Florida Medical Malpractice FAQs
I have complications from a surgery. Can I sue?
You can file a lawsuit if the doctor or the hospital negligently or unnecessarily performed the surgery, or you were injured as a result of a surgical error. However, if the doctor or hospital was not negligent, and the complications were expected, then you most likely will not be able to sue. “Expected complications” are usually the kinds of things you hear about when your doctor explains the procedure, or when you sign a consent form. Each surgery is different, and the complications that can result vary greatly. It is therefore very important for you to consult a lawyer who is experienced in medical malpractice.
Can I Sue for a Misdiagnosis?
If you were misdiagnosed or given the wrong diagnosis, this may amount to negligence by the doctor. If the outcome and complications were a result of the doctor’s negligence, you can file a lawsuit for your damages. These damages can include your pain and suffering, loss of income (both past and future), medical bills.
My doctor ignored my concerns while I was pregnant and my baby was stillborn. What are my options?
The fact that the doctor ignored your concerns is not the dispositive point; the question is whether or not the doctor was negligent in ignoring your concerns. At Freidin Brown, we thoroughly investigate each and every case to determine whether the doctor was negligent and whether the child was stillborn as a result of that negligence. If we do find negligence, we can file a claim to recover money for your pain and suffering.
Can I sue a doctor for prescribing wrong medication?
You can sue if your doctor prescribed the wrong medication and that error caused you injury. Providing a patient with the wrong medication is a very frequent occurrence in hospitals, and terrible things can happen. If you were injured as a result of a prescription error, it is important that you immediately contact our office so that we can assess whether you should file a lawsuit.
Who is responsible if my spouse died after sustaining injuries from a work accident?
Injuries that take place at work are usually covered under workers’ compensation, which is the exclusive remedy unless the injury was a result of intentional conduct. Sometimes intent can be proven if the employer knew of the risks to its employees, but disregarded them. On the other hand, if a third-party (i.e., someone who was not the employer) caused the injury at work, you may be able to sue that person or company. For example, if your loved one was working at a construction site and was injured by someone who worked for another company, you may be able to sue that person or company for damages.
My baby was born with a brain injury after I was neglected by my doctors. Do I have a case?
In most lawsuits involving medical care, you have to prove negligence—that is, that the medical professional failed to act as a reasonably careful professional would have under the circumstances. If the doctors, nurses, or hospital was negligent, and the negligence resulted in a serious injury to your baby, then you can sue. This includes brain injuries, brachial plexus injuries (injuries to the nerves of the arm), and other serious consequences.
What do I do if I was a victim of a crime on someone else’s property?
You can sue the owner of the property if they were negligent in protecting you. This is called a “Negligent Security” case. Good examples of this are hotels that don’t keep out intruders, or parking lots that don’t have adequate lighting or security. You only have to show that the crime was foreseeable—that the property owner knew or should have known that something bad could happen.
Should I hire your firm if my spouse was improperly intubated and sustained a brain injury as a result?
We have handled dozens of these cases, and have two seasoned trial lawyers in our Firm. We have a tremendous amount of experience in personal injury and medical malpractice cases, and have obtained excellent results for our clients over the years. In addition, we take great care in each and every one of our cases, and treat each client like family. It is our attention to detail and vast experience in similar cases that sets us apart from other firms.
Can I sue for medical negligence?
You have the right to sue for your damages if you’re a victim of medical negligence. Medical negligence cases can be highly technical and expensive, so it is important to hire experienced lawyers who are not afraid of putting their own money into your case. At Freidin Brown, we cover all litigation expenses, and you only pay us is if there is a recovery for you.
I had surgery and I’m worse off than I was before the procedure. What are my options?
Not all surgical injuries are things for which you can file a lawsuit. Your injury must be a result of surgical negligence or unnecessary surgery. In either scenario, you will have to prove that the doctor fell below acceptable standards of care (i.e., the doctor failed to act as a reasonable doctor would under the circumstances). If you can prove that the doctor’s negligence caused injury to you, you may be able to recover money for your damages.
My spouse died in the hospital. Can I sue?
Yes, if the hospital, nurses, or doctors acted negligently, a surviving spouse can sue under Florida’s Wrongful Death Act.
Can I sue a hospital?
Yes, you can sue a hospital for a variety of things that cause injury, including physician negligence. We often see hospital cases that involve emergency rooms, radiology errors, neonatology departments (NICU), and anesthesia errors. You can also sue the hospital for a nurse’s failures, as well as for medication errors.
Will my case go to trial?
Whether or not your personal injury case will go to trial is again dependent on the unique facts involved. In general terms, most personal injury cases do not go to trial, and are instead resolved through out-of-court negotiations (which still require aggressive advocacy to prove fault and liability, and pursue full and fair compensation). In some cases, however, defendants and insurance companies may argue important facts in the case, such as claiming they were not at fault, or that you as a victim contributed to causing the crash in some way. They may also refuse to pay what victims rightfully deserve to settle their cases. In these scenarios, litigation may be necessary, which is why working with lawyers skilled in both out-of-court negotiations and trial practice is critical.