Medical malpractice, wrongful death, and pursuing compensation for injuries or negligence:
Here in Florida, medical malpractice is a serious problem.
Our state ranks 5th in the nation for medical malpractice payouts.
Statistics from the American Medical Association show that in the United States, as many as 225,000 people die every year because of medical errors.
In fact, the third leading cause of death in the United States is medical negligence - only behind heart disease and cancer.
Medical malpractice is committed when a health care provider fails to act in accordance with acceptable professional practice and as a result, causes injury or death to a patient. Medical malpractice often goes unnoticed or unreported, and therefore, it is difficult to get accurate estimates on the numbers.
At times, even the most legitimate malpractice claims may be ignored as patients incorrectly fear that they will receive an increase in the cost of their medical care. Others fail to pursue valid claims thinking the costs associated with the litigation will be too much to bear. And some patients worry that other doctors will refuse to treat them after learning about their cases.
When a victim of medical malpractice fails to take action, often times the costs associated with the injuries and future medical bills end up getting absorbed by public programs like Medicare or Medicaid. And if a doctor isn't made aware of or held accountable for their actions or mistakes, they are likely to repeat those same mistakes again on somebody else.
The types of medical malpractice incidents causing death vary to some degree, but every year, there are an average of:
- 106,000 deaths due to Non-error / adverse effects of medication
- 80,000 deaths from infections
- 20,000 deaths from other errors in hospitals
- 12,000 deaths from unnecessary surgery
- 7,000 deaths from medication errors in hospitals
There are many common examples of medical malpractice which include:
- Failure to provide timely and proper care or treatment
- Failure to properly diagnose a medical condition
- Failure to perform surgical techniques correctly
- Failure to adequately monitor a patient during post-surgery care
- Mistakes with anesthesia administration
- Prescription and medication errors
Medical malpractice occurs with various types of health care providers including:
Hospitals • Nursing homes • Walk-in clinics • Chiropractors • Physical therapists • Doctors • Psychologists • Pharmacists • Nurses and nurse's aides
All of these providers are legally obligated to uphold a standard of professional care. Additional types of health care providers as defined by Florida statutes can be found on our list of medical malpractice definitions and related matters.
How do I know if I have a medical malpractice case?
Here at Fernandez Law Group, we have handled many different types of medical malpractice cases over the years. You may have a case for medical negligence as well as legal rights to compensation if you suspect you have become a victim of any of the following:
Ambulance accidents • Inadequate supervision
• Anesthesia mistakes
Incorrectly performed procedures • Birth-related injuries • LASIK eye surgery complications
Emergency room mistakes • Medication errors • Weight loss surgery complications
Missed or delayed diagnosis • Failure to diagnose and treat infections
Nursing home negligence • Surgical mistakes
If you or someone close to you were victims of medical negligence, or suspect you've been subjected to negligent care, the attorneys at Fernandez Law Group are here to help you with your claim. We will secure and examine pertinent medical records, conduct a thorough investigation, interview the patient, friends and family and help you determine whether or not there are enough grounds for us to take action on your case.
To pursue a case for medical malpractice, proof of negligence must be established.
In order to pursue a medical malpractice case, proof of negligence on the part of the health care provider must be established. Our medical malpractice attorneys will be working to prove that the healthcare provider in question was obligated to provide you with a certain standard of care and failed to do so adequately - and that any injuries you received are a direct result of their failure.
It is important to realize that having a bad experience alone does not necessarily mean there has been medical negligence.
Victims of medical malpractice in Florida are entitled to compensation, including:
- Lost wages, or future loss of earning capacity
- Pain and suffering along with future pain and suffering
- Loss of enjoyment of life, future loss of enjoyment of life
- Medical expenses, and future medical expenses
In Florida wrongful death actions, the family of the patient is entitled to compensation for:
- Loss of companionship for certain immediate family members
- Lost future earnings of the deceased
- Lost wages from the time of the injury to
- Medical expenses
- Funeral expenses
The Florida legislature has outlined specific guidelines concerning who is eligible for compensation in the event of a wrongful death. These guidelines are enumerated in the Florida Wrongful Death Act, which is outlined in Florida statutes 768.16 through 768.26.
Don't delay - if you suspect you are a victim of medical negligence, consult an attorney immediately!
Florida has a two year statute of limitations and the investigative process of these cases can become very involved, often requiring a significant amount of time. Meeting with your attorney as soon as possible helps ensure more options for you along with better results.
Insurance companies are known for trying to settle with injured parties directly if at all possible because if they act quick enough, they may be able to settle before the full extent of the injuries are known. Furthermore, they may also be trying to prevent you from hiring an attorney in an effort to reduce the settlement value of your claim.
At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to get you the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.
Call or Text us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez