All professionals must use a certain standard of care when treating, advising, or otherwise helping individuals. Medical professionals in particular must use a high degree of care when they treat patients. If you or someone you love experiences a serious injury or illness because of a health care practitioner’s negligence, you deserve fair compensation for your losses, pain, and suffering. We understand the complexities of Florida medical malpractice cases. Together, we can hold physicians and other medical professionals accountable for their injurious actions.
What Constitutes Medical Malpractice?
Negative health care outcomes do not automatically constitute medical malpractice. A health care practitioner can act reasonably and still fail to diagnose an illness or make a mistake during high pressure situations. We are not here to hold health care practitioners to unreasonable expectations. Acts of medical malpractice include any negligent and preventable actions that lead to a patient’s suffering. Medical malpractice claims may involve one or more of the following actions:
- Failing to reasonably diagnose a patient’s serious condition
- Delaying to diagnose a serious condition
- Performing errors in surgery such as leaving surgical implements behind, operating on the wrong body part, or performing the wrong type of surgery
- Failing to warn patients about all attendant risks and side effects associated with treatment plans
- Misreading test results
- Prescribing the wrong medication
- Failing to receive informed consent from a patient before taking action
- Causing a birth injury
In the state of Florida, all plaintiffs must secure a “verified written medical expert opinion” in accordance with state laws to pursue a medical malpractice claim. In other words, if a medical expert does not agree that an act of malpractice took place, we cannot pursue a medical malpractice claim against the defendant.
Obtaining Damages in Medical Malpractice Cases
Our state limits the amount of financial compensation an injured individual may secure in a medical malpractice case. If you file a claim against a doctor or other individual practitioner, the cap is $500,000. For non-practitioners, such as hospital systems or other health care organizations, the cap is set at $750,000.
In extreme cases resulting in death, a vegetative state, or other catastrophic injuries, the court may grant a higher amount to the victim or the victim’s family. An experienced Florida malpractice attorney can help you determine if moving forward with a malpractice case makes sense from a legal and financial perspective.
How Your Attorney Can Help
Our founding attorney, Brandon Stein, and his associates have a reputation for success in the state and around the country. They will serve as your compassionate advocates throughout the malpractice case as well as an invaluable legal resource along the way. Whether you need help finding qualified medical care or negotiating with insurance providers, SteinLaw will serve as your legal advocate throughout the case and beyond.
What to Do if You Suspect Malpractice
If you suspect an act of malpractice, ask for a copy of all of your medical records. Go to another physician for a second opinion and explain all of your symptoms and concerns. Feel free to call our office at any time for a no cost, no obligation consultation. We can help you find a physician to provide a second opinion, or we can take your physician’s second opinion and start working on your case right away.
Health care practitioners should always put their patients’ health first. When they fail to do so, they fail to uphold their duty as health care professionals. Protect yourself and others from suffering the same fate. Take action against health care providers who fail to act in their patients’ best interests.