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When a doctor or other health care provider leaves you injured instead of healed, the experience is devastating. At Kogan & DiSalvo, our medical malpractice attorneys in Vero Beach, Florida, understand the outrage and disillusionment you feel at this breach of trust. We leverage decades of experience representing personal injury victims throughout South Florida. When you need a full-service law firm that takes cases on a contingency basis, you can depend on the team of Kogan & DiSalvo to get you the compensation you need to heal and rebuild your life. Contact us today for a free consultation
Malpractice occurs when doctors and other licensed health practitioners fail to meet the prevailing standard of care and cause injury or wrongful death to a patient. Some of the more common mistakes include leaving a medical instrument inside the body during surgery, misdiagnosis of the patient, or prescribing the wrong medication.
Licensed healthcare providers in Florida are legally responsible for negligence under Florida’s medical malpractice statute. They include:
Florida has a legal rule called vicarious liability. For example, when a surgeon commits malpractice during an operation, the hospital where the surgery occurs may have vicarious liability.
Examples of organizations and entities that can have vicarious liability include:
Medical negligence is surprisingly common and takes many forms. Physicians and other providers, for example, operate on the wrong body part, fail to order necessary tests, and discharge patients too early from the hospital. Providers can also engage in medical negligence through inattention at critical moments. Examples include an anesthesiologist failing to properly monitor a patient under sedation or an obstetrician who doesn’t heed signs of fetal distress during labor.
Medical negligence can happen at any point in the patient-physician relationship. For example, a doctor might fail to consider the patient’s complete medical history and overlook the symptoms of a pre-existing illness. When a physician doesn’t have the necessary expertise, he must refer the patient to a specialist. Failure to do so can be the basis of a malpractice claim for an improper referral.
Medical injuries can result from inaction, such as ending treatment too soon. For example, a physician discharges a hospitalized patient, and medical complications occur after discharge. This is the basis for a malpractice claim of delayed treatment (sometimes called delayed diagnosis).
Common types of malpractice include:
We trust our doctors, surgeons, and other providers. When we enter a hospital, we assume we are safe. These are people and institutions licensed and regulated by the state. Yet, we put our lives in their hands. When that trust is betrayed by negligence, it can be life-changing. After medical negligence, it’s common to experience physical and mental suffering and monetary losses. You may be unable to work and incur additional medical costs to treat the injury caused by the medical malpractice.
The key to medical malpractice cases is investigation. When we take your case, a Vero Beach personal injury lawyer begins immediately to gather evidence. Our decades of medical malpractice experience and familiarity with the Vero Beach and Indian River County community gives us an advantage. We’ve sued many of the same hospitals and organizations before and know their tactics. We’ve also dealt with the insurers and their attorneys.
We can demand to see medical records relating to your injury and take pre-trial testimony of everyone involved in your care. We’ll learn what led to the malpractice and whether anyone tried to cover it up. In addition, we can retain a medical expert who will review the records and advise on what your providers missed or got wrong.
Finally, there is no limit on the damages you can recover in Florida for medical negligence for your monetary losses and pain and suffering. An earlier law limiting damages was overturned in 2022 by the Florida Supreme Court.
Generally, the statute of limitations for medical negligence in Florida is two years from the time of the injury. Therefore, the surest way to preserve your claim is to consult a medical negligence attorney without delay to ensure your case is filed on time.
When you are injured or lose a loved one, the Vero Beach medical malpractice lawyers of Kogan & DiSalvo will represent you with compassion, commitment, and tenacity. Our goal is to obtain the maximum damages award to help you move forward. Contact us today for a free case evaluation. We work on a contingency fee basis, so there are no upfront legal costs.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.