Many citizens place their trust in medical providers in times of need. However, a medical professional can still make mistakes. When a healthcare professional’s actions injure or aggravate a patient’s pre-existing condition, they can be held liable for their medical negligence.
If you believe you have a medical malpractice claim on your hands in Florida, you should consult with a medical malpractice lawyer. Geber Law is an experienced medical malpractice law firm in Florida that has been active since 2001.
We have seen it all through our decades of handling medical negligence cases and understand the physical, psychological, and financial consequences patients suffer after their healthcare provider fails in their duty of care to them. You deserve proper treatment for your condition and fair compensation for the injuries and harm you were exposed to.
Let experienced Florida medical malpractice attorneys guide you through your medical negligence claim and hold the responsible parties accountable for their negligence. Contact our law firm today for a free consultation, learn what is considered medical malpractice, if you have a valid claim, and let our medical malpractice attorneys in Florida help you seek justice and fair compensation for your injuries and other damages.
Here is what you should know about Florida medical malpractice cases, damages victims may seek, applicable laws and regulations, and how medical negligence lawyers can help you.
Why You Should Seek Legal Representation in Medical Malpractice Cases
When you pursue a medical malpractice case in Florida against your medical provider, you must be entirely sure that the healthcare provider failed in providing you with the standard of care and that the medical professional’s actions were negligent, wrongful, or intentional.
Healthcare professionals, although liable for medical errors or reckless conduct, are protected by the institutions they work for and insurance companies. This means that victims will face various entities while pursuing their medical malpractice claims.
Apart from medical malpractice lawyers and other healthcare professionals who are not responsible for your medical error or negligence, everyone will try to hide the medical mistakes, diminish your claim, and reduce liability.
Injured patients who have been exposed to substandard medical care must not only deal with their medical issues, injuries, and financial distress now but also try to expose the liable parties and prove fault.
Without knowledge of Florida medical malpractice laws and regulations, victims risk losing their claim or being offered lesser compensation for their harm.
Florida medical malpractice lawyers can relieve many of the burdens injured patients face and help them determine how and why the medical malpractice occurred. Medical malpractice lawyers will help the victim gather evidence such as medical records, expert witness testimonies to highlight the prevailing professional standard of care and how the medical procedure was not carried out accordingly.
In a Florida medical malpractice case, there can be multiple liable parties, not just the healthcare provider. Or your medical provider might not be responsible for the negligence, but instead, a medical assistant helping the doctor, which is why a thorough case examination is necessary.
Once the medical malpractice attorney prepares your case, they will negotiate with the health care provider’s insurance company for fair compensation for your personal injury and other damages. Working with a medical malpractice lawyer does not necessarily mean that you will have your case brought to the courtroom.
On the contrary, it will help you settle your case faster. If negotiations fail, you can pursue a medical malpractice lawsuit. Florida medical malpractice lawsuit specialists can highlight the damages you have been exposed to in court and advocate for your rights. Similarly, if you have lost a loved one due to medical malpractice, a lawyer can help you pursue a wrongful death claim. Contact Gerber Law for a free case evaluation today and learn more about Florida medical malpractice claims.
Overview of Medical Malpractice Laws and Regulations in Florida
Receiving substandard medical care that results in injuries or other consequences is punishable by law. Healthcare providers are expected to take care of their patients, and if they cannot, at least avoid harming them.
When a medical professional fails to adhere to the standard of care, they can be held liable for all the economic and non-economic damages victims suffer. However, evidence is necessary to highlight the healthcare workers’ negligence.
Under Florida law, victims of medical malpractice must pursue their claim within two years from the date of their accident or discovery of the injury. Failure to pursue a medical malpractice case beyond this legal timeframe will result in the victim losing the right to pursue a claim unless special circumstances apply to their case.
In medical malpractice cases, where a loved one passed away due to the negligent actions of a doctor, physician, physician assistants, paramedics, or other healthcare professionals, Florida’s statute of limitations begins from the date of death.
Although the Florida statutes placed a damage cap on medical malpractice wrongful death cases, the high courts have ruled it out as of 2024. Since the state of Florida follows a pure comparative negligence system, victims of medical malpractice claims can be assigned fault for negligence.
As long as a victim of medical malpractice does not injure themselves intentionally or does take reasonable steps to prioritize their health, it is unlikely that they will be assigned fault. A FL medical malpractice lawyer can help injured victims prove fault or defend against allegations of self-harm.
Common Types and Examples of Medical Malpractice Claims & Incidents
Medical professionals can commit malpractice in various ways. Some common types and examples of medical malpractice instances include:
- Anesthesia errors
- Defective medical devices
- Delayed diagnosis or failure to interpret diagnostic tests
- Inappropriate medical treatment/prescription
- Misdiagnosis
- Surgical errors or other issues related to the surgical procedure
- Medical device errors
- Wrongful death
- Doctor negligence
As exemplified above, you can experience medical malpractice in many ways; sometimes, it is difficult even to realize it. However, if your symptoms worsen over time or your healthcare provider acts strange, delays prescriptions, diagnostics, or is evasive in other forms, then it’s time to consult with Florida medical malpractice attorneys and take matters into your own hands.
At Geber Law, we understand the many forms medical malpractice can take. Our dedicated medical malpractice lawyers will help you not only expose the negligent actions of your healthcare provider and hold them liable but also provide you with a vast network of expert healthcare providers to prioritize your health.
How A Florida Medical Malpractice Lawyer With our Law Firm Can Help
At Geber Law, we take a comprehensive and strategic approach to building medical malpractice claims and prioritize victims of medical negligence. A Florida medical malpractice attorney with our firm will thoroughly analyze the circumstances of your case to assess its merits, identify the liable parties, gather evidence, negotiate for a fair settlement, and uphold your rights in trial proceedings if your case reaches this stage.
We will help you calculate your damages and collaborate with third parties, such as medical experts, to highlight the severity of your injuries and breach of the standard duty of care owed to you. A Florida medical malpractice lawyer will ensure your case is compelling, properly documented, and compelling, leaving no stone unturned in pursuing justice.
The Role of Expert Witnesses and Medical Professionals in Medical Malpractice Claims
Unlike a motor vehicle accident or other type of personal injury claim, establishing medical malpractice requires the expertise of specialized medical professionals who can provide testimony and evidence to support a victim’s case.
At Geber Law, our medical malpractice lawyers have established a network of trusted expert witnesses throughout our years of practice, including doctors, nurses, and other healthcare providers. They will be crucial in offering valuable insight and analysis to strengthen your claim.
Filling a Medical Malpractice Lawsuit in Florida
If, while pursuing your medical malpractice claim, the at-fault party and their insurance companies do not want to settle the issue outside the courtrooms, you must file a lawsuit against them.
Do not let this discourage you, though. It is merely an intimidating tactic or a way to delay the inevitable. In some instances, negligent healthcare providers hope to prove that the injured victim is responsible for their own harm.
If they can prove this, the victim can be assigned a percentage of fault or lose their ability to sue for damages if they are over 50% at fault. However, our medical malpractice lawyers in Florida are well-versed in the necessary steps to ensure a successful lawsuit and will fiercely advocate for your rights and best interests.
Potential Compensation For Medical Malpractice Victims
Medical malpractice victims can pursue various types of damages in their claims. Sometimes, damages can differ. For example, in wrongful death claims related to medical malpractice, the surviving family members can pursue medical and funerary expenses, lost future earnings and benefits that the deceased spouse would have provided to the family, loss of companionship, loss of household services, and more.
However, for general medical malpractice claims, victims can pursue the following types of compensation:
Economic damages
Economic damages are tangible monetary losses that the medical malpractice victim suffers as a result of medical negligence. This can include lost wages, medical expenses, and loss of earning capacity. Our Florida medical malpractice lawyers will help you pursue compensation for your past, present, and future lost income, medical expenses, and the need for additional treatments caused by the consequences of your medical malpractice.
Non-economic damages
Non-economic damages are intangible losses that a victim suffers in personal injury cases. This can refer to pain and suffering associated with the injury or its aggravation, emotional distress, anxiety, mental anguish, and more. Our Florida medical negligence lawyers will guide you throughout your claim and connect you to the necessary healthcare providers, including therapists, which will facilitate the creation of the necessary documents to act as evidence and help you pursue these types of damages in your medical malpractice claim.
Punitive damages
In medical malpractice cases where a healthcare provider’s actions were particularly reckless or egregious, victims can also pursue punitive damages. These types of damages are awarded by the court and are meant to punish the defendant and deter them from similar conduct.
No matter what type of medical malpractice claim you wish to pursue in Florida, at Geber Law, we have the necessary resources to take on a case against anyone. We work on a contingency fee basis, meaning you won’t have to pay anything unless we win your case. Contact our law firm today and receive a free case consultation for your medical malpractice claim and learn more about your legal rights and options. Let us help you seek justice. To learn more about the other personal injury services we offer feel free to visit our injury lawyers in Florida page.
