Medical Malpractice Attorney in Orlando
The Francis Law Group
Medical malpractice refers to preventable errors that lead to patient harm. A doctor or other healthcare professional may make a mistake deemed medical malpractice. In Florida, a victim of medical malpractice has the right to file a lawsuit against the negligent medical professional.
The Francis Law Group can help you take legal action. Call a medical malpractice attorney in Orlando at 888-327-2745.
Types of Medical Malpractice
With so many different fields of medicine, the types of errors that doctors make when administering healthcare are numerous. Below are some of the types of medical malpractice:
- Negligent prenatal care,
- Childbirth injuries,
- Delayed diagnosis,
- Surgical errors,
- Anesthesia errors, and
- Medication errors.
If you or a loved one is the victim of any of the errors above, then the next step is to look at why the error occurred and determine if a doctor's negligence is to blame. You also must prove that you suffered damages because of the negligence and its effects.
Understanding and Proving Negligence
In order for a claim for medical malpractice to be successful, the plaintiff will have to prove a few things, including the healthcare provider's negligence. Negligence, in regard to medical professionals, refers to violating a reasonable standard of care. For example, if the doctor failed to perform certain tests or examinations to detect cancer that other reasonable physicians would perform, then he or she may be negligent.
You must prove a connection between negligence and your injuries or other harm. If the failure to perform these tests delayed diagnosis and treatment and that led to the patient's cancer worsening, for example, then it establishes a connection between the doctor's negligence and injuries.
In addition to proving negligence and causation, you must establish that you suffered damages as a result of your injuries. These might include medical expenses, missed time from work, emotional damages and more.
Damages Available in a Medical Malpractice Case
Most medical malpractice suits, when successful, result in a damage amount that covers both economic and noneconomic damages victims sustain. These damages may include current and future medical expenses, lost wages or income, pain and suffering, loss of enjoyment of life, and more.
According to Chapter 768.72 of the 2012 Florida Statutes, punitive damages are allowable in a civil case in Florida if the defendant acted with gross negligence or wanton and reckless disregard. As such, most medical malpractice cases do not involve punitive damages meant to punish the defendant for egregious actions. In any case, the law limits these damages to the greater of three times the compensatory damages or $500,000.
Statute of Limitations for Medical Malpractice Claims
Florida law sets limits on the amount of time malpractice victims have to file a claim. In Florida, this time limit is two years, as found in Florida Statutes Section 95.11(4)(b). Because the statute of limitations is so short in Florida, the sooner you start collecting evidence and the sooner you contact an attorney, the better.
Do I need a medical malpractice attorney in Orlando?
If you suffered injuries because of a medical professional's negligence, secure representation from an attorney. An attorney who knows the law will be essential in helping you establish the connection between the defendant’s actions and your injuries and damages.
Our attorneys at the Francis Law Group are passionate about helping victims of medical malpractice prove their case and their damages and recover compensation they deserve. Call our offices today at 888-327-2745 or fill out the form on our contact page.