where can i find an attorney in florida that specializes in medical negligence

What is the average payout for medical negligence in Florida?

What is considered medical negligence in the state of Florida?

How do you prove medical negligence?

What are the 4 D's of medical negligence?

What are the odds of winning a medical malpractice suit?

How long do you have to sue for medical malpractice in Florida?

What is an example of medical negligence?

What are the two types of medical negligence?

What are the 4 elements that must be proven in a case of malpractice?

What 3 things must be present for a healthcare professional to be considered negligent?

Which of the following are needed to prove negligence?

What does res ipsa loquitur means?

What is medical malpractice in Florida?

We trust that any medical professional such as a medical doctor, surgeon, anesthesiologist, nurse, or dentist will provide health care that meets t...

Can I sue a hospital or doctor even if I signed a waiver?

Every medical procedure, including a surgery, has a certain level of risk involved. In almost every case, before undergoing a medical procedure, th...

How long do I have to bring a Florida medical malpractice lawsuit?

You must file a legal action within the statute of limitations period, or lose your right to file a case. In Florida medical malpractice cases, the...

Why is there a time limit on filing a medical malpractice case?

According to the Florida Bar's website, the reason for time limits on medical malpractice cases "reflects a legislative determination to curtail fr...

How long does a Florida medical malpractice case take?

Florida medical malpractice cases can take quite a long time—in some instances, several years. Of course, the amount of time it takes to negotiate,...

How do I go about proving my Florida medical malpractice case?

In a medical malpractice case, attorneys usually prove medical negligence using expert testimony.A qualified expert must establish what the standar...

What are the common types of Florida medical malpractice cases?

Common examples of medical malpractice cases include:Emergency treatment negligenceDelayed or incorrect diagnosisGynecological and obstetrical malp...

Is misdiagnosis malpractice in Florida?

Many medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition. When a doctor’s error in diagnosis result...

Is it malpractice if you did not obtain the desired outcome?

It depends on why the desired outcome did not happen. Treatments or procedures that result in unexpected and undesirable outcomes do not necessaril...

Who can sue for medical malpractice in Florida?

Someone who was injured as a result of medical negligence may bring a lawsuit. If the injuries are “severe, permanent, and disabling,” family membe...

Who is the Florida personal injury attorney?

If you or a loved one has been injured due to medical malpractice, consult an experienced, compassionate Florida personal injury attorney at the Sibley Dolman Gipe Accident Injury Lawyers, PA and Sibley Dolman to discuss your legal options.

What is medical malpractice in Florida?

In Florida, medical malpractice is also sometimes referred to as medical negligence.

Why are medical malpractice cases never resolved?

Because medical malpractice cases often involve very serious claims and large settlements, the insurance companies vigorously defend them. Because of this, they are almost never resolved quickly. One should be thinking in terms of ‘months and years’ instead of ‘days or weeks’.

Why are there time limits on medical malpractice cases?

According to the Florida Bar’s website, the reason for time limits on medical malpractice cases “reflects a legislative determination to curtail frivolous claims, promote settlement, and reduce the high cost of medical malpractice insurance.” In other words, the limitations are there to benefit everyone by keeping insurance costs low for doctors, encouraging the settlement of cases for plaintiffs, and preventing insurance fraud as a whole.

How long can you sue a health care provider in Florida?

Therefore, unless misrepresentation, fraud, or concealment exists, one can not sue a health care provider more than four years after the actual malpractice incident.

How long does it take to settle a medical malpractice case in Florida?

Florida medical malpractice cases can take quite a long time—in some instances, several years. Of course, the amount of time it takes to negotiate, try and/or settle a medical malpractice case depends heavily on a wide variation of factors. These factors that determine the length of time it will take to resolve a pending medical malpractice claim include:

How to recover compensation for negligence?

To recover compensation, one must show that the healthcare professional provided substandard medical care and that their negligence caused harm. The law defines negligence as the failure to use ordinary care. It is not enough to simply show that a doctor has made a mistake. Professional negligence is a health care provider’s action or omission that is contrary to good and accepted medical or nursing practice.

What is medical malpractice defense?

Medical malpractice defense attorneys represent physicians and medical businesses that are defending liability for injuries created during treatment. No matter your circumstance, use Super Lawyers to hire a local medical malpractice lawyer.

What is a super lawyer?

Super Lawyers is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of professional achievement and peer recognition. The patented selection process combines peer nominations, independent research evaluations and peer evaluations by practice area. Each year no more than 5 percent of the attorneys in the state are selected for the Super Lawyers list, and no more than 2.5 percent for the Rising Stars list.

What is Super Lawyers directory?

Through the Super Lawyers directory, we index attorneys who practice quality and excellence in their work. It is easy to browse medical malpractice attorney listings in your immediate area, search for a specific individual referred by a friend, or start narrowing your search by practice area.

Is Florida a no fault state?

Florida is a “no-fault” insurance state, but the fair attribution of fault after an auto accident can still make a big difference to your …

What is medical malpractice defense?

Medical malpractice defense attorneys represent physicians and medical businesses that are defending liability for injuries created during treatment. No matter your circumstance, use Super Lawyers to hire a local medical malpractice lawyer.

What to do after a minor car accident in Florida?

After a minor motor vehicle accident in Florida, it is important for you to do two things: hire an attorney who will protect your interests; and seek …

What is Super Lawyers directory?

Through the Super Lawyers directory, we index attorneys who practice quality and excellence in their work. It is easy to browse medical malpractice attorney listings in your immediate area, search for a specific individual referred by a friend, or start narrowing your search by practice area.

What is a super lawyer?

Super Lawyers is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of professional achievement and peer recognition. The patented selection process combines peer nominations, independent research evaluations and peer evaluations by practice area. Each year no more than 5 percent of the attorneys in the state are selected for the Super Lawyers list, and no more than 2.5 percent for the Rising Stars list.

Is Florida a no fault state?

Florida is a “no-fault” insurance state, but the fair attribution of fault after an auto accident can still make a big difference to your …

What can a medical malpractice lawyer do?

If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What are the types of anesthesia errors?

Anesthesia Errors There are multiple types of anesthesia with distinct purposes: - General: In general anesthesia, the patient is unconscious and unaware of sensations. They don’t feel any pain or remember the procedure afterward. - Regional: Regional anesthesia numbs a specific part of the body, such as an arm or leg. - Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness. This occurs when a patient regains consciousness during surgery. If anesthesia is used incorrectly and a patient is injured as a result, the negligent medical professional may be liable for the resulting damages. Some examples of negligence by an anesthesiologist include: - Administering the wrong type of dose of anesthesia - Administering anesthesia too late - Failing to put a patient under anesthesia - Failing to properly manage the administration of medications and fluids Birth Injury The birth of a child should be a joyous occasion. Unfortunately, that’s not always how it turns out. That’s because sometimes doctors fail to provide a safe childbirth process. The end result may be a debilitating birth injury such as cerebral palsy, Erb’s palsy, or brachial plexus palsy. Birth injuries can occur for a variety of reasons, but they tend to have one thing in common: They could have been prevented with reasonable medical care. Common causes of birth injuries include: - Excessive Force: If a doctor exerts too much force on a newborn baby’s neck or limb when using forceps or during vacuum extraction, it can lead to nerve damage. - Delayed C-Section: Failure to perform a C-section in a timely manner can result in injury or death to the child. - Oxygen Deprivation: Various complications can deprive a newborn of oxygen. If, for example, the umbilical cord wraps around the baby’s neck, it can lead to cognitive delay or brain damage. - Failure to Monitor: If the doctor neglects to monitor the mother and baby’s condition throughout, problems such as placenta previa or a ruptured uterus can occur. Emergency Room Errors Emergency rooms are hectic, but medical professionals are trained to manage difficult situations and must uphold a high standard of care no matter what. Negligence on the part of a doctor, nurse, or other staff member can lead to serious, debilitating injuries. Examples of emergency room negligence include: - Misreading charts, x-rays, or MRIs - Failing to diagnose a condition - Making an incorrect or delayed diagnosis - Making medication errors - Failing to recognize or treat postoperative infections - Neglecting to monitor a patient post-treatment Hospital Malpractice In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, it may be liable for any injuries caused by that employee. Hospitals are also responsible for appropriately staffing the hospital so that patients receive proper care and employees aren’t asked to do more than can be reasonably expected. They’re also charged with keeping track of patient records. Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place. However, vicarious liability does not cover the actions of independent contractors. Many doctors are not hospital employees, but rather are employed on a freelance basis while they run their own private practices. (If, however, the hospital hires a contractor without the requisite experience or credentials, the hospital may be liable for any resulting injuries.) Medical Device Errors Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings. Misdiagnosis or Delayed Diagnosis A misdiagnosis can have devastating effects for a patient. They may suffer debilitating pain, lasting physical impairments, and even death due to lack of appropriate treatment. They may also endure severe side effects from receiving treatment for the wrong condition. A delayed diagnosis can have similar outcomes, particularly as the condition progresses. Whether a patient is misdiagnosed or their condition is diagnosed too late, they’ll need to demonstrate negligence on the part of their doctor. For example: - Failure to listen: It’s the doctor’s responsibility to listen and examine the symptoms the patient is describing. - Failure to recognize key symptoms: Healthcare professionals are trained to make diagnoses based on their patients’ symptoms. Failure to make a diagnosis, despite symptoms that indicate a particular illness, may constitute medical malpractice. - Failure to examine a patient’s medical history: Physicians must examine their patients’ personal and family medical histories. An illness can worsen that otherwise would have been easily identifiable. - Ordering an improper test: If a doctor orders incorrect tests based on the symptoms described to them, they may be liable for any ensuing injuries. - Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. - Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly. Postoperative Negligence Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice. Some of the common infections, illnesses, and other conditions that arise from postoperative negligence include: Sepsis Viral infections Internal bleeding Necrotizing fasciitis Infections at the site of surgery Tissue necrosis Organ perforation Urinary tract infection (UTI) Staph infection Methicillin-resistant Staphylococcus Aureus (MRSA) Bloodstream infections Blood clots or pulmonary embolism Respiratory infections such as pneumonia Peritonitis Other Examples of Malpractice The above is not an exhaustive list. There are many other examples of medical malpractice, including: Neglecting a patient Refusing to offer proper treatment Failing to refer a patient to a specialist if their physician is providing inadequate care Performing nonconsensual surgery Failing to adhere to hospital protocols Administering drugs that interact negatively with one another Giving a drug to a patient who is allergic Neglecting to monitor or act upon changes in vital signs Failing to intubate Neglecting to inform the patient of instructions regarding a procedure

What are the damages for a patient who has passed away?

An injured patient or the family of a patient who has passed may be awarded damages for the harm caused by a negligent medical professional, hospital, or other party. These damages are intended to compensate the victim for losses they’ve suffered, and may include: Medical expenses: - Medical expenses may cover hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and other past and future costs associated with your injury. - Lost Wages and Loss of Earning Capacity: If you’re forced to take time away from work to recover from your injury, you may be eligible to collect compensation for lost wages. If you’re unable to earn the same amount of money as you did prior to your injury, you may be awarded compensation for diminished earning capacity. - Pain and Suffering: Pain and suffering damages are designed to compensate the victim for physical pain caused by their injury, as well as emotional distress (e.g., anxiety, fear, depression, and other mental suffering). - Loss of Consortium: Surviving family members may be awarded compensation for the loss of aid, companionship, and other benefits of a family relationship. - Other Damages: You may be awarded other various damages including loss of life’s enjoyment, disfigurement, and punitive damages (intended to punish severe negligence or recklessness).

What is local anesthesia?

Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Can a doctor be found negligent for failing to order a test?

Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly.