Understanding Florida Medical Malpractice Law

At Dolan Dobrinsky Rosenblum, LLP, our Miami attorneys have extensive experience helping victims of personal injuries, including cases involving medical malpractice. If you have questions about our experience or your case, contact us online or call 786-401-4708 for a free consultation. To learn more about medical injury claims in general, read on for answers to frequently asked questions about Florida medical malpractice.

What Is Medical Malpractice?

Medical malpractice or medical negligence is when a health care provider breaches the prevailing professional standard of care for such a provider and that breach causes a personal injury or death. In other words, if a doctor, nurse or other health care professional does not perform up to the standards expected of a person with similar training under similar circumstances, he or she can be held liable for medical malpractice.

Was My Medical Injury The Result Of Malpractice?

Medical injuries can happen in the absence of negligence. In medicine, as in law, you are not guaranteed any particular result. To have a claim, you must be able to prove that the injury happened because the health care provider breached the prevailing standard of care. Injured patients are at a disadvantage, in that there is almost no way to know if negligence caused the injury without investigation, often requiring an attorney. If you were injured or lost a loved one and the circumstances seem suspicious, you should contact a medical malpractice lawyer to discuss your situation.

Who Can Be Held Liable For Medical Negligence?

Any health care provider can be guilty of negligence. That includes hospitals, physicians, physician assistants, health maintenance organizations, surgical centers, medical facilities and medical businesses such as professional associations, partnerships, corporations, joint ventures and other associations.

How Will A Medical Malpractice Lawsuit Help Me?

There are several benefits to pursuing a claim for medical negligence. A lawsuit allows you to recover economic and noneconomic damages. That means money for past and future medical expenses, lost wages, lost earning capacity, pain and suffering and more. Malpractice lawsuits can also help hold doctors, hospitals and others in the health care industry accountable for their unsafe actions. Finally, many injured patients and families find some comfort in finding out the truth about what went wrong in a medical procedure and why. It is often impossible to discover the truth without legal intervention.

Do I Need A Lawyer To File A Claim?

Few, if any, legal issues are as complex as medical malpractice. A medical malpractice complaint must be accompanied by a certificate of counsel acknowledging that the claim is being made after reasonable investigation supporting a good faith belief that the health care provider was negligent. The risks of filing a claim without experienced legal counsel on your side far outweigh the benefits.

I Think The Doctors Made A Mistake. Now What?

First, contact an attorney as soon as possible. Take steps to document the situation. Take photos. Ask for your medical records. Keep a record of medications, procedures, medical equipment and anything else that seems relevant. Do not sign anything or discuss the situation with anyone until you've spoken to your lawyer.