Category Archives: Medical Malpractice
What Are the Odds of Winning a Medical Malpractice Lawsuit?
Medical malpractice cases are difficult to win. The statistics show that the defendants win most cases. This means juries rule on the side of the doctor or hospital instead of the injured patient. However, these cases also frequently have weak evidence and little support for the victim. This makes having an experienced and skilled… Read More »
Can I File a Medical Malpractice Claim Myself?
You can file a medical malpractice claim yourself in Florida and most other states. However, suing for medical malpractice can be extremely complicated. The legal procedures are detailed, with rigid filing time limits. If you overlook information, use the wrong format, or miss a deadline, you could lose your chance for compensation. Rather than… Read More »
Can You Sue a Hospital in Florida for Medical Malpractice?
If a Florida hospital, or its employees or agents, acts negligently and causes serious harm, patients have the right to hold the facility accountable. This often occurs if the hospital staff fails to provide adequate care or if the hospital does not have adequate policies and procedures to protect its patients. If you believe… Read More »
Do all Medical Malpractice Cases Need to Go to Court?
No, not all medical malpractice cases need to go to court. Many claims of this type are resolved before going to trial. A Florida medical malpractice attorney with our firm can help you navigate the legal process. Our trial-tested team can negotiate for the maximum compensation possible or pursue your losses with a lawsuit… Read More »
How to Prove Medical Malpractice
To prove medical malpractice, you must show that you suffered an injury because of negligence or a medical mistake. Medical malpractice claims are complex, and establishing fault for this error can be challenging. You must gather medical and scientific evidence and apply it under Florida law. There are many pitfalls with medical malpractice claims,… Read More »
Statute of Limitations on Medical Malpractice in Florida
If you or your loved one suffered an injury due to negligent medical treatment, you may have a claim for compensation. However, to recover damages, you must pursue your losses before the statute of limitations on medical malpractice in Florida expires. A medical malpractice lawyer with our firm can explain important case deadlines and… Read More »
Suing a Hospital vs. Suing the Doctor for Medical Malpractice
If you or a loved one suffers medical malpractice injuries, it may be difficult to determine who you can hold accountable. It could be the doctor (or another care provider), the hospital, or both. Some factors that play a role in this include: The relationship between the care provider and the hospital The medical… Read More »
Who Can Sue for Medical Malpractice in Florida?
Parties injured by medical negligence can sue for medical malpractice in Florida. Parents and guardians can also take legal action on behalf of minor children or adult wards. If a medical malpractice injury results in a fatality, the deceased’s personal representative can sue on behalf of the estate and surviving family. If you or… Read More »
How Long Do You Have to Sue a Doctor After Surgery?
If you suffered preventable complications related to surgical errors and malpractice, you could have a viable medical malpractice case. However, you must act quickly. Florida law sets strict deadlines for suing your doctor after a surgical complication. You could have as little as two years to file the complaint, and there are other steps… Read More »
How Do I File a Malpractice Suit Against a Doctor?
Florida’s medical malpractice process is complex. You will want to work with an experienced attorney to file a malpractice suit against a doctor. You must follow strict legal procedures or risk losing the right to hold the doctor legally responsible. When you hire a Florida medical malpractice lawyer to manage your case, they will… Read More »
Burden of Proof in a Medical Malpractice Case
Medical malpractice cases require the injured party, or plaintiff, to prove–by the greater weight of the evidence–that a healthcare provider was negligent and caused the plaintiff’s injuries, per Florida Statutes § 766.102. This requirement, called the burden of proof, typically rests with the patient filing the lawsuit. Another way to describe it is that… Read More »
What Is the Difference Between Medical Malpractice and Negligence?
Medical malpractice occurs when a doctor or another healthcare provider acts negligently, meaning their careless or reckless actions cause a patient to suffer preventable harm. Victims of medical malpractice can hold the at-fault parties accountable and recover compensation just like victims of other negligence injuries can. Florida law has specific legal definitions and processes… Read More »
When Should You Hire a Medical Malpractice Lawyer in Florida?
You should hire a Florida medical malpractice lawyer as soon as you suffer an injury you believe resulted from a medical error. The state has complex medical malpractice laws, and medical negligence can be challenging to prove. Engaging legal help from the outset can give your attorney plenty of time to build a solid… Read More »
Cauda Equina Syndrome Caused by Medical Malpractice
Cauda equina syndrome (CES) is a rare but serious health condition that can result from a failure to diagnose and treat the signs of a cauda equina injury. If you or your loved one has cauda equina syndrome caused by medical malpractice, a liable party may owe you compensation. Read on to learn more… Read More »
Will I Need To Do A Physical Examination For A Medical Malpractice Case?
It may not come as welcome news, but there is a good possibility that you must undergo a physical examination when pursuing a claim for medical malpractice. This issue often arises even before litigation gets underway, as Florida’s medical malpractice statute imposes certain presuit rules. A plaintiff cannot file a lawsuit until 90 days… Read More »