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Category Archives: Medical Malpractice

6 min read

Choosing the Best Pediatric Injury Lawyer for Your Child

No parent expects their child to suffer from negligent medical care, and nothing can ever prepare you for dealing with the fallout of medical malpractice. The idea of legal action might seem overwhelming, and choosing the best pediatric injury lawyer for your child seems impossible. Pediatric injury cases can be extremely complex, and you...

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6 min read

Understanding Your Rights as a Parent in Pediatric Injury Cases

Medical malpractice can cause immense harm to victims. When neglect hurts children, it can be distressing for parents to see their child in pain and not know what actions they can take. If your child is suffering a pediatric injury due to malpractice, you have rights as their parent. You have the right to...

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6 min read

What to Expect During a Pediatric Injury Lawsuit

When you bring your child to a hospital or other medical facility for care, you never expect harm to come to your child. Unfortunately, this is a reality that many parents face. If your child suffered a pediatric injury, legal action can allow you to hold the at-fault parties accountable for your child’s harm....

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6 min read

Removal of Caps on Lawsuits Against Lee Health Facilities

Lee Health, a popular nonprofit health system in Southwest Florida, has been serving Floridians since 1916. The health system has been public since 1968, but as of November 1st, 2024, the system is now private. While it is possible to sue public health systems for medical malpractice, it is harder for victims to seek...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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,...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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6 min read

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...

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9 min read

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...

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3 min read

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...

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6 min read

Damages in Florida Medical Malpractice Cases

Damages in a medical malpractice case are intended to make the victim whole after being harmed by a healthcare provider’s negligence, and there is one important fact that stands out initially. Statistics reported by Forbes indicate that Florida ranked second for medical malpractice payouts by state in 2022, with compensation to victims hitting $382...

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3 min read

Death Resulting from Failures to Properly Diagnose Conditions in Emergency Rooms

A substantial part of our practice involves representing gravely damaged people or their families in cases of death resulting from failures to properly diagnose conditions in emergency rooms. Most of our cases involve missed or improperly treated strokes, heart attacks, aortic dissections, aneurysms, infections, spinal cord issues, and even some cancers. So it didn’t...

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3 min read

How Do I Know If A Medical Malpractice Settlement Offer Is Fair?

The majority of Florida personal injury cases are resolved via out-of-court settlement, and this phenomenon is certainly true in the subcategory of medical malpractice claims. The benefits of settling are certainly convincing, as you can receive payment faster, will not have to testify in court, and will not face the risk of losing at...

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6 min read

Four Elements in a Medical Malpractice Claim in Florida

Though every U.S. state has enacted laws covering medical malpractice claims and the legal process, there are subtle differences among the jurisdictions. Florida’s malpractice laws can be quite nuanced and complex. Negligence has a precise definition in the practice of law and a very specific application in medical malpractice cases. When trying to recover...

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3 min read

Almost Three-Quarters Of Physicians Are Now Hospital Employees

COVID-19 has impacted Florida health care professionals in many immeasurable, devastating ways, but there is one unexpected consequence that you might not consider. A recent study revealed that almost 74 percent of physicians are hospital or corporate employees, and the pandemic was a motivating factor. The proportion of doctors who became employed by hospitals,...

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3 min read

4 Florida Laws That Apply To Hospital Errors Cases

Safety should be a top priority at Florida hospitals, but data reveals that some health care facilities fall short when it comes to exposing patients to a risk of harm. In an article published by Leapfrog Hospital Safety Grade, researchers reported that more than 200,000 individuals die from hospital errors every year, including health...

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3 min read

What To Do If You Suffered Injuries Because Of Hospital Negligence

Hospitals are where people head for the treatment of medical conditions, so it is disturbing to learn how frequently patients suffer additional injuries or ailments because of being hospitalized. Estimates on patient harm associated with hospital care reveal that more than 210,000 fatalities are linked to preventable harm by hospital administration, staff, and other...

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3 min read

Notice Of Intent To Sue Requirement In Florida Medical Malpractice Cases

Though medical malpractice is a type of personal injury claim, there are additional details, requirements, and concepts that apply to these cases under Florida law. One important factor is that a plaintiff is required to conduct a reasonable investigation before filing a lawsuit, and the statute is very specific on how to meet the...

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3 min read

Gathering Evidence To Support A Florida Medical Malpractice Claim

Though the majority of Florida health care providers adhere to their duty to deliver treatment in accordance with applicable medical standards, there are some who fall short. If you or a loved one suffered harm due to medical negligence, you may be able to pursue legal remedies through a medical malpractice lawsuit. Under Florida’s...

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3 min read

Proper Diagnosis Means Better Outcomes For Stage 1 Cancer

Learning that you have cancer is life changing. Imagine your situation if you do not learn about it because of negligence by health care providers. As time passes without essential medical treatment, cancerous cells take over at their point of origin and begin to spread to other parts of the body. The Mayo Clinic...

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3 min read

Heart Attack Misdiagnosis: What Is The Harm To Patients?

Commonly known as a “heart attack”, a myocardial infarction occurs when one or more areas of the heart do not get enough oxygen most often due to a blockage of blood flow from a clot. Without oxygen, the muscles deteriorate and die. Irreversible damage may occur within 30 minutes of the formation of the...

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