When you go to see a doctor, you expect that they will listen to your concerns and take you seriously. You also anticipate that they will use their advanced education and training to order the correct tests, make the right diagnosis, and prescribe the right treatment. Unfortunately, that does not always happen.
In Florida, you can potentially file a lawsuit against a doctor if they commit medical negligence. To do so, you will need an opinion from a medical expert that states that your doctor violated the accepted standard of care for the profession. Our Vero Beach medical malpractice attorneys will work with you to develop the necessary evidence and get you the compensation that you deserve for your injuries.
At Gould Cooksey Fennell, we understand how devastating medical negligence can be for our clients and their families. Our goal is to hold negligent doctors accountable for your losses while helping you move forward with your life. Contact our law offices today to schedule a free initial consultation with a Florida medical malpractice lawyer.
When Can You Sue a Doctor for Negligence in Florida?
In Florida, medical malpractice cases are governed by Florida law. To win a medical negligence case, you will need to introduce evidence that the doctor violated the standard of care and that you were harmed as a result.
To prove malpractice, you must show that the doctor acted negligently. This generally requires showing four things:
- Duty: The doctor owed you a duty of care (which can be established through showing that there was a doctor-patient relationship).
- Breach: The doctor violated the standard of care for the profession
- Causation: This violation was the direct cause of your injuries.
- Damages: You suffered losses as a result.
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For example, consider a situation where you went to see a doctor, complaining of stomach issues. The doctor tells you to change your diet and exercise more, without running any tests. Months later, you are diagnosed with stomach cancer. Because of the delay in diagnosis, the cancer is at a more advanced stage, and the treatment is much more intense and invasive.
In this situation, your doctor owed you a duty to use reasonable care. Because a doctor with similar education and experience would have ordered diagnostic tests, they breached the standard of care for the profession by failing to do so. This failure was the direct cause of your stomach cancer becoming more advanced, and your prognosis was much worse as a result. In this situation, you may have a viable medical malpractice claim.
Our Vero Beach medical malpractice attorneys are adept at developing the necessary evidence to prove that a doctor committed negligence. Evidence in a medical negligence case may include:
- Medical records to show the patient’s initial diagnosis, the treatment plan prescribed by the doctor, test results, medication ordered, and any surgical procedures performed
- Expert testimony from a qualified medical professional who can explain the standard of care and offer their opinion on whether it was violated
- Medical research and published guidelines can show that the doctor deviated from the standard of care
- Documentation of your losses, including additional medical expenses, loss of income, and permanent disabilities
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In Florida, there is a specific procedure for filing a medical malpractice lawsuit. Your attorney must:
- Conduct a pre-lawsuit investigation to verify the claim.
- Obtain an affidavit from a medical expert stating that the at-fault doctor violated the standard of care.
- Serve a 90-day notice to the defendant, giving them time to respond to the claim before a lawsuit is filed.
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If you and/or your lawyer do not follow these steps, then your case will likely be dismissed. That is why it is incredibly important to retain experienced legal counsel who is familiar with the specific rules that govern Florida medical malpractice claims.
A claim must also be filed within Florida’s statute of limitations for malpractice claims. Under Florida law, the statute of limitations for a medical malpractice case is 2 years from when the injury was discovered or reasonably should have been discovered. With a few exceptions, this means that you must file your lawsuit within 2 years of when you knew or should have known about the injury.
For example, if a doctor misdiagnosed you and you did not discover the misdiagnosis until 3 years later, then the statute of limitations won’t start to run until you learn about the injury. If you learned about the malpractice right away, then the statute of limitations would start to run then. The “discovery” rule recognizes that, unlike car accidents, medical malpractice injuries aren’t always immediately obvious.
If you believe that you were hurt by a doctor’s negligence, you may have the right to file a lawsuit. Reach out to our law offices as soon as possible to schedule a free initial consultation with a member of our legal team.
Compensation and Settlements in Florida Medical Negligence Cases
In a medical malpractice lawsuit, you may be able to recover financial compensation for your damages (losses). This can include money for your economic damages and non-economic damages. In more unusual cases, you may also be able to collect money for punitive damages if the doctor hurt you intentionally or recklessly.
Economic damages are available in every successful medical malpractice case. They include money for your financial losses that are often easier to quantify. Examples of economic damages include:
- Medical bills
- Future medical costs related to the medical negligence that you suffered
- Lost wages
- Reduced earning capacity
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Non-economic damages may also be awarded in a medical malpractice case. Also known as “pain and suffering” damages, they can include money for:
- Physical and mental pain and suffering
- Reduced quality of life
- Scarring
- Disfigurement
- Emotional distress
- Loss of consortium
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In Florida, there is a cap on non-economic damages in medical malpractice cases. For practitioners like doctors, the cap is set at $500,000 for most cases. If the medical negligence resulted in death, a vegetative state, or catastrophic injury, this limit goes up to $1,000,000. There is no cap on economic damages in Florida medical malpractice cases.
In rare cases, it may also be possible to seek punitive damages in a medical malpractice lawsuit. Punitive damages are meant to punish a person who acted intentionally or recklessly, rather than to compensate a patient for their losses (like economic and non-economic damages). For example, if a doctor showed up to work under the influence of alcohol and/or drugs and harmed a patient as a result, they may be liable for punitive damages in addition to economic and non-economic damages.
Each medical malpractice case is unique. The value of your case will depend on factors like the severity of your injuries, whether you will have any permanent disabilities, and the nature of the doctor’s mistake. Most medical malpractice cases, like other types of personal injury claims, are resolved outside of court.
Our law firm has a track record of success in Florida medical malpractice cases. While we cannot guarantee a particular result, we can promise you that we will treat you with compassion and respect as we fight to get you maximum compensation for your injuries. If you believe that your doctor has committed medical malpractice, reach out to talk to a member of our team.
What Is Medical Negligence?
Medical negligence, which is also referred to as medical malpractice, is a serious concern in the United States. At its core, medical negligence occurs when a doctor or other healthcare professional makes an error that causes a patient harm. This may include:
- Surgical errors
- Medication errors
- Diagnostic errors
- Misdiagnosis
- Birth injuries
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Medical negligence cases are a type of personal injury claim. However, there are some big differences between something like a rear-end car accident (where fault may be more obvious) and situations where a patient’s condition worsens, or a patient develops a new health problem.Â
When it comes to medical care, there are a lot of factors that can affect a person’s health. This can affect the question of whether or not a doctor committed medical negligence.
In medical malpractice cases, the question turns on whether the doctor’s decision-making and actions met the standard of care for their profession. Essentially, to win a medical negligence case, the patient (plaintiff) will have to demonstrate that the at-fault doctor (defendant) failed to meet the medical standard of care in some way.
For example, consider a situation where a patient is having a fairly routine back surgery. Unfortunately, the surgeon isn’t careful when performing the operation and severs a nerve. This leaves the patient with significant limitations and a permanent disability. In this situation, the patient and their lawyer may be able to prove that the doctor was negligent.
Importantly, the standard of care for a doctor is based on the standard of care for their specific specialty. This means that a primary care physician will be held to the standard of care for other family doctors. A neurosurgeon will be expected to meet the standard of care for all neurosurgeons.
Medical negligence cases can be incredibly complex. If you believe that a doctor committed a medical error that harmed you (or a loved one), our law firm can help. Our team of experienced Vero Beach medical malpractice attorneys will develop a strong case to prove negligence and get you the compensation that you deserve.
Help for Patients Injured by Negligent Doctors
If a doctor causes you harm because they made a medical error, you may be able to sue them. Our Vero Beach med mal lawyers will thoroughly investigate your case and work with experts to meet the standards set out in Florida law. We will then advocate for your right to full compensation.
At Gould Cooksey Fennell, we represent victims of medical negligence throughout the Treasure Coast area. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Florida medical malpractice attorney, give us a call at 772-758-8756 or fill out our online contact form.
