When a doctor or healthcare practitioner makes a mistake, the results can be devastating. A medical error–whether due to breakdowns in communication or gross negligence–can leave victims with life-altering injuries and financial hardships. Fortunately, the law affords remedies to those who have been harmed by medical professionals. At Kogan & DiSalvo, we help clients navigate the most challenging medical malpractice cases with compassion and personalized care.
Knowledgeable and tenacious, our Palm Bay medical malpractice lawyers have a proven record of results. We treat clients like family and have proudly served injury victims in Brevard County for nearly three decades.
If you or a loved one were harmed by medical negligence, our attorneys can explain your rights and discuss the best course of action. Contact us to schedule a free, no-obligation consultation with a skilled injury lawyer who provides industry-leading legal services you can count on.
What is Medical Malpractice?
Medical malpractice occurs when a hospital or healthcare professional gives substandard treatment that causes serious injury or death to a patient. In Florida, patients have the right to expect their doctors and medical practitioners to deliver a certain standard of care.
As outlined by Florida Statute §766.102, healthcare professionals must offer the level of skill, care, and treatment recognized as acceptable by similar providers. If this standard of care has been violated, either through careless omissions or negligent actions, and the patient suffered demonstrable harm, they would be eligible to sue for monetary damages.
Malpractice can be committed by many medical providers, including physicians, registered nurses, midwives, anesthesiologists, psychiatrists, surgeons, pharmacists, chiropractors, and medical specialists.
A poor surgical outcome or failed treatment does not–by itself–justify litigation. Your Palm Bay medical malpractice attorney must prove that the defendant deviated from the professional standard of care and that this was a direct and proximate cause of your injuries and suffering.
Examples of Medical Negligence in Florida
Medical malpractice can occur in many settings, from hospitals and outpatient clinics to ERs. Here in South Florida, these are the most common types of medical negligence that form the basis of lawsuits.
- Misdiagnosis and failure to diagnose
- Misinterpretation of diagnostic results
- Surgical errors such as wrong site surgery or leaving foreign objects behind
- Medication errors, including incorrect medicine, delivery method, or dosage
- Unnecessary surgery
- Anesthesia errors
- Failure to order proper testing
- Insufficient aftercare
- Failing to properly monitor during surgery
- Failure to take complete patient history
Under certain circumstances, Florida hospitals can also be held liable for the negligent actions of their physicians and other employees. For example, if a patient is injured due to a staff nurse injecting the wrong medication, the facility may be sued on the basis of hospital negligence.
Time Limits for Palm Bay Medical Malpractice Claims
Generally, the statute of limitations for bringing a medical malpractice lawsuit in Florida is two years. This means that victims can take legal action against the offending healthcare provider within two years of suffering the injury. However, this deadline may be extended in cases where one does not discover their injury until long after the act of negligence occurs. This is common in lawsuits arising from delayed or misdiagnosis and surgical mistakes. In these situations, victims may file their medical malpractice case within two years of discovering the injury.
Kogan and DiSalvo: Fighting for You
If you have questions about filing a medical malpractice claim in Palm Bay, we have the resources and proficiency to help. When the negligence of a trusted healthcare provider causes harm or the wrongful death of a loved one, you deserve to be compensated accordingly.
Through meticulous investigations and expert testimony, our legal team can demonstrate if the defendant deviated from the accepted standard of care, causing your injuries. A successful claim can net damages for past and ongoing medical expenses, mental anguish, lost income, diminished earning capacity, pain and suffering, loss of enjoyment of life, and other hardships. There is no charge to evaluate your case, and our attorneys take cases on a contingency basis, so there are no legal fees unless we win or settle your claim.