Being treated by a compassionate and attentive doctor makes a world of difference when you are sick or severely injured. Many patients are lucky to receive this type of care during hospital visits. However, unfortunately, not every doctor offers patients the highest standard of care.
Medical malpractice is more common than many are aware of. According to a study performed by medical researchers at Johns Hopkins, over 250,000 people die annually from medical errors — naming medical malpractice the third cause of death in the United States. Medical errors in public and private hospitals are often insufficiently acknowledged; however, they are responsible for up to 10% of deaths across America.
Have you been affected by a medical error? The skilled Tallahassee personal injury lawyers from Fasig | Brooks Law Offices have the answers you are searching for. Learn more about your options after experiencing a medical error by contacting our firm to schedule a free legal consultation with a lawyer in Tallahassee, Florida.
How Can a Medical Malpractice Attorney in Tallahassee, FL, Help Me?
Even the most meticulous and knowledgeable doctors make mistakes. However, you should not have to pay for the wrongful actions of a physician or medical professional. Our Tallahassee medical malpractice lawyers ensure you are fairly compensated for the damages you have suffered.
Medical malpractice claims are complicated and require solid evidence for a successful lawsuit. The burden of proof, or the obligation to prove your claim, lies on the plaintiff and the plaintiff’s medical malpractice attorney. For this reason, hiring a highly-experienced lawyer to defend you for the best chances of winning compensation after a successful lawsuit is wise.
Your lawyer will have many roles to help you prepare and gather evidence against the defendant throughout the process. To help you win your claim, a medical malpractice attorney in Tallahassee will help with the following things, including but not limited to:
- Investigating the cause of your injury or illness and how it happened.
- Determining who caused or contributed to your injury.
- Gathering evidence to prove liable parties acted negligently.
- Negotiate on your behalf to improve your chances of compensation so you can rest and relax with your loved ones while recovering.
- Offer expert legal advice and protect your legal rights.
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What Causes Medical Malpractice?
Medical malpractice occurs when doctors or other medical professionals behave negligently or breach the duty or standard of care. Doctors must offer patients the highest level of care during treatment, examinations, surgeries, and consultations. When doctors fail to do so or do not meet your expectations as a patient, medical malpractice could be the cause.
According to Johns Hopkins, deaths caused by medical errors have now surpassed deaths caused by heart disease on the list of the top three causes of facilities in America. To identify how medical malpractice affects patients, it is crucial to understand how it happens.
The top causes of medical malpractice and medical errors in the United States include but are not limited to the following reasons:
- Overworked or understaffed doctors. Tired doctors responsible for a large number of patients are more likely to make mistakes.
- Errors with information systems. When information systems fail, doctors and nurses may be unable to access important medical information, including types of medicines, correct doses, allergies, or past and current medical conditions.
- Lack of support from hospitals. Doctors without support from hospitals or medical institutions are more likely to be overworked or burnt out, which can cause mistakes.
- Inadequately coordinated or planned care. When doctors or nurses call out, there may be too many patients to meet the demands of each patient. Hospitals must coordinate with staff to ensure appropriate coverage is available.
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Can I Afford a Tallahassee Medical Malpractice Attorney?
When your injuries have changed your everyday routine, medical malpractice attorneys in Tallahassee understand that your finances may look very different than they did before your injury. You may be drowning in hospital bills, unable to work, or require round-the-clock care. Understandably, you may worry you won’t be able to afford to hire a lawyer for medical malpractice in Tallahassee, Florida.
However, you can afford to hire a lawyer despite your financial status. We operate on a contingency fee basis, so you will not be charged until you win a settlement. Once you have successfully secured your payout, our attorneys will deduct our fees from your payout for your convenience and peace of mind.
Prospective clients can also learn more about how the process works by scheduling a free legal consultation with one of our top-rated medical malpractice lawyers in Tallahassee. We will answer your questions and help you determine if you could win a malpractice suit.
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What Type of Medical Malpractice Claims do We Represent in Florida?
Many factors can contribute to medical errors or malpractice. It is not easy to determine how medical errors occur or who caused them. For this reason, our lawyers for medical malpractice in Tallahassee represent various claims to help our clients and their families move forward after sustaining minor to life-threatening injuries.
We are well-equipped to take on your medical malpractice claim, no matter how complex and complicated it may seem. We handle various medical malpractice lawsuits in Tallahassee, Florida, including but not limited to the following:
- Newborn or infant birth injuries
- Misdiagnoses
- Delayed or prolonged diagnoses
- Failure to prevent injuries or falls
- Anesthesia errors
- Incorrect or misplaced lab results
- Errors during surgery
- Doctors treating or operating under the influence of alcohol or drugs
- Defective medical devices
- Not offering the highest standard of care.
What Type of Evidence Will I Need to Prove My Medical Malpractice Claim in Florida?
Collecting evidence is one of the most essential stages of a medical malpractice lawsuit. You may be unaware of the types of evidence you will need to present to support your claim. However, your medical malpractice attorney in Tallahassee can help you select evidence that shows how you were injured, who caused the injuries, and how your injuries have since affected you.
Evidence to support your medical malpractice claim can be a variety of documents. Lawyers will typically recommend any tests or lab results that show evidence your doctor misdiagnosed your health condition or overlooked severe symptoms. Common documents used as evidence during a medical malpractice claim include the following:
- Test results
- Witness statements
- Complaints for other patients
- Pictures or audio recordings
- Medical records
- Expert witness statements
According to Chapter 766 Section 102 of the Florida Statutes, expert witnesses may testify on behalf of the plaintiff if they have not been charged with medical malpractice and study and operate within the same medical field. Expert witnesses testifying can help your chances of winning a claim if other doctors can point out what your doctor missed, how they violated the standard of care, and how your injury has affected you.
Four Elements You Must Prove During a Medical Malpractice Lawsuit in Florida
Tallahassee medical malpractice attorneys abide by the following Florida Statutes to display how a medical practitioner has breached their duty and subsequently caused further injury to a patient in the care. To prove a doctor has acted negligently, your lawyer must establish four essential factors to support your medical malpractice claim.
These factors prove the plaintiff had a relationship with the defendant and how the defendant failed to properly assist or care for said patient. These four factors include:
- The plaintiff was a patient of the defendant.
- The standard of care was breached or not followed during treatment.
- The defendant breached their duty or responsibility to the patient.
- The defendant’s negligence impacted you through injury or other out-of-pocket damages you have incurred since.
Settlements vs. Trials for Medical Malpractice Claims in Tallahassee, Florida
During a medical malpractice lawsuit, your claim can be resolved one of two ways — by reaching a settlement with the defendant or by taking your case to trial. Your medical malpractice lawyer will negotiate on your behalf to ensure a settlement properly reflects the damages you have suffered due to a medical error. However, if the plaintiff and the defendant cannot agree on how to properly settle your claim, your claim may go to trial.
Taking your claim to trial can be complex and overwhelming. However, sometimes it is the best way to recover the damages you have suffered because of your injury. If your claim goes to trial, a judge and jury will help resolve your dispute to ensure you are properly compensated for the economic and non-economic losses you have dealt with since your injury.
What Types of Compensation Could I Win from a Medical Malpractice Claim in Tallahassee, Florida?
There are two types of compensation you win during a medical malpractice claim — economic and non-economic. Economic damages are monetary and have a dollar value attached to them. Monetary damages usually include out-of-pocket expenses from your injury, like medical bills, hospital stays, surgeries, and ambulance rides.
Non-economic damages are not monetary and do not have a dollar value attached to them. Non-monetary damages cover the suffering you have experienced and how a medical error has affected your life and livelihood.
Common damages you may be entitled to recover after a successful medical malpractice claim include but are not limited to the following:
- Medical bills
- Past, present, and future medical treatments
- Hospital stays
- Ambulance rides
- Pain and suffering
- Mental anguish
- Anxiety or depression
- Post-traumatic stress disorder
Hire a Medical Malpractice Attorney in Tallahassee, FL
After a medical error occurs, you may be unsure what to do. No one expects to go to the hospital for medical treatment and leave in a worse condition than before. If this has happened to you, the top-rated medical malpractice attorneys in Tallahassee from Fasig | Brooks Law Offices can help you move forward and regain control of your life.
We understand this is a difficult time for your family. We wish to make this period easier by filing a medical malpractice claim to recover your losses and holding negligent doctors and medical professionals responsible for their wrongful actions.
If you’ve been a victim of medical error you have options. Start today and contact us to learn about the fantastic results we’ve won in previous cases. Get your free legal consultation to see if you could be eligible for compensation!
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