When we put our health in the hands of medical professionals, we expect to receive competent and attentive care. Unfortunately, mistakes can and do happen, and some of those mistakes are preventable. When a medical provider fails to meet the accepted standard of care and a patient is harmed as a result, the injured patient may have a valid medical malpractice claim. If you believe you have a medical malpractice claim and would like to speak with a seasoned personal injury lawyer about your case, simply contact Ullian Trial Law today.
What is Medical Malpractice?
Medical malpractice, which is outlined in Chapter 766 of the Florida Statutes, occurs when a healthcare provider, such as a doctor, nurse, hospital, or other licensed medical professional, breaches the prevailing professional standard of care, resulting in injury to a patient. The “standard of care” refers to the level and type of care that a reasonably prudent healthcare provider in the same field and under similar circumstances would provide. If a provider’s actions, or inaction, fall below this standard and cause harm, it may be considered malpractice.
Our Medical Malpractice Services
Here at Ullian Trial Law, our legal team proudly represents clients who’ve been harmed by medical professionals in various ways, including the following:
- Surgical Errors: A mistake in the operating room can leave lasting physical and emotional scars. Whether it’s a wrong-site surgery, instrument left behind, or a preventable complication, we will fight to hold negligent surgeons accountable for the harm they cause.
- Anesthesia Errors: Even small miscalculations in anesthesia can have devastating consequences, from brain damage to wrongful death. Our firm works with medical experts to expose these errors and demand justice for patients and their families.
- Medication Errors: Patients trust that their prescriptions will help, not harm them. If you suffered due to being given the wrong medication, the wrong dose, or a dangerous drug interaction, we’re ready to hold the responsible parties liable.
- Hospital Negligence: Hospitals should be places of healing, not harm. We take on cases involving unsanitary conditions, understaffing, improper monitoring, and other negligent practices that cause injury or worsen a patient’s condition.
- Pressure Ulcers: Bedsores are almost always preventable when proper care is given. If you or a loved one developed painful pressure ulcers due to neglect, our team will pursue accountability and compensation from those responsible.
- Birth Injuries: A single act of negligence during childbirth can change a family’s future forever. From oxygen deprivation to improper use of forceps, we are committed to seeking justice for parents and children affected by avoidable birth injuries.
- Diagnosis Errors: Failing to diagnose, or misdiagnosing, a serious condition can delay life-saving treatment. We investigate medical records and work with experts to prove when a diagnosis error was preventable and demand the compensation you need to move forward.
- Nursing Home Abuse: Elderly residents deserve dignity, respect, and safety. If your loved one suffered neglect, physical harm, or emotional abuse in a nursing home, we will work relentlessly to protect their rights and hold wrongdoers accountable.
If you or a loved one is a victim of any of the aforementioned, a medical malpractice lawyer from our firm stands ready to fight for the justice you deserve.
Your Rights as a Patient
As a patient in Florida, you have certain legal rights designed to protect you from unsafe, unethical, or negligent medical treatment. These rights empower you to make informed decisions about your healthcare and to hold providers accountable when those rights are violated. Your rights as a patient in Florida are as follows:
- The right to be treated with respect and dignity at all times.
- The right to a clear and thorough explanation of your diagnosis, treatment options, and potential risks or side effects.
- The right to provide informed consent before any medical procedure or treatment begins.
- The right to refuse treatment, even if your doctor disagrees with your decision.
- The right to access and obtain copies of your medical records.
- The right to privacy regarding your medical history and treatment.
- The right to request a second opinion from another qualified healthcare provider.
- The right to know the names and professional credentials of the individuals providing your care.
If one or more of these rights has been violated and harm has resulted, you may have grounds for a medical malpractice claim, and an experienced lawyer from our firm can help.
Proving a Medical Malpractice Claim
Successfully pursuing a medical malpractice claim in Florida requires proving specific elements. Under state law, the burden is on the patient (the plaintiff) to establish that the healthcare provider’s conduct amounted to malpractice. There are four key elements that must be proven, which are as follows:
- Duty of Care: You must show that a provider-patient relationship existed, which establishes the duty of care. In other words, the provider had a legal obligation to treat you according to the accepted medical standards for their profession.
- Breach of Duty: Evidence must demonstrate that the provider’s actions, or failure to act, fell below the prevailing professional standard of care. This typically requires testimony from qualified medical experts who can explain what a competent provider would have done in the same situation.
- Causation: It is not enough to prove that the provider was negligent. You must also prove that this negligence directly caused your injury. This means showing that you would not have suffered harm if the provider had met the standard of care.
- Damages: You must prove that you suffered measurable harm as a result of the malpractice. Damages may include medical bills, lost income, physical pain, emotional suffering, or other losses.
In addition to proving these elements, Florida law, specifically Chapter 766 of the Florida Statutes, imposes detailed presuit requirements before you can even file a lawsuit. This process is designed to discourage frivolous claims and ensure that there are reasonable grounds to believe malpractice occurred. Failure to comply with these presuit requirements can result in dismissal of the case.
Recoverable Compensation
If you have been the victim of medical malpractice, you may be entitled to compensation for both economic and non-economic losses. The specific damages you can recover will depend on the facts of your case and the extent of your injuries. Common types of compensation are as follows:
- Medical Expenses: This can cover past and future medical bills related to your injury, including hospital stays, surgeries, medications, physical therapy, and rehabilitation.
- Lost Income: If your injury caused you to miss work or reduced your ability to earn an income, you can recover lost wages and loss of future earning capacity.
- Pain and Suffering: This includes compensation for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life caused by the malpractice.
- Disability and Disfigurement: If your injury resulted in permanent disability, scarring, or other lasting changes, you may be entitled to additional damages.
- Wrongful Death Damages: If malpractice results in a patient’s death, surviving family members may be able to recover compensation for funeral expenses, loss of companionship, and loss of financial support.
While some states impose caps on non-economic damages in medical malpractice cases, Florida’s previous cap on such damages was struck down by the Florida Supreme Court in 2017. This means there is currently no statutory limit on non-economic damages for most cases, although each claim must still be supported by strong evidence.
Statute of Limitations for Medical Malpractice Claims in Florida
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the incident occurred or from the date the injury was discovered, or should have been discovered, with reasonable diligence. This is often referred to as the “discovery rule.” However, there is also an absolute deadline: no claim can be filed more than four years from the date of the alleged malpractice, regardless of when the injury was discovered, unless there is evidence of fraud, concealment, or intentional misrepresentation by the healthcare provider. In cases involving children under the age of eight, there may be additional exceptions.
Contact a Medical Malpractice Lawyer in Indian River County
If you believe you or a loved one has been harmed due to a careless medical professional, contact a knowledgeable medical malpractice lawyer at Ullian Trial Law. We are committed to guiding you through every step, from the initial investigation to resolution, with the goal of obtaining the justice and compensation you deserve. Reach out for a free case evaluation today.
