Florida Medical Malpractice Lawyers
Trusted Medical Malpractice Attorneys in Florida
Noone visits a doctor’s office or schedules a routine surgery with the expectation of suffering a serious medical injury, however researchers at Johns Hopkins Medicine found that medical errors are the third leading cause of death among American adults.
Along with the physical impact, a serious medical mistake can upend your ability to work, drain your savings, and make it hard to trust any provider again. You are left wondering what went wrong, who is responsible, and whether you have any recourse at all.
If you or someone in your family suffered serious harm because of medical malpractice, you may be able to seek compensation. An experienced Florida medical malpractice lawyer can assist you with your claim, hold healthcare providers accountable, and pursue the compensation you deserve. Call Lesser, Landy, Smith & Siegel, PLLC at 561-655-2028 today for a free consultation.
What is a Medical Malpractice Claim
Medical malpractice is a specific area of personal injury law that allows an injured patient to seek compensation from a healthcare provider when that healthcare provider’s negligence causes her injury. Lawsuits that arise from a healthcare provider’s negligence can be known as medical malpractice or medical negligence claims.
In general, a plaintiff must be able to prove the following elements to succeed in a medical malpractice lawsuit:
- Duty: Healthcare provider owed the patient a duty of care;
- Breach of the duty of care: Healthcare provider breached the duty of care by failing to behave as another healthcare provider in the same field and in a similar geographic area would have behaved under similar circumstances;
- Causation: Healthcare provider’s breach of the duty of care caused the patient’s injury; and
- Damages: Patient suffered harm and actual damages as a result of the negligence
Liability in a Medical Malpractice Claim
While many people think about medical malpractice lawsuits as a way of holding doctors accountable, many different parties can be liable in a medical malpractice claim in Stuart, including but not limited to:
- Physician;
- Surgeon;
- Nurse;
- Hospital or doctor’s office staff worker;
- Hospital itself;
- Medical records employee;
- Laboratory;
- Laboratory technician;
- Pharmacist; and/or
- Dentist.
From Missed Diagnoses to Surgical Errors: What Malpractice Can Look Like
Medical malpractice cases typically involve a series of avoidable failures that should never have occurred. Our medical malpractice lawyers have reviewed claims of all types, including:
Diagnostic Errors
- Failure to Diagnose
- Misdiagnosis
- Delayed Diagnosis
- Failure to order test
Surgical Errors
- Performing wrong-site surgery
- Failure to adequately prepare for surgery
- Improper Technique
- Unnecessary surgical procedure
- Leaving a foreign object in the patient
Anesthesia Errors
- Failure to Risk Stratify
- Failure to Monitor the patient during a procedure
- Improper administration of anesthetic
Medication ErrorsÂ
- Prescribing the wrong medication
- Prescribing the wrong amount of medication
- Failure to recognize patient is allergic to medication
- Filling the wrong type or amount of medication.
Incidents like these happen in hospitals, clinics, surgical centers, and long-term care facilities across Florida. And they usually share a common thread: trained professionals failed to adhere to established standards of care, leaving someone else to live with the consequences.Â
Birth Injury Malpractice: Injuries to Mothers and Infants
Birth injuries can occur to both the mother and baby as a result of medical malpractice. Some of the more common types of birth injuries that occur as a result of medical malpractice, include:
Injuries to Baby
- Oxygen deprivation resulting in damage to the brain
- Trauma during the delivery resulting in brain damage
- Cerebral Palsy
- Nerve damage to arm or Brachial Plexus Injuries causing paralysis or weakness to the arm or hand
- Wrongful Birth: Birth of a severely disabled child because of a healthcare provider’s misinformation and negligence
- Kernicterus: Brain Damage to a newborn due to elevated levels of bilirubin (jaundice)
- Death or Stillbirth
Injuries to Mother
- Uterine Rupture
- Postpartum Hemorrhage
- 3rd and 4thdegree vaginal laceration
- Death
Common Types of Medical Malpractice
Diagnostic Errors
- Failure to Diagnose
- Misdiagnosis
- Delayed Diagnosis
- Failure to order test
Surgical Errors
- Performing wrong-site surgery
- Failure to adequately prepare for surgery
- Improper Technique
- Unnecessary surgical procedure
- Leaving a foreign object in the patient
Anesthesia Errors
- Failure to Risk Stratify
- Failure to Monitor the patient during a procedure
- Improper administration of anesthetic
Medication ErrorsÂ
- Prescribing the wrong medication
- Prescribing the wrong amount of medication
- Failure to recognize patient is allergic to medication
- Filling the wrong type or amount of medication.
How Medical Malpractice Claims Work in Florida
Malpractice cases in Florida follow their own set of rules, which are stricter than those for other types of personal injury claims. The process begins earlier and requires expert review from the outset.
Pre-Suit Investigation
Before any case can move forward, Florida law requires a formal pre-suit investigation. That includes collecting all relevant medical records, engaging a qualified expert who practices in the same field as the provider, and obtaining an affidavit that confirms malpractice is likely to have occurred.Â
The Statute of Limitations
Under Florida Law (Fla. Stat. § 95.11), medical malpractice claims have a two-year statute of limitations. This means that a patient must file a claim within two years from the date of the injury, or within two years that the patient discovered (or reasonably should have discovered) the injury.
Damage Caps
There are also restrictions on the types of damages you can recover through a medical malpractice claim. Certain caps may apply, and the rules differ for cases involving public hospitals or state-run facilities. Therefore, you need to be represented by someone who is familiar with Florida medical malpractice law and has experience handling cases in this state.
How a Malpractice Case Comes Together
Most people do not decide to file a malpractice claim right away. They start with questions:
- What happened?Â
- Why wasn’t this caught earlier?Â
- Is there anything I can do about it now?
Once someone reaches out to us, the first step is getting the facts. That means pulling your medical records, reviewing your healthcare provider’s notes, and understanding exactly what decisions were made. It also means examining what was not done: the tests a medical provider failed to order, the referrals they overlooked, and the symptoms they disregarded.Â
Your lawyer’s job is to connect the dots. That includes organizing thousands of pages of records, pinpointing breakdowns in care, and preparing the expert affidavits required in Florida medical malpractice cases. Your job is to be honest, stay involved, and receive the necessary medical treatment while the legal aspects of the matter move forward.
What if a Loved One Died from Medical Negligence?
Under Florida law, you can also take action when medical negligence or misconduct leads to a loved one’s death. The personal representative of the deceased’s estate may be able to file a wrongful death claim on behalf of the surviving spouse, parents, and children to recover losses resulting from the death.Â
If a healthcare provider missed a warning sign, made a critical error, or failed to act when they should have, you and your family deserve to know. Our South Florida medical malpractice lawyers can help determine if the facts support a wrongful death case and what damages you may be entitled to claim.
Damages in a Florida Medical Malpractice Claim
In Florida, you may be able to recover compensation for a wide range of losses related to medical malpractice. But calculating those losses isn’t just about assigning dollar amounts. Every case reflects a real story. One person may face a lifetime of lost income because of a disabling injury, while another might be caring for a child who now needs round-the-clock support after a preventable birth injury.
Compensation for medical malpractice may cover:
- Past and future medical expenses
- Time missed from work and long-term loss of earning capacity
- Physical pain that affects daily life
- Emotional distress that changes how you move through the world
- The toll this takes on your relationships, independence, and long-term plans
In cases involving serious or permanent injury, the amount can increase based on your age, future care needs, and how fully you recover. That is why it is not enough to estimate the cost of what has already happened. Your lawyer should build a claim that reflects what lies ahead, financially and personally.
Do you think you may be a victim of medical malpractice?
Our Notable Florida Medical Malpractice Results:
- Confidential eight figure settlement for brain injured toddler.
- Confidential eight figure settlement for baby who suffered brain injury from kernicterus (jaundice).
- $9,000,000 settlement for family of woman killed by medical malpractice.
- $6,500,000 arbitration award for daughter of woman killed by medical malpractice.
- $4,056,000 verdict for family of 72-year-old man killed during unnecessary cardiac procedure.
- $3,205,000 verdict for patient who suffered an above the knee amputation due to delay in diagnosis of an infection.
Contact a Medical Malpractice Lawyer Today
Did you suffer a serious injury as a result of a healthcare provider’s negligence? If you or someone you love got hurt because your doctor made a mistake, you should learn more about filing a medical malpractice claim. An aggressive yet compassionate West Palm Beach medical malpractice lawyer can get started on your case today. Contact Lesser, Landy, Smith & Siegel, PLLC at (561) 655-2028 for more information about medical negligence cases we handle for patients and their families in South Florida.
