If you or a loved one is seriously harmed by the negligence or carelessness of a doctor, nurse, or other medical professional in Florida, it is important to speak to an experienced Florida medical malpractice lawyer. Why?
Call Today 954-504-9617 Practicing medical malpractice law, proudly serving your community. Attorneys that have confirmed to Avvo that they are open during this time are marked "Open for business" on their profile. We recommend that you contact the attorney directly to determine hours and availability.
Why? Because recent changes to medical malpractice law (a.k.a. tort reform, though it should be called tort deform) have stacked the proverbial deck against injured victims. If you try to take on a big malpractice insurance lawyer on your own, you may wind up having your legitimate malpractice case thrown out on a technicality.
60% Medical malpractice, 20% Personal injury, 10% Car accident, and more. Contingency A contingency fee is the percent of the final award a lawyer will receive as compensation. For some of these cases, lawyers will only be paid if there is a successful outcome. 25%-40%
Determining A Medical Malpractice Settlement In Florida Nationally, the average payout for a medical malpractice settlement is around $242,000.
The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].
Top 10 Largest Medical Malpractice Lawsuit Settlements of All...$74.5 Million | Negligence & Falsified Medical Records.$58.6 Million | Infant Brain Damage. ... $38.5 Million | Ethics Violation Medical Malpractice Lawsuit. ... $31 Million | Oxygen Starvation. ... $25 Million | Misdiagnosed Heart Condition. ... More items...•
6 Steps To Hire A Medical Malpractice AttorneyCheck the statute of limitations.Initiate your medical malpractice claim.Find a qualified medical malpractice attorney.Determine how much the attorney will charge.Prepare questions for the consultation, and get answers.More items...•
Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win. Updated by David Goguen, J.D. Medical malpractice cases are notoriously difficult for patients to win.
When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.
In no particular order, the following are types of the most common medical malpractice claims:Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.
Hulk Hogan: Sued for malpractice involving unnecessary spine surgery. John Ritter: Family sued hospital for wrongful death. Andy Warhol: Doctors overloaded him with fluids. Michael Jackson: Doctor helped him overdose on a cocktail of drugs including propofol.
Examples of Medical Malpractice Misreading or ignoring laboratory results. Unnecessary surgery. Surgical errors or wrong site surgery. Improper medication or dosage.
Malpractice can have devastating consequences for victims and their families, such as causing serious injury or death for the patient. To protect yourself from medical malpractice and seek justice whenever needed, it is vital to be aware of the four D's: duty, direct cause, damages, and dereliction of duty.
The Lawyer Needs Details of What Happened. Be prepared to do a lot of talking at your initial consultation. The lawyer needs to know everything about your potential medical malpractice case, and will want a lot of details. Any legal case must be based on the facts, and medical malpractice lawsuits are no exception.
For these claims, the Bible does not command that one pursue a legal claim for tort damages. But the Bible certainly does not condemn such actions. In fact, the Bible recognizes that these claims exist and it sets forth what type of compensation a civil wrongdoer is required to provide to the person they harmed.
To hear insurance executives and their right-wing lawmaker handmaidens tell it, as many as 40% of all medical malpractice claims are “frivolous.” It is their argument in favor of “tort reform” and putting caps on malpractice awards.
The number of medical malpractice suits filed in the United States tends to vary by state, with an average of 85,000 cases filed each year. A 2017 survey by the National Patient Safety Foundation and Healthcare Improvement revealed that 21% of American adults reported having suffered from a medical error.
A recent Johns Hopkins study claims more than 250,000 people in the U.S. die every year from medical errors. Other reports claim the numbers to be as high as 440,000. Medical errors are the third-leading cause of death after heart disease and cancer.
An average of 20,000 medical malpractice lawsuits are filed each year in the U.S. This number can be contrasted with the hundreds of thousands of deaths that are caused by malpractice each year and the millions of injuries.
In the case of Misty Mobley and Tavaris Sanders v. Homestead Hospital, Inc., Case Number 3D18-895 (Fla. 3rd DCA December 26, 2019), Florida’s Third DCA held that contacting an attorney and requesting medical records pursuant to section 766.204, Fla. Stat. is not sufficient to...
You may be wondering how long you have to file a medical malpractice lawsuit in Florida. Here, our Florida medical malpractice lawyers explain everything you need to know.
Read the statutes that regulate medical malpractice cases brought in Florida. For over 30 years our attorneys have been helping those injured by the negligence of medical professionals. Contact our medical malpractice attorneys by calling 1-800-974-4929
Understanding Florida Medical Malpractice Laws. If you or a loved one is seriously harmed by the negligence or carelessness of a doctor, nurse, or other medical professional in Florida, it is important to speak to an experienced Florida medical malpractice lawyer.Why? Because recent changes to medical malpractice law (a.k.a. tort reform, though it should be called tort deform) have stacked the ...
A full understanding of statute of limitations issues is essential to both case selection and analysis and the formal prosecution of each meritorious medical negligence claim. As a practical matter, the practitioner is well advised to select the earliest possible date for computation of the two-year statute of limitations which will control in most cases,...
Medical malpractice is professional negligence by a health care provider through an act or by some omission whereby the care provided deviates from the accepted standards of care that governs a medical specialty or area of practice resulting in personal injury or death. An understanding of the legal definition of "standard of care" is essential to any discussion of what truly constitutes medical malpractice.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Medical malpractice defense attorneys primarily represent doctors and medical institutions, defending liability for injuries sustained during or as a result of medical procedures.
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Attorney profiles include biographical information, education and training, and contact information to help you decide which lawyer to hire. We even show you where to find their firm web sites and personal biographies.
Attorney Santini is a former professional wrestler and is recognized as the only known attorney in the history of the National Wrestling Alliance...
Eric Bluestein concentrates his practice in personal injury, automobile accidents, medical malpractice, consumer fraud, premises liability, wrongful death litigation, insurance bad faith and commercial litigation. He has tried numerous cases and obtained verdicts in excess of one million dollars for his clients.
The Holman Law Firm has over three decades of experience providing legal advice to clients in a broad range of family law matters, including fathers’ rights, prenuptial agreements, divorce, child custody, child support, visitation, alimony (spousal support), modification of support and custody, domestic violence, and paternity. We will help guide you through this difficult time. We understand that each client is unique. Therefore, we tailor our representation to meet your specific needs. We provide straightforward advice and are committed to helping you obtain solutions to your problems and just compensation for your injuries. Motor Vehicle Accident and Personal Injury Representation: Our personal injury...
Jason Recksiedler is FLORIDA BAR BOARD CERTIFIED IN CIVIL TRIAL LAW. He is recognized as a civil jury trial expert. Jason handles claims in county, circuit and federal courts throughout the state of Florida. He served as lead counsel on cases in 19 of Florida's 20 civil circuit divisions, obtaining jury verdicts in seven different circuits. He also presented oral arguments in Florida's Second and Fifth District Courts of Appeals. He has tried Plaintiff Auto Accident, slip and fall, Civil Rights and Medical Malpractice cases, ranging from moderate to catastrophic injury and death. As a founding partner with First Choice...
Gregg attended the University of Florida followed by St. Thomas University School of Law...
All have been hard fought and won by experienced medical malpractice lawyers in the state. In one case a woman was awarded $23 million from her doctor and a medical center after not being given appropriate care for preeclampsia during her pregnancy. Although she was tested for it, and the results indicated preeclampsia, she was not treated properly and her baby was born prematurely as a result and with serious and permanent brain damage.
In 2003 Florida’s legislators created a non-economic damages cap, limiting the amount of compensation a plaintiff could be awarded for things such as pain and suffering. In 2017 that law was declared unconstitutional in a four-to-three vote by the Florida Supreme Court. The justices voting in favor of striking down the cap stated that it hurts people who have been most harmed by medical negligence. It reduces damages amounts in arbitrary ways.
The set of laws that govern malpractice cases in the state is complex and often changes with the addition of new laws and with parts that are struck down as unconstitutional, as has happened in recent years. While malpractice lawyers can guide their clients through these laws, it is also good for patients to understand some of the basic components of malpractice law in order to protect their own best interests.
The laws in Florida that govern malpractice cases are complicated and can make filing a suit daunting for anyone who is not an expert in them. The laws keep changing too, which makes it even more complex and challenging. Victims of negligence need to find experienced and dedicated malpractice lawyers and legal teams to help them make their cases and navigate all the laws that can limit getting justice for those who are not experts.
If you or a loved one is seriously harmed by the negligence or carelessness of a doctor, nurse, or other medical professional in Florida, it is important to speak to an experienced Florida medical malpractice lawyer. Why? Because recent changes to medical malpractice law (a.k.a. tort reform, though it should be called tort deform) have stacked the proverbial deck against injured victims. If you try to take on a big malpractice insurance lawyer on your own, you may wind up having your legitimate malpractice case thrown out on a technicality.
The Florida legislature implemented a “cap” on the amount of damages that can be obtained from a malpractice suit ($500,000 cap on non-economic damages when a suit is filed against a medical practitioner like a doctor or surgeon ).
However, a serious form of malpractice is the negligent administration of anesthesia resulting in anesthesia awareness. This is when you literally awake during surgery and can feel the incisions made by the surgeon.
To establish that a breach occurred, Florida’s Malpractice Act requires that you find a medical expert practicing in the same field as the doctor who committed the alleged malpractice and obtain a sworn affidavit from the doctor. Without this affidavit, your claim will be thrown out of court.
If you fail to file a claim within the defined time limit, you could be barred from ever pursuing compensation. In Florida, there is a two-year statute ...
Basically, there must be evidence that, but for the doctor’s negligence, your injuries would not have occurred. Damages. To be blunt, there must be significant harm to you or your loved one to make a Florida medical malpractice claim ...
If a hospital hires an incompetent doctor, nurse, or other staffer, the hospital could be held responsible for the harms inflicted on patients due to an employee’s negligence.
Medical malpractice is when a doctor or other health care provider fails to provide the level of care that is accepted as the norm in the medical community, and causes injury to the patient. While we believe that most health care providers always try to keep their patients’ best interests in mind, even the very best professional can make a mistake. ...
Sometimes, bringing a medical malpractice case can also lead to changes in practice that can prevent another patient from suffering the same harm in the future. If you have been harmed by a doctor or medical professional, then we may be able to assist you.
Your attorney may choose to attempt to arbitrate your case in order to get the best possible result for you and any future patients. If you and your lawyer decide to choose this option, these laws will oversee that process.
In this section you will find laws that, while not directly written to oversee medical malpractice cases, may oversee some portion of your malpractice case. Your attorney will decide which, if any, of these laws apply and will help let you know how to best address them.
It is always important to be aware that the circumstances surrounding each case are different. These cases are what attorneys and the courts use as a guideline, but the outcome may be different due to the individual circumstances of your case. If you believe you have a medical malpractice case, then please contact us.
Attorney Santini is a former professional wrestler and is recognized as the only known attorney in the history of the National Wrestling Alliance...
Eric Bluestein concentrates his practice in personal injury, automobile accidents, medical malpractice, consumer fraud, premises liability, wrongful death litigation, insurance bad faith and commercial litigation. He has tried numerous cases and obtained verdicts in excess of one million dollars for his clients.
The Holman Law Firm has over three decades of experience providing legal advice to clients in a broad range of family law matters, including fathers’ rights, prenuptial agreements, divorce, child custody, child support, visitation, alimony (spousal support), modification of support and custody, domestic violence, and paternity. We will help guide you through this difficult time. We understand that each client is unique. Therefore, we tailor our representation to meet your specific needs. We provide straightforward advice and are committed to helping you obtain solutions to your problems and just compensation for your injuries. Motor Vehicle Accident and Personal Injury Representation: Our personal injury...
Jason Recksiedler is FLORIDA BAR BOARD CERTIFIED IN CIVIL TRIAL LAW. He is recognized as a civil jury trial expert. Jason handles claims in county, circuit and federal courts throughout the state of Florida. He served as lead counsel on cases in 19 of Florida's 20 civil circuit divisions, obtaining jury verdicts in seven different circuits. He also presented oral arguments in Florida's Second and Fifth District Courts of Appeals. He has tried Plaintiff Auto Accident, slip and fall, Civil Rights and Medical Malpractice cases, ranging from moderate to catastrophic injury and death. As a founding partner with First Choice...
Gregg attended the University of Florida followed by St. Thomas University School of Law...