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Florida Hospital Negligence Lawyer

Can a Patient Sue a Hospital for Negligence?

Florida Hospital NegligenceAccording to a Johns Hopkins University study released in 2016, medical errors are the third leading cause of death, after heart disease and cancer, claiming at least 251,454 lives annually. The numbers are even higher for injuries, many of which are potentially life-altering. If you are injured in Florida while receiving medical treatment in a hospital, you may be able to sue the hospital for negligence.

At Freidin Brown, P.A., our Florida hospital negligence lawyers are skilled and experienced advocates for patients and their families. If you or your loved one suffered harm due to hospital negligence, we are more than ready to help. Call us at 888-677-7764 now or send us a message directly online to set up a free, no-obligation initial consultation with an experienced hospital negligence lawyer.

Florida Hospitals Owe Patients a Duty of Care

In a time of medical need, hospitals can provide critically important care. Unfortunately, hospitals do not always live up to their responsibility to look out for the health, safety, and well-being of vulnerable patients. With law offices in Miami and Fort Myers, we are well-positioned to bring claims against some of Florida’s most prominent hospitals, including:

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice. It occurs when a hospital (or one of its employees) falls below the appropriate standards of care and a patient suffers an injury, illness, or other medical complication as a result. Some notable examples of hospital negligence include:

  • Failure to diagnose/doctor misdiagnosis
  • Errors by nurses or hospital support staff
  • Failure to provide adequate follow-up care
  • Premature discharge of a patient from the Emergency Room
  • Negligent securities
  • Dangerous conditions on the premises, including fall accidents
  • Medication errors
  • Surgical errors
  • Birth injuries

These types of medical malpractice cases are complicated, as hospital negligence can come in a wide range of different forms. Suspected hospital negligence should always be investigated by a Florida medical malpractice attorney.

Who Is Liable for Hospital Negligence?

Determining liability for hospital malpractice can be complex because the medical care provider’s employment relationship with the medical facility can affect your claim. Liability for hospital mistakes may rest with the following:

Hospital Employees

If your injury was caused by a healthcare professional employed by the hospital you are admitted to, the hospital is usually liable for the actions of that employee and any injuries you sustain due to their negligence. For example, if a registered nurse employed by the hospital administers the wrong medication, resulting in harm to the patient, the hospital can be held liable for that mistake. Or, if a hospital’s medical assistant forgets to call a consulting physician, then the hospital may be responsible for that error.

If the hospital employee acts negligently while under the supervision of a doctor, you may be able to sue the doctor. However, this could mean that the hospital bears no responsibility. If, for example, a surgeon leaves a medical instrument or sponge in a patient due to a nurse’s miscount, the surgeon is liable for this error.

Non-Employee Doctors

Doctors who are not employed by a hospital are known as independent contractors, and the hospitals usually take the position that the hospital cannot be held liable for their actions, even if the medical malpractice occurred in their facility. However, there are some exceptions to this.

Whether a hospital is liable for a non-employee doctor’s negligence is a complex area of the law that is best handled by an experienced medical malpractice attorney. Our firm has significant experience holding hospitals responsible for non-employee doctors under principles of “agency” and “non-delegable duty.” These areas are constantly changing in the appellate courts, so it’s important to hire a lawyer who regularly handles medical malpractice cases and is well-versed in holding hospitals responsible for their doctors.

Freidin Brown, P.A. Cares About Medical Malpractice Victims

Freidin Brown, P.A. believes in fighting for those who have been harmed by others. We acknowledge our duty to all Floridians to provide the best possible legal representation during their time of need.

Our small firm advantage means we can give you and your case the personal attention it deserves, preventing you from feeling like just another number at a large injury firm. Furthermore, our experience with medical malpractice claims means we can help you avoid common pitfalls that could make financial recovery more difficult. Our team will:

  • Investigate your hospital negligence injury
  • Determine the individual or entity liable for the medical error that harmed you
  • Collect evidence and use it to build a robust claim
  • Hire and consult with medical professionals and other subject matter experts when needed
  • Identify and calculate your economic and non-economic damages
  • Prepare and file insurance and legal paperwork
  • Track and manage deadlines
  • Communicate with insurance agents, opposing attorneys, and other involved parties on your behalf
  • Aggressively negotiate for the maximum compensation possible
  • Provide you with frequent and timely case updates
  • Represent you at trial if necessary

Don’t trust your case to just anyone. Let our Florida hospital negligence attorneys support you through every step of your medical malpractice claim or lawsuit.

Call us today at 888-677-7764 to schedule a free and confidential consultation.

Hospital Negligence Victims Deserve Full Financial Compensation

If you or your family member was harmed due to hospital negligence, you deserve the full available financial compensation to pay bills and support your family.

In Florida, plaintiffs can recover compensation for economic and non-economic losses. Sadly, the big insurance carriers that defend hospitals do not make the claims easy on people. Even if you can prove liability, insurance adjusters will still try to limit your compensation.

At Freidin Brown, P.A., our Florida hospital negligence lawyers are committed to getting clients justice and the maximum settlement or verdict. You may be able to pursue the following types of compensation in a hospital negligence claim:

  • Medical bills and related expenses
  • Physical therapy and rehabilitative care
  • Loss of current and future wages and earning potential
  • Physical pain and suffering
  • Scarring/disfigurement
  • Long-term physical or mental impairment
  • Mental anguish/emotional distress
  • Loss of enjoyment of life
  • Wrongful death of a family member

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Hospital Negligence FAQs

How Do You Establish Hospital Negligence Caused Your Injury?

Winning compensation for hospital negligence requires proving that your illness or injury resulted from a medical error and was not merely an unavoidable negative outcome. Our law firm can establish this using the following four elements of medical malpractice:

  1. Professional duty of care. The duty of care is the obligation hospitals and healthcare providers have to treat patients according to the accepted standards of the medical profession.
  2. Breach of duty. We will demonstrate that the hospital failed to uphold its professional duty or acted in a way that breached this duty. This is called “falling below the standard of care.” We will do this using evidence, which may include medical records, medical and scientific research, eyewitness testimony, and expert testimony.
  3. Causation. We will also use case evidence to show that the hospital’s actions were a direct cause of your injury or illness.
  4. Damages. Damages are proof that you suffered financial losses and experienced pain and suffering due to your injury. We can demonstrate this by using bills, receipts, pay stubs, estimates, and testimony regarding your physical, mental, and emotional well-being.

How Long Do You Have to Pursue a Hospital Negligence Claim?

According to Florida Statutes § 95.11 (4)(c), you generally have two years from when your injury occurred or was discovered to file a medical malpractice lawsuit. However, there are circumstances that could extend your time limit. Our hospital negligence lawyers can tell you if any affect your claim.

It’s important to note that medical malpractice cases can take a long time to investigate, since there can be thousands of pages of medical records and medical issues involved. So it’s important not to waste time when choosing a lawyer.

Before we take your case to court, we will aggressively negotiate for the maximum possible medical malpractice insurance settlement. However, if we cannot reach an advantageous agreement, we will file your lawsuit before the statute of limitations expires.

Acting quickly not only gives you the longest amount of time to attempt to resolve your claim outside of court, but it also allows for the speedy collection and preservation of evidence. Our team can help you get started the same day you reach out.

What Does it Cost to Hire a Medical Malpractice Attorney?

Our personal injury lawyers at Freidin Brown, P.A. take cases on contingency, meaning we will not ask for any upfront fees or costs. We only get paid if and when we obtain compensation for you. Our fees are based on a percentage of the total recovery.

Contact An Experienced Florida Hospital Negligence Lawyer Today

Hospital negligence claims are not easy, and the big medical facilities are often represented by large defense firms hired by insurance companies. At Freidin Brown, P.A., we have 100 years of combined experience and have conducted over 300 trials in front of a jury. Our Florida hospital negligence lawyers have a proven track record of success with over 20 verdicts resulting in excess of $1 million worth of compensation on behalf of our clients. We have what it takes to take on the big hospitals.

We handle a wide range of medical malpractice cases, such as anesthesia errors, nursing errors, stroke misdiagnosis, birth injuries, prescription errors, and more. Healthcare providers are obligated to treat patients according to a standard of care, and when they fail to do so, you have a right to hold them responsible for their actions. Call us at 888-677-7764 today for a free consultation.

We serve victims in South Florida and across the state. Connect with a lawyer near you.

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