One mistake can cause a lifetime of pain and suffering for medical malpractice victims. If you have experienced declining health or quality of life after a medical error, our legal team can help. Our Florida medical malpractice attorneys team can help prove the doctor’s and other parties’ medical negligence.
We acknowledge the mistreatment you have gone through and are ready to get justice for you and your loved ones by filing a claim to hold negligent doctors responsible for their wrongful actions. Our Florida personal injury lawyers offer a free consultation to evaluate your situation to see if you have a valid case.
Why Should I Hire a Florida Medical Malpractice Attorney?
Medical malpractice claims are complex. You can hire a medical malpractice attorney in Florida to increase your chances of winning a settlement. Our attorneys are well versed in the Florida Statutes regarding medical errors and malpractice, and we are ready to defend you.
Medical malpractice attorneys in Florida can help you determine what happened and how your injuries were caused. If you are unaware which of your doctors or medical professionals are to blame, your lawyer can also help you determine who is at fault for your injuries and the degree of negligence.
Hiring a skilled medical malpractice attorney in Florida is necessary to win your case. Your attorney will have the experience to offer legal advice and fight on your behalf if your claim is rejected or undervalued by the defendant’s insurance company. To learn if you could have a claim for medical error, you speak to a medical malpractice attorney from our firm.
What Is Considered Medical Malpractice in Florida?
Medical malpractice occurs when doctors fail to care for or treat patients to the best of their abilities. Mistakes can happen quickly when doctors overlook symptoms, misdiagnose a health condition, or fail to follow up with patients. Some of the most common instances of medical negligence in Florida include:
- Medication errors, either incorrect dosage or wrong medication
- Surgical errors during medical procedures
- Birth injury
- Improper use of medical devices
Doctors and the Standard of Care
The standard of care refers to the quality of care a doctor must provide patients during treatment. According to Chapter 766 Section 106 of the 2022 Florida Statutes, you can file a medical malpractice claim against your doctor or other medical professionals if they don’t provide you with the expected level of care.
If other doctors disagree with your doctor’s action, they can be liable for medical malpractice and the subsequent damages you have suffered. If you feel your treatment did not meet the required standard of care, a Florida medical malpractice lawyer can file a medical malpractice lawsuit to recover your damages.
Outcomes of Medical Errors
After experiencing medical errors made by doctors or other medical professionals, such as surgical errors, you may have mild to severe side effects that can exacerbate your condition. Or a loved one may have endured a wrongful death. If you’ve lost a loved one, we are sincerely sorry for your loss, and one of our Florida wrongful death attorneys can help you.
The complications you endure from medical malpractice are broken down into two categories based on the compensation you could receive: economic and non-economic damages.
To win compensation from a medical malpractice claim, your lawyer must prove that the injuries you endured resulted from medical malpractice. Your Florida attorney for medical malpractice may hire expert witnesses, such as other doctors, to testify about how your injuries were caused and how they have affected your mental and physical well-being.
What Makes Fasig | Brooks Different from Other Firms?
At Fasig | Brooks, we stand out from other personal injury law firms in Florida in several ways. Here are some specific ways in which we stand out:
Our Extensive Experience
Our firm has advocated for Florida residents for over 30 years in personal injury cases and has successfully handled thousands of cases. We have the experience and resources to take on any opponent and fight for our client’s rights.
Another advantage we’ll bring to your case is understanding and having experience working for the other side: insurance companies. With our experience, we can identify which legal strategy will work best for your case to hold the responsible parties accountable.
Our attorneys give every client their cell phone numbers, emphasizing our commitment to being available to clients whenever they may need us. We know that our clients are going through a difficult time, and we want to ease their burden by being there for them every step of the way.
We also strive to create a family-oriented environment for our clients. We don’t want you to feel intimidated, but rather as if you are a part of our family. We can be in touch with you as much as you need, and we can answer all your questions about your case.
As trial lawyers, we are unafraid to take a client’s case to court if necessary. We understand that sometimes the best way to achieve a fair outcome is through litigation, and we have the experience and skills to succeed in the courtroom.
We have a team of Florida medical malpractice attorneys with experience working in the courtroom to secure client settlements. One of the case results we are most proud of is recovering a $300,000 pre-trial settlement for one of our clients who lost their daughter in a medical malpractice case.
Our team isn’t confined just to personal injury law when advocating for people. We also participate in and sponsor several community events. Our community involvement includes the following:
- Sponsoring Tallahassee’s annual Girl Flo event to combat Period Poverty
- Partnering with RedEye Coffee to sell coffee in which the proceeds go to local Florida students
- Serving on the Board of Directors for the OASIS Center for Women and Girls in Tallahassee to improve the lives of women
Whatever we’re doing, whether representing you for your Florida medical negligence case or getting involved with our community, we always want to make sure that we help people come back stronger.
How Long do You Have to File a Florida Medical Malpractice Claim?
In the state of Florida, there are strict deadlines for filing a claim. According to Florida Statutes § 95.11, you only have two years to file a claim after you suffer injuries due to medical malpractice as a patient. Filing a medical malpractice claim on time is essential for seeking justice and compensation for harm caused by medical negligence. Failing to file within this time frame could result in losing the right to seek compensation for damages.
Going through the process of filing a medical malpractice claim can be overwhelming and challenging. That’s why it’s important to have the guidance and support of a skilled Florida medical malpractice attorney. An experienced attorney can provide valuable assistance in gathering evidence and building a strong case,
Medical Malpractice Lawsuits and the Burden of Proof
The key to a successful medical malpractice claim is evidence. To prove you suffered a medical error in your medical treatment, you must show how it occurred and affected you. The requirement to supply evidence of your claim is called the burden of proof, which the plaintiff and the plaintiff’s medical malpractice lawyer in Florida are responsible for during a medical malpractice lawsuit.
You must prove a series of things to be considered for compensation. To satisfy the burden of proof, your Florida medical malpractice lawyer will help you collect evidence displaying common questions and elements, including but not limited to the following:
- The defendant was your doctor.
- The defendant owed you, as a patient, a certain duty of care.
- The defendant failed to offer or breached the duty of care.
- The defendant’s behavior or actions violated the standard of care.
- You suffered a severe or life-threatening injury.
- The defendant’s negligence caused your injury.
To win a medical malpractice claim, your Florida medical malpractice lawyer must prove that your doctor breached the duty and standard of care. Without doing so, you will not be eligible for compensation, even if you endured medical errors or malpractice.
What Types of Compensation Can You Win from a Medical Malpractice Case in Florida?
After a successful medical malpractice claim, you will receive compensation to recover your economic and non-economic damages. Economic damages are compensatory and have a number of values attached to them. These damages will reimburse your bills and other out-of-pocket expenses you may have suffered from a medical error.
Non-economic damages are not compensatory and reimburse victims for things that do not have a number value attached to them, such as pain and suffering. You may recover the following damages after a successful medical malpractice claim, including but not limited to:
- Medical bills
- Pain and suffering
- Past, current, and future medical treatments
- Lower quality of life
- Mental anguish
- Lost wages
- Reduced earning capacity
- Anxiety or depression
Does Your Medical Malpractice Case Need to Go to Court?
In many cases, medical malpractice claims in Florida can be resolved outside of court through settlement negotiations or alternative dispute resolution methods such as mediation or arbitration. However, several factors can determine whether a case needs to go to court. Here are some of the most important factors to consider:
Strength of the Evidence
The strength of the evidence in the case is one of the most important factors in determining whether a case needs to go to court. If there is strong, compelling evidence of medical negligence, the defendant may be more likely to settle the case outside court. If the evidence is weaker or more uncertain, the case may need to go to court to prove the plaintiff’s case.
Willingness to Settle
The willingness of both parties to settle the case is another key factor. If both parties are willing to negotiate and reach a fair settlement, the case could be resolved without going to court. However, if one or both parties are unwilling to compromise, the case may need to go to court to be resolved.
The Complexity of the Case
The complexity of the case is another important factor to consider. If the case involves complex medical issues or multiple parties, it may be more difficult to reach a settlement outside of court. In these cases, going to court may be necessary to make sure that all parties are held accountable and that the plaintiff receives fair compensation for their damages.
Overall, the decision to take a medical negligence case to court depends on a variety of factors, including the strength of the evidence, willingness to settle, and the complexity of the case. A qualified Florida medical malpractice attorney from our firm can help you understand your legal rights and options and determine the best course of action for your case.
Hire a Medical Malpractice Attorney in Florida
If you’ve suffered a medical error, we are so sorry this has happened to you and your family. Our lawyers at Fasig | Brooks Law Offices wish to make this time easier for you by fighting on your behalf while you rest and recover with your loved ones.
We encourage you to contact us and schedule a free legal consultation with us to learn if you could be eligible for compensation and hear about our results. A Florida medical malpractice attorney can explain your options and help you determine what is best for your family and your needs after suffering a medical error in Florida.