Medical Malpractice Lawyer
What do you have to prove to win a medical malpractice claim in Florida?
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- Wrongful Death
Answer:
As a personal injury attorney handling medical malpractice cases in
Florida, I must tell you that it is very difficult to bring a successful
medical malpractice claim in this state. In fact, under Florida law,
you're not even allowed to file a lawsuit until you obtain an affidavit
from a medical provider indicating whether they believe it is reasonably
likely that malpractice was committed, and even after doing so, you
still have to convince a jury that the damages or death was as a result
of malpractice and not a foreseeable risk of a particular procedure
undertaken by the doctor. Not all injuries at the hands of a doctor
constitute malpractice.
In Florida, to determine whether malpractice occurred, one must ask
whether the actions taken were those actions that a reasonably prudent
medical provider under the same or similar circumstances would have
taken. If a reasonably prudent medical provider would have done the same
thing, with the only difference being the result, you have no claim. An
experienced medical malpractice lawyer will have a team in place to
review the medical records and determine whether there is sufficient
evidence to show that the doctor or medical provider involved did not
follow the standards that are set by the medical community for what is
reasonably prudent to do under the circumstances. Every case is
different and a careful case evaluation by an experienced medical
malpractice attorney will help you to avoid wasting time, money and your
emotional well-being unless it is reasonably likely to result in a
favorable outcome.
Medical
Malpractice
The care or treatment rendered at a medical facility is based on the careful execution of established medical protocols for their medical and regular staff. Most medical malpractice cases result from failure to follow these established procedures as performed by their medical care providers, such as physicians, nurses, technicians, psychologists, radiology-techs, x-ray techs and others directly responsible for patient care. The information below should cover most of the basic issues that come up in a medical malpractice claim. Your specific facts, of course, need to be reviewed by myself as well as professionals to determine if you have a case. If you think you have a situation where you or someone you know suffered harm due to a medical mistake of some kind, you should contact me right away for your free consultation. I will review all the records and consult with the appropriate professional to help prove your case
Some examples of the types of situations that may give rise to a medical malpractice case include:
- Your medical providers did not anticipate a problem that arose during your procedure, which they should have.
- Your medical provider did not perform a surgical procedure properly.
- Your medical provider did not properly treat your condition.
- Your medical provider did not do the appropriate diagnostic tests to discover your condition soon enough.
- Your medical provider did not properly diagnose your condition.
- You were not fully informed of all of the risks before a particular treatment was given to you.
Important
Medical Malpractice Q&A information for Florida’s Residents
Q: Can you give me some examples of medical malpractice?
- An internist who documents a patient’s complaints of stomach pain and never orders diagnostic testing until the patient finally is found to have a large untreatable tumor.
- A cardiologist who never does a stress test for an obese patient who later dies of heart blockage that would have been discovered in a stress test.
- You suffer a hemorrhage during a surgical procedure due to a doctor error.
- You were treated with the wrong medication for the problem you complained of, making the condition worse.
- You went in for a procedure that you were told was simple and had no real risk of complications, only to suffer a complication that was not disclosed by the doctor ahead of time.
- A dermatologist who decides that a mole does not need to be
biopsied, only to result in a cancer growth down the road
that should have been removed, had a biopsy been done earlier. - An x-ray technician who forgets to put the brakes on a
stretcher, resulting in the patient falling when trying to get out
of bed
to go to the bathroom, resulting in a fractured hip.
This list gives just a few examples of the types of
medical mistakes that could rise to the level of medical malpractice
in Florida. Please understand that there are many other
types of medical malpractice cases, and for any of these types of cases,
a medical provider needs to review the records to determine whether a
mistake occurred. If you are not sure whether your particular
circumstances rise to the level of medical malpractice, you should
contact my office so that we can evaluate your situation in more detail.
Q: How do you prove that a doctor or some other type of medical care provider departed from the standard of care that they are required to follow?
A: Professional witnesses, who are usually other medical providers in the same area of specialization of the one that is being accused of malpractice, will testify as witnesses in the form of either an affidavit, or live testimony, if the case does not settle. These witnesses will usually provide their opinion as to whether the actions of the medical provider (the defendant, in your case) followed standard medical practice or deviated from the standard medical practices that a reasonably prudent medical provider – under the same or similar circumstances – would have followed. The issue is simply whether they fell below the standard of care that other practitioners in the community would have followed. In determining whether an orthopedic surgeon was negligent, for example, a jury would hear testimony from a professional to determine what a competent orthopedic surgeon in the same community would have done under the same or similar circumstances.
Q: If I am going to meet with you to evaluate my medical malpractice claim, what type of information will you need?
A: It is critical that you be honest with your lawyer and that you tell your lawyer everything there is to know about your case. There is nothing worse that can occur and nothing that can ruin your case sooner than a simple lie or failure to communicate all important information with your lawyer. You may not feel that a simple matter is critical to your case, but sometimes the smallest inconsistency can ruin a case. If you have any doubt that a piece of information will be important for the lawyer to know, you should always err on the side of caution and let your lawyer know. Let your attorney decide whether it is important to disclose that information to the other side or not. The attorney will have to ask you detailed questions about the medical care that was received. It is a good idea, prior to meeting with the lawyer, to write down as much information as you can recall about your situation, as well as all of the statements made by the medical provider and any treatment given to you by that medical provider, with dates, etc. If you don't have dates and times, it is not critical to your case, but the more detailed the information, the better for your lawyer and your case.
You should also be very clear on your prior health history and progress so that a professional can evaluate your situation to determine whether malpractice occurred. Your prior medical history is critical, not only for determination as to whether the diagnosis was proper, but also as to whether a malpractice claim would even be viable.
Q: What is a Medication Error?
A: A medication error may be related to procedures, healthcare products, professional practice, and systems including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use. The common types of errors involving medication that I have handled over the years would include situations in which the patient receives medication that is mislabeled; where the patient is given the completely wrong medication; where there is medication that conflicts with other medication that the patient is taking, or where the patient is provided with an incorrect dosage of medication. Let Robert Gluck help you get the compensation you deserve for the negligence of others in the medical profession. You can just email or call me to get started or with any questions you may have.