida medical malpractice lawyers, you will have a legal team on your side who will fight for your rights and your future. We will meticulously investigate your case, consult with medical experts, and build a compelling argument on your behalf. Our aim is to secure the maximum compensation possible to cover medical expenses, rehabilitation costs, lost wages, and other damages resulting from the incident.
Please remember, time is of the essence in medical malpractice cases. Statutes of limitations exist, and evidence can fade over time. It is crucial to act swiftly to preserve your rights and gather the necessary evidence to support your claim. By taking the first step and contacting us, you initiate a partnership that will prioritize your well-being and fight for your justice.
Read what some of our clients had to say about working with our law firm after an injury!
How to Prove Medical Malpractice in Florida?
Medical malpractice arises when a healthcare professional in Florida, such as a doctor, nurse, or hospital, fails to provide appropriate care to a patient, resulting in injury or harm. It occurs when the healthcare provider deviates from the recognized standard of care, which is the level of skill, care, and treatment that a reasonably competent healthcare professional would provide in similar circumstances.
Medical malpractice can take various forms and may include errors in diagnosis, treatment, surgery, medication administration, anesthesia, childbirth, and post-operative care, among others. Common examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, failure to obtain informed consent, negligence in post-operative care, and improper or insufficient monitoring.
To establish a medical malpractice claim in Florida, certain elements need to be proven. These elements typically include:
- Duty of Care: The healthcare provider owed a duty of care to the patient. In most cases, a doctor-patient relationship establishes this duty.
- Breach of Standard of Care: The healthcare provider failed to meet the standard of care expected in their field or specialty. This involves demonstrating that the provider’s actions or omissions deviated from what other competent professionals would have done in similar circumstances.
- Causation: There must be a causal link between the healthcare provider’s breach of the standard of care and the patient’s injury. It must be shown that the provider’s negligence directly caused or contributed to the harm suffered by the patient.
- Damages: The patient must have suffered actual damages as a result of the healthcare provider’s negligence. These damages can include physical pain, emotional distress, medical expenses, lost wages, and other financial losses.
Medical malpractice cases can be complex, involving extensive medical knowledge, legal expertise, and the gathering of substantial evidence. For this reason alone, it is important to hire a Florida medical malpractice attorney who can assess the details of your case, navigate the legal process, and advocate on your behalf to seek compensation.
Common Medical Malpractice Claims
Medical malpractice claims encompass a wide range of scenarios where healthcare professionals fail to provide adequate care, resulting in harm to patients. These incidents can have devastating consequences for patients and their families, causing physical, emotional, and financial distress. Here are some of the most common types of medical malpractice claims:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Nursing negligence
- Emergency room errors
- Failure to obtain informed consent
- Hospital-acquired infections
- Inadequate post-operative care
- Laboratory errors
- Radiology and imaging errors
- Failure to monitor or respond to changes in patient condition
Medical malpractice events can have major consequences. The physical injuries resulting from malpractice may require additional medical surgeries and prolonged treatments. It can even result in permanent disabilities. Patients who suffer from medical malpractice can also suffer serious emotional trauma, such as anxiety, depression, and PTSD.
Medical bills after medical malpractice can be overwhelming for families in Florida. According to a study published in the American Journal of Public Health in 2019, approximately 66.5% of all bankruptcies were linked to medical issues and medical bills. This study estimated that around 530,000 families each year file for bankruptcy due to healthcare-related financial burdens.
For these reasons, it is essential to seek legal support and hold accountable those responsible for medical malpractice. By pursuing a claim, Florida patients can seek justice, obtain the necessary compensation to cover their losses, and send a message that negligent actions within the healthcare system will not be tolerated.
If you or a loved one has suffered harm due to medical malpractice, do not hesitate to reach out to an experienced Florida medical malpractice attorney at our law firm. We can provide the guidance, advocacy, and support you need during this challenging time.
What Type of Compensation Can Florida Medical Malpractice Victims Recover?
When medical malpractice occurs in Miami or anywhere in Florida, victims are entitled to seek compensation for the damages they have suffered. The purpose of compensation is to help restore the injured party to the best possible position, considering the physical, emotional, and financial toll they have endured. Here are the types of compensation that victims of medical malpractice can pursue:
- Past and Future Medical Expenses
- Lost Wages, Income, and Benefits
- Pain and Suffering
- Emotional Distress or PTSD
- Loss of Enjoyment of Life
- Disfigurement
- Loss of Future Income
It is important to note that while economic damages like medical expenses and lost wages can be easily calculated based on bills and financial records, non-economic damages such as pain and suffering are more subjective and can vary from case to case. An experienced Florida medical malpractice attorney at our law firm can help assess the value of these damages based on the specific circumstances of the case, expert testimonies, and past precedents.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
It’s important to know that if you’ve been a victim of medical malpractice in Florida, there’s a time limit to file a claim. Usually, you have two years to take legal action, which is called the statute of limitations.
If you think you’ve missed the deadline, don’t worry. You might still have time to file a lawsuit, and our attorneys can help you understand if any exceptions apply to your case.
Remember, every case is unique, and exceptions to the statute of limitations can depend on different factors like when the malpractice was discovered or the age of the victim. That’s why it’s crucial to consult with our legal team as soon as possible.
Don’t let the fear of missing the deadline stop you from seeking legal help. We can help you understand your rights and avoid missing out on the compensation you may deserve.
I Suffered a Complication After Surgery? Is it Medical Malpractice?
Experiencing a complication after surgery does not necessarily indicate medical malpractice. Complications can occur even with the highest standard of care and the most skilled surgeons. However, in some cases, a surgical complication can be the direct result of a medical error.
Determining whether a complication qualifies as medical malpractice requires a careful evaluation of your case. It often requires consultation with medical experts who can assess the standard of care provided and analyze whether negligence played a role in the outcome.
Steps To Take After Florida Medical Malpractice
If you suspect that you or someone you love is a victim of medical malpractice, it is crucial to take immediate action. Here are the steps you can take to protect your rights to compensation:
- Seek Medical Attention
- Preserve Evidence, such as medical records, prescriptions, and test results.
- Keep a Pain and Injury Journal
- Follow Doctor’s Treatment Plan
- Stay Off Social Media
- Consult with an Experienced Medical Malpractice Attorney
It is vital to consult with an attorney with experience handling medical malpractice cases in Florida. They have the knowledge and expertise to evaluate your situation, determine the viability of your claim, and guide you through the legal process. An attorney at our Florida medical malpractice law firm will protect your rights, help you gather evidence, and advocate for fair compensation on your behalf.
Contact Our Florida Medical Malpractice Attorneys
If you or a loved one has been a victim of medical malpractice, it is crucial to consult with a skilled lawyer at Prosper Shaked Accident Injury Attorneys, PA. We can evaluate your case, gather the necessary evidence, and advocate for your right to fair compensation. Our Florida medical malpractice lawyers will work diligently to ensure that you receive the maximum amount of compensation available under the law, helping you rebuild your life and move forward after the devastating effects of medical malpractice. Call our office today and schedule your free, confidential consultation. Our phone number is (305) 694-2676.