Medical Malpractice
Representing the Victims of Medical Malpractice in Miami-Dade County, Broward County (Ft. Lauderdale area), Palm Beach County, Monroe County (Key Largo to Key West), Lee County (Ft. Myers) and throughout the State of Florida
Medical malpractice is a form of negligence in which an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that branch of the medical profession in the particular community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.
Do I Have a Medical Malpractice Case?
It is important to remember that the duty of a medical professional is not a duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, for example, if the doctor fails to get a medical history, order the appropriate tests, or reasonably recognize symptoms of the illness. In Florida, in order to prove that you were injured due to the failure of a healthcare provider you must show:
- The health care provider failed to exercise a duty of care
- The failure was the proximate cause of the injury
Medical Malpractice Lawsuits in Florida
If we decide to handle the case on your behalf, we will obtain the medical records for review by a medical professional in the same field. The medical professional must conclude based on his/her review of the records that that the treatment was substandard and was the proximate cause of the injury. This certification step is required under Florida law as a prerequisite for filing a medical malpractice lawsuit.
The Florida Statute is two from the date of the malpractice or the date upon which you discovered or should reasonably have discovered the malpractice had occurred. The initial consultation is free of charge, and if we agree to accept your case, our personal injury attorney will work on a contingent fee basis, which means we get paid for our services only if there is a jury award or negotiated settlement.
If you believe that you or a loved one has been a victim of medical malpractice, call us at (305) 279-4740 or contact us online for a FREE consultation to discuss your legal options.
