You trust physicians and other medical professionals to provide competent care. But mistakes can occur during diagnosis, treatment or after a surgical procedure. Every year, thousands of Florida residents suffer unnecessary harm due to negligence in healthcare settings.
If you suffered injury or lost a loved one as a result of medical negligence, you need an advocate to champion your rights. The law firm of Kogan & DiSalvo is ready to help. There is no cost to speak with a knowledgeable Florida medical malpractice lawyer about your case. Our initial consultations are an excellent opportunity to explore your rights and find out if your injuries merit legal action.
What Are the Different Types of Medical Malpractice?
Negligence in healthcare settings can take many different forms. Some of the most common types of medical malpractice involve diagnostic mistakes that put patients at risk for delayed or incorrect treatment.
Statistically, cancers of the breast, colon and ovaries are some of the most commonly misdiagnosed diseases.
Our medical malpractice attorneys offer comprehensive representation in a wide variety of claims arising from:
- Surgical negligence
- Misdiagnoses and delayed diagnoses
- Negligence in nursing homes, hospitals and assisted living centers
- Medication mistakes
- Failure to obtain informed consent
- Anesthesia errors
- Malpractice that causes birth injuries
- Dental malpractice
- Failure to treat or mismanagement of a medical condition
Liable Parties in a Medical Malpractice Lawsuit
In Florida, liable parties may include medical providers or the institutions that employ them. Hospitals and nursing homes may be named defendants in medical negligence claims, as well as a variety of medical professionals:
- Nurses and other hospital staff
- Dentists and Oral Surgeons
- Physical therapists
It’s crucial to seek legal counsel if you believe that medical malpractice has occurred. These claims are highly complex and require substantial investigations and evidence.
Handling Medical Malpractice Cases Throughout Florida
The law firm of Kogan & DiSalvo represents clients in medical malpractice claims throughout the Sunshine State.
Reach out to any of our convenient office locations to discuss your case.
If you are worried about paying legal fees, rest assured that our Florida medical negligence attorneys take all cases on a contingency basis. That means we only collect payment if a settlement or financial award is recovered on your behalf.
Will My Medical Malpractice Lawsuit Go to Trial?
Here in Florida, most medical malpractice claims never make it to a courtroom. More than 90 percent of these cases are settled between parties without going before a jury.
Medical malpractice settlements are usually confidential and – once made – bar plaintiffs from seeking additional compensation.
Our attorneys are skilled negotiators and will use every resource to maximize your recovery. It is our job to ensure clients make informed decisions about the long-term ramifications of their case.
If settlement negotiations are unsuccessful and we believe your chances of a favorable verdict are high, we are fully prepared to argue your case before a jury.
Time Limits for Filing a Malpractice Claim
Florida has strict deadlines, known as the statute of limitation, for bringing a lawsuit based on medical malpractice. Generally speaking, you have two years from the date you knew or should have known that malpractice occurred to file a claim for damages.
Due to recent law reforms, this applies to medical malpractice claims that accrue after March 24, 2023.
This statute may be tolled for minors who suffered injuries due to medical negligence. For clarification on applicable deadlines in your injury claim, speak to our medical malpractice attorneys.
How We Prove Your Medical Malpractice Case
In order to prevail in a medical malpractice claim, your lawyers must prove liability and evidence of loss. Florida has recently adopted modified comparative fault laws, which bar plaintiffs from recovery if they are more than 50 percent liable for their injuries.
This puts the onus on your legal counsel to build a solid case, which relies heavily upon the following types of evidence:
- Documentation of your injuries with medical and hospital records
- Expert testimony from physicians and other qualified medical professionals
- Financial documentation of your losses, including employment stubs, tax records, medical bills and account statements
- Testimony from family and friends
Maximize Your Financial Recovery
Florida is one of a handful of states that does not place caps on medical malpractice awards, whether achieved through arbitration, settlement negotiations or a jury verdict. The courts recently deemed these limits unconstitutional, allowing plaintiffs to seek full and fair compensation for both their economic and non-economic damages.
Economic damages are tangible losses that can easily be documented and calculated. These include medical expenses, physical therapy, assistive devices, lost income and loss of earning capacity.
Non-economic damages are often a large component of malpractice settlements and awards. This category of damages includes emotional anguish, pain and suffering, inconvenience, loss of enjoyment of life, as well as disfigurement.
In some cases, punitive damages may be awarded to compensate victims of medical negligence. These damages are reserved for particularly egregious behavior and are designed to punish the defendant.
Our legal team will make sure that all categories of damages are carefully evaluated to account for past, current and ongoing losses.
What Constitutes Medical Malpractice in Florida?
To pursue a medical malpractice claim, your legal counsel must prove that the healthcare provider failed to provide the “prevailing standard of care” in the medical community. Florida statute 766.102 defines the professional standard of care as:
“…the skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In other words, if your doctor’s actions were not considered sensible by professionals with the same level of training and experience, he or she may be held liable for negligence.
Elements of a Medical Negligence Lawsuit
To be certain, an adverse treatment outcome is not – by itself – grounds for a medical malpractice claim. Your lawyer must demonstrate that your healthcare provider’s negligent actions or omissions were the direct cause of your injury.
Plaintiffs alleging medical negligence must prove five legal elements to file a claim for compensation:
- A doctor-patient relationship existed
- The healthcare provider owed you a duty of care
- The provider breached this duty of care by failing to adhere to professional standards of care
- You suffered injuries and damages
- The provider’s breach of duty is the direct and proximate cause of your harm
Malpractice Lawyers Florida Residents Trust
If negligent medical care has affected you or someone you love, get in touch with Kogan & DiSalvo today. Use our online contact form to arrange a free case evaluation, and if you are unable to visit our Florida office locations, an attorney will come to you.
When it comes to malpractice litigation, your choice of legal counsel makes a world of difference. Put our resources, dedication and extensive knowledge of state laws to work for you. Get the high-caliber representation you deserve. We are here for you, ready to protect your rights.