Florida Medical Malpractice Attorney
Has medical negligence in Florida affected you or someone close to you? We’re here to guide you through it. Our legal team stands strong, even against prominent healthcare facilities and multinational insurance corporations.
If harm has come to you or a loved one, or even worse, if a life was lost, we are committed to doing a thorough investigation. Our legal team, armed with significant medical understanding and proficiency in handling medical malpractice cases, delves into your medical records, collaborating with experts to provide clarity on the validity of your claim.
OUR MISSION: MAKING MEDICAL PROFESSIONALS ACCOUNTABLE
Situated in Orlando and Tampa, our dedicated team offers unparalleled support throughout Florida. We prioritize being accessible and attentive to our clients at every stage of the journey. While we cannot predict the final outcome, our promise is unwavering commitment to ensuring you receive the compensation you rightfully deserve. With a rich history in navigating medical malpractice cases, JustCallMoe Attorneys at Law is a name you can trust!
Why It’s Crucial to Have a Skilled Medical Malpractice Attorney in Florida:
Identifying a Legitimate Claim: It can be a challenge determining if medical malpractice occurred. Did the healthcare professional genuinely make a mistake? We can help clarify this.
Navigating the Process: Florida’s medical negligence claim process is intricate. Any misstep can be costly in terms of time and resources. Our team is well-versed with Florida’s legal landscape and will walk you through, ensuring every step is meticulously followed.
Evidence Collection: It’s your responsibility to prove the negligence in a medical malpractice case. This necessitates substantial evidence. We are here to amass and present this evidence compellingly.
Understanding Medical Malpractice in Florida:
In essence, medical malpractice is when the care provided by a medical professional diverges from accepted standards and results in harm to a patient.
STANDARD OF CARE: As defined by Fla. Stat. Ann. §766.102, healthcare providers must render care, skill, and treatment that is deemed appropriate by their peers in similar circumstances. If your healthcare provider’s actions are seen as inconsistent by peers in the same medical field, you might have grounds for a medical negligence claim.
However, not all undesirable outcomes indicate negligence. Medical treatments carry inherent risks, and adverse reactions can occur even when care is provided correctly. It’s crucial to distinguish between unavoidable complications and actual negligence. A second opinion and consultation with a legal advocate like us can offer clarity.
Key Components of a Florida Medical Malpractice Claim:
Per Chapter 766, Title XLV Torts, of the Florida Statutes, to receive compensation, you must establish:
– An established provider-patient relationship
– A duty of care was owed to you
– A breach in the standard of care
– Resulting injury
– Direct causation between the provider’s negligence and your injury
The crucial element here is demonstrating a tangible injury caused directly by the healthcare provider’s actions. Without this evidence, even if negligence existed, compensation remains unattainable.
Making the Connection: It’s vital to show that, were it not for the provider’s actions, the injury wouldn’t have occurred. This is known as direct causation. Equally important is to prove the injury wasn’t an expected or foreseeable result of the medical procedure.
Initiating a Medical Malpractice Claim in Florida:
A prerequisite in Florida is to notify each potential defendant of your claim. Post identification, we communicate your intent to sue via certified mail. A 90-day waiting period follows, offering defendants an opportunity to investigate. They might propose a settlement or suggest mediation. Understanding and adhering to these procedural nuances is where our experience at JustCallMoe Law truly shines.
Expert Opinions Matter: Understanding the nuances of medical malpractice requires the insights of medical professionals. We collaborate with certified medical experts in Florida to reinforce the strength of your claim and provide clarity in courtrooms.
When you can substantiate your medical negligence claim in Florida, you are entitled to both economic and non-economic damages, covering past and future medical costs, wage loss, and intangible damages like pain and suffering. Florida doesn’t cap these compensations.
For those mourning a loss due to medical negligence, the law may provide relief. You could be eligible for compensation covering various aspects, from financial support to emotional anguish.
OUR PLEDGE: Representing Floridians harmed by medical negligence with tenacity and compassion, wherever they may be.
In Florida, various instances of medical malpractice exist. A few of the primary ones include:
At JustCallMoe Law, we are experienced in addressing these challenges for victims of medical negligence.
Missed or Late Diagnosis:
It’s crucial for medical professionals to accurately identify diseases or injuries in a timely manner. There could be grounds for a claim if there’s an evident delay or misdiagnosis that exacerbates one’s condition or leads to unneeded treatments.
Mistakes with Medication:
Errors with medication, such as prescribing an incorrect medicine or dosage, can be life-threatening. Our legal team stands with families affected by these preventable mistakes, including those who’ve suffered due to opioid overconsumption.
Errors at the Pharmacy:
There are instances where pharmacists might dispense the wrong drug or dosage, leading to potential health risks. Such errors can result in severe outcomes, including overdoses and adverse reactions.
Anesthesia is vital for many procedures, but it’s intricate. Issues can arise if there’s inadequate monitoring or improper dosing, which can lead to significant injuries.
Errors during surgeries, like performing unnecessary procedures or leaving tools inside the body, are some of the gravest.
Pregnancy & Childbirth Complications:
With the U.S. seeing higher maternal and infant mortality rates, medical negligence during pregnancy and childbirth can result in dire consequences. This includes poor monitoring or missing signs of distress.
Infections Acquired at Hospitals:
Cleanliness is vital in medical environments. Infections can arise from poor sanitation practices or neglecting safety protocols.
Neglect in Nursing Homes:
Elderly patients deserve consistent and compassionate care. If negligence occurs, such as frequent falls or evident abuse, immediate action is needed.
Florida’s Timeline for Medical Malpractice Claims:
Generally, you have two years from the incident to file a claim. However, there are circumstances where this duration can extend. For instance, if there’s a delay in discovering the negligence, you might have up to four years. For specific situations, this can even extend to seven years, especially for minors.
Why Choose JustCallMoe
Our dedicated team is here 24/7, guiding you through your claims process. We’re led by Moe DeWitt, a seasoned attorney with a passion for patient advocacy against various medical entities.
We value the trust our clients place in us, offering personalized services. It’s common for our clients to communicate with us outside regular hours, emphasizing our commitment.
Our fee structure is based on contingency. If we don’t secure compensation for you, you owe us nothing. We are here to ensure justice for medical malpractice victims in Florida.
Frequently Asked Questions about Medical Malpractice Cases in Florida
What is medical malpractice?
Medical malpractice refers to the negligence or professional misconduct of healthcare providers that results in harm or injury to a patient. It occurs when a healthcare professional fails to provide a standard level of care, leading to avoidable harm.
How do I know if I have a medical malpractice case?
To determine if you have a medical malpractice case, you need to establish four essential elements: the existence of a doctor-patient relationship, the healthcare professional’s breach of the standard of care, a causal connection between the breach and your injury, and the resulting damages or harm suffered.
What is the statute of limitations for medical malpractice cases in Florida?
In Florida, the statute of limitations for medical malpractice cases is generally two years from the date of the incident or the discovery of the injury.
Can I file a medical malpractice lawsuit if I signed a consent form?
Signing a consent form does not absolve healthcare professionals from providing a reasonable standard of care. A consent form typically outlines the risks and potential complications of a procedure, but it does not grant permission for negligence or substandard treatment.
What damages can I recover in a medical malpractice case?
If you can prove your medical malpractice claim, you may be eligible to recover damages such as medical expenses, lost wages, pain and suffering, emotional distress, disability, and future medical costs related to your injury or condition.
Do medical malpractice cases always go to trial?
No, medical malpractice cases do not always go to trial. Many cases are resolved through negotiation, mediation, or settlement discussions. However, if a fair settlement cannot be reached, the case may proceed to trial.
How long does a medical malpractice case in Florida typically take?
The duration of a medical malpractice case varies depending on its complexity, the willingness of the parties to negotiate, and the court’s schedule. Some cases can be resolved within a year, while others may take several years to reach a resolution.
What is the “standard of care” in a medical malpractice case?
The “standard of care” refers to the level of care, skill, and treatment that a reasonably competent healthcare professional in the same specialty would provide under similar circumstances. In a medical malpractice case, the standard of care serves as a benchmark for determining if negligence occurred.
Can I still pursue a medical malpractice case if the injury occurred years ago?
In Florida, the statute of limitations sets a time limit for filing medical malpractice cases. However, there are exceptions in cases where the injury was not reasonably discoverable within the initial time frame. Consulting an attorney can help determine if your case falls within these exceptions.
Why do I need a medical malpractice attorney?
Navigating a medical malpractice case can be complex and challenging. A skilled medical malpractice attorney can evaluate the merits of your case, gather evidence, consult with expert witnesses, negotiate with insurance companies, and represent your interests in court if necessary. Their expertise and guidance can greatly improve your chances of a successful outcome.
How a Florida Medical Malpractice Attorney Gets Paid
When pursuing a medical malpractice case, one of the common concerns individuals have is how they will afford legal representation. The attorneys at JustCallMoe.com understand the financial worries that can arise during such challenging times. We believe in providing transparency and ensuring our clients have a clear understanding of how a medical malpractice attorney gets paid in Florida.
Contingency Fee Arrangement
In most medical malpractice cases, we work on a contingency fee basis. This means that our legal fees are contingent upon the successful outcome of your case. Here’s how it works:
1. No Upfront Costs: When you choose us to represent you in a medical malpractice case, you won’t have to pay any upfront fees. We understand that you may already be burdened with medical bills, lost wages, and other expenses. Our goal is to alleviate your financial stress and allow you to focus on your recovery.
2. Investigation and Case Evaluation: We will conduct a thorough investigation of your case, which may involve reviewing medical records, consulting with experts, and assessing the extent of your damages. This initial evaluation is typically provided free of charge during the initial consultation.
3. Attorney Fees: If we take on your medical malpractice case, our fees will be based on a percentage of the compensation we recover for you. This percentage will be determined and agreed upon in advance. Our fees are only payable if we succeed in obtaining a favorable settlement or verdict on your behalf.
4. Reimbursement of Case Expenses: In addition to attorney fees, there may be case-related expenses incurred during the course of your lawsuit. These expenses can include expert witness fees, court filing fees, medical record retrieval costs, and other necessary expenditures. We will discuss these potential expenses with you upfront and explain how they will be handled.
5. No Recovery, No Fee Guarantee: If we are unable to secure a favorable outcome in your case, you will not owe us any attorney fees. Our firm takes on the financial risk associated with pursuing your claim, and our fees are contingent upon a successful resolution.
Our contingency fee arrangement allows you to pursue justice without worrying about the financial burden of upfront legal fees. We believe that everyone deserves access to competent legal representation, regardless of their financial situation. We are committed to fighting for your rights and maximizing the compensation you deserve.
During your initial consultation, we will provide a comprehensive explanation of our fee structure and answer any questions you may have. Our aim is to ensure that you have a complete understanding of the financial aspects of your medical malpractice case.
We are dedicated to advocating for victims of medical malpractice and helping them seek the compensation they deserve. Contact us today to schedule a free consultation and let us guide you through the legal process while protecting your best interests.
Seeking Compensation for Wrongful Death Due to Medical Malpractice in Florida: Understanding Your Rights
Losing a family member due to medical malpractice is a devastating experience. If you reside in Orlando, Florida, and find yourself in this unfortunate situation, it’s important to understand your rights. Pursuing a wrongful death claim can help you seek the compensation you deserve for your loss. Wrongful death cases are different and It is important for you to understand the types of damages available.
1. Economic Damages: Financial Recovery for Tangible Losses
When pursuing a wrongful death claim, economic damages serve to compensate for tangible financial losses incurred as a result of your loved one’s passing. In Orlando, economic damages may include:
– Medical expenses related to the medical malpractice incident.
– Funeral and burial costs, ensuring your family member receives a proper farewell.
– Lost wages or future income that the deceased would have provided to their dependents.
– Financial support that the family would have received had their loved one survived.
2. Non-Economic Damages: Compensation for Intangible Losses
Non-economic damages aim to compensate for intangible losses that are challenging to quantify. In Orlando, non-economic damages in a wrongful death case may include:
– Loss of companionship, as you have lost a cherished family member with whom you shared a deep bond.
– Loss of guidance and support, particularly if the deceased played a significant role in guiding and shaping the lives of family members.
– Emotional pain and suffering, encompassing the mental anguish and emotional distress experienced by surviving family members due to the loss.
3. Pursuing Punitive Damages: Holding Negligent Parties Accountable
In exceptional cases involving extreme negligence or intentional misconduct by healthcare providers, punitive damages may be pursued. These damages aim to punish the responsible party and deter others from engaging in similar wrongful conduct. While punitive damages are not awarded frequently, their possibility exists under certain circumstances.
Contact a Medical Malpractice attorney in Orlando, Florida
If you have lost a loved one due to medical malpractice in Orlando, Florida, understanding your entitlements and seeking legal assistance is crucial. Pursuing a wrongful death claim can help you seek compensation for the economic and non-economic losses you have suffered. An experienced attorney in medical malpractice and wrongful death cases in Orlando can provide invaluable guidance, navigate the legal process, and advocate for your rights.
By consulting with a skilled attorney, you can help ensure that all applicable damages are considered and pursued within the framework of Florida law. While nothing can fully heal the pain of losing a family member, pursuing a rightful claim can provide the financial support needed to rebuild and move forward during this difficult time.
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