When we decide to undergo a medical procedure, at the very least, we expect that we can trust the medical professionals who treat us and the equipment they use. If you have been injured because of a medical professional’s actions or inaction, you are a victim of “medical malpractice” or “medical negligence.”
The injuries that result from an act of medical malpractice can be life-changing, and you deserve to be compensated for your medical expenses, lost wages, and pain and suffering. An experienced Venice, FL., medical malpractice lawyer can file a personal injury claim on your behalf, so you can focus on your recovery.
With seventy-five years of combined experience and a deep understanding of Florida’s personal injury laws, the experienced Florida medical malpractice lawyers at The Law Place have what it takes to take on and win your case. We will work tirelessly until you have been fairly compensated for your losses.
To find out if you are eligible to file a claim and what damages you can recover following an act of medical negligence in Venice, contact us today at (941) 444-4444 to schedule a free consultation. Our phone lines are open 24 hours a day, 7 days a week.
What Is Medical Malpractice?
A healthcare professional, such as a doctor, a nurse, or a nurse practitioner, is expected to meet a certain standard of care. When the care you receive fails to meet these standards, and you are injured because of this, you may have experienced medical malpractice. In most cases, medical error is involved. Some common examples include:
- A failure to identify and diagnose a condition that is life-threatening or misdiagnosed, resulting in ineffective medical treatment.
- Prescribing incorrect medication or administering an incorrect dosage of a drug.
- Leaving medical instruments in a patient who has had surgery.
- Errors made during surgery that cause the loss of a body part or the use of a body part.
- Injuries caused during the delivery of a child that causes complications or a condition.
Medical malpractice does not always occur in a hospital setting, but no matter what the circumstances are, it can impact your life forever. Call The Law Place today, and one of our Venice, FL., medical malpractice lawyers can tell you if you have grounds for a lawsuit.
Medical Malpractice in Florida
Unfortunately, medical malpractice is common in Florida, and the state has a prominent position in many medical malpractice statistics. The True Cost of Healthcare website estimates that from 2012 to 2016, Florida was 8th in the country for medical malpractice claims. Furthermore, in 2018, 948 medical malpractice compensation claims were filed, and 15 of these payouts were more than $2,000,000.
The Duty of Care and Negligence
To win any personal injury case, the victim must show that the responsible party was negligent in some way and that this directly caused their injuries. The duty of care is a key part of determining whether someone acted negligently. A duty of care is a legal obligation to prevent harm from being suffered by someone else. All medical professionals owe a duty of care to anyone under their care.
A personal injury lawyer will assess the “foreseeable zone of risk” in your case. In other words, they will seek to establish that the medical practitioner must have known or should have known that their actions or inactions resulted in an increased risk of harm. This harm must have been foreseeable.
The term duty of care is broad in Florida, and you may be surprised to learn that you are eligible to make a claim following an injury sustained as a result of medical negligence. Call us today for a free case evaluation, and an experienced medical malpractice lawyer can explain your options.
When Can You File a Personal Injury Claim for an Act of Medical Negligence in Venice, FL?
Your individual case must meet certain criteria to give rise to a claim of medical malpractice in Florida. As mentioned, your injuries, or the death of your loved one, must have occurred because the medical professional who treated you was negligent in some way. For a successful case, your medical malpractice lawyer must establish that:
There Was a Patient/Doctor Relationship
If you wish to file a medical malpractice lawsuit, you will be required to prove to the court that a patient-doctor relationship existed. You can only sue a doctor or nurse if you hired them to provide medical treatment.
The Doctor or Nurse was Negligent
To sue a doctor or a nurse for medical negligence, you must be able to provide evidence that shows that their actions or inactions caused injuries that a competent doctor would have prevented. Usually, a medical expert will need to testify and explain how other doctors behave in similar situations and how the defendant’s actions deviated from this standard.
The Doctors Negligence Caused Your Injuries
You must be able to prove to the court that your injuries were a direct result of the doctor’s negligence. In other words, if a doctor demonstrates medical malpractice, but this did not result in any injuries, there are no grounds for a medical malpractice suit. However, if your doctor’s negligence did result in injury, and this led to physical and mental suffering, loss of wages and future earning capacity, made your existing condition worse, and/or created additional medical bills, you may have a strong medical malpractice case.
What Damages Can You Recover Through a Medical Malpractice Lawsuit?
The damages you can recover following an act of medical malpractice will largely depend on the extent of your injuries and how long it is likely to impact your life. You may be entitled to economic, non-economic, and punitive damages, for example:
You can make a claim for any current, past, and future medical expenses that were a direct result of the medical malpractice. This could include expenses for ER visits, medical devices, hospital care, physical and rehabilitative therapy, doctor’s appointments, and more.
Lost Wages and Earning Capacity
If you have sustained injuries through an act of medical malpractice, it is likely that you will be required to take time off work. In a worst-case scenario, you may never be able to go back to your job at all or work as you normally would. If this is the case for you, you deserve to be compensated for these losses.
Pain and Suffering Damages
Pain and suffering damages cover any physical pain and suffering you have endured as a result of medical negligence, and the amount will be determined by the extent and nature of your injuries. Pain and suffering damages also cover loss of enjoyment in life and any emotional distress that your injuries have caused, such as depression, anxiety, fear, and mental anguish.
In some cases, a medical malpractice victim may be entitled to additional punitive damages. To qualify for these damages, it must be determined in court that the medical professionals who were responsible for your injury acted with maliciousness or gross negligence, and this resulted in significant harm. This type of compensation seeks to punish the defendant and deter others from acting in a similar way.
To find out more about the damages our medical malpractice lawyers can recover for you and your family, call The Law Place today for a free consultation.
Can I File a Wrongful Death Lawsuit Due to Medical Malpractice?
When a person is killed by the misconduct or negligence of another person (in this case, a medical professional), their immediate family members (such as spouses, children, and parents) have a legal right in the State of Florida to file a wrongful death lawsuit so that they can be financially compensated for the loss of significant emotional and financial support.
According to Florida law, only the personal representative of the victim’s estate can file a wrongful death lawsuit. This person should be named in the deceased person’s estate plan or will. If there is no such documentation, the court can appoint a personal representative. This person is then required to list every family member who has an interest in the medical malpractice case.
Examples of surviving family members who can recover damages in a Florida medical malpractice wrongful death case include:
- The spouse, children, and parents of the deceased person.
- Any blood relative or adoptive sibling who was dependent on the victim for support, wholly or in part.
As per Florida Statutes section 768.21, there are certain rules when it comes to awarding damages in a wrongful death lawsuit, and any surviving family members that make a claim must provide evidence of:
- The value of the support and services that the victim provided prior to their death that was caused by medical malpractice.
- The loss of guidance, companionship, and protection that they have lost as a result of the death of the victim.
- Any emotional or mental pain and suffering that has been endured.
- The cost of any medical or funeral expenses that they have had to pay for.
- The full value of any lost wages, benefits, and other earnings that the victim reasonably could have been expected to add to the family household if they had lived.
When Should You Contact a Lawyer for Medical Malpractice?
It is crucial that you don’t waste any time and contact an experienced Venice, FL., medical malpractice lawyer as soon as possible. Vital evidence can be lost over time, so the sooner your lawyer can begin investigating your medical malpractice case, the better.
Furthermore, all states have strict time limits when it comes to filing charges and personal injury lawsuits. In Florida, you have four years from the date of the incident to file a lawsuit in a civil court, as per Florida Statute 95.11.
How Can a Venice, FL., Medical Malpractice Lawyer Help Me?
One of our experienced medical malpractice lawyers from The Law Place can support you by investigating your incident and building your case. A medical malpractice attorney will put their wealth of experience to use and ensure that you have the best chance of receiving reasonable and fair compensation for the medical malpractice that you experienced.
Your lawyer will work with independent medical professionals who will fully assess the treatment and the care that you received and evaluate your medical malpractice case to determine how much you could expect to recover in damages.
The opposition attorneys will usually offer you a tempting but inadequate settlement in the hope that you will accept it and save them money. This is why you need an experienced medical malpractice attorney on your side that will evaluate the value of any settlements you are offered and tell you if it is worth accepting.
Our medical malpractice lawyers will also work with the other attorneys at the firm so that you benefit from our combined experience, giving you the best shot at a fair settlement.
Contact The Law Place for a free case evaluation with one of our Venice, FL., medical malpractice lawyers if you suspect you could be entitled to compensation.
Speak to Our Venice, FL., Medical Malpractice Lawyers Today
If you think you are a victim of medical malpractice, don’t hesitate to contact an experienced medical malpractice lawyer from The Law Place Today. We can also assist you if you have lost a loved one or if you are suffering injuries due to an act of medical negligence. Your dedicated attorney will take all of the paperwork out of your hands and handle any negotiations – so that you can focus on your recovery.
We are available 24 hours a day, 365 days a year, so call us today to schedule a free consultation with a medical malpractice lawyer at (941) 444-4444. By hiring a lawyer from The Law Place, we can assure you that you are giving yourself the best chance of receiving the justice that you deserve.