Medical Malpractice Attorney in Brandon, FL

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Pursuing Medical Malpractice Claims

The National Academies of Sciences projected that up to 98,000 hospital patients die from medical errors in their report, To Err is Human. Public Citizen, which also published a report on the matter, asserted that deaths owing to medical mistakes were more common than deaths from car accidents, breast cancer, or AIDS combined.

However, it appears that fewer medical malpractice cases have been handed out recently. On the True Cost of Healthcare website, more than 16,000 claims were paid in 2001. That number was less than 8,500 in 2016. During that time, the typical payout for a successful claim decreased by about 23%.

Additionally, Florida is prominently featured in numerous collections of medical malpractice statistics. According to the True Cost of Healthcare website, the state had an average of 51.86 claims per million population between 2012 and 2016, placing it eighth in the country. You need a local legal firm in the Brandon area that understands the ever-growing struggle.

If a doctor injured you because of their carelessness, or if a loved one passed away due to substandard medical care, your family deserves a closer investigation into the matter. The Florida medical malpractice attorneys of Hale Law have an on-staff physician to review medical malpractice and wrongful death matters. Call our law offices right away at (800)-800-1414 to start exploring your legal options in a free, confidential case evaluation.

What Constitutes Medical Malpractice? Do I Have a Case?

Before filing a case, claimants must understand how medical malpractice is defined from a legal standpoint. Malpractice does not mean suffering pain or a negative outcome following a procedure performed in accordance with all normal industry standards. While bad outcomes can be immensely upsetting and frustrating, they cannot be legally considered malpractice if the doctor (or other healthcare professional) did not actually make any errors or mistakes.

There must be several elements in place for an incident to be successfully deemed true malpractice:

There must be a formal patient-doctor relationship between the plaintiff and defendant. – This creates a formal “duty of care” from the doctor to the patient. (Note that taking casual advice does not constitute a formal patient-doctor relationship.)
The doctor must breach their duty of care to the patient by acting negligently. – In a legal context, negligence means that the party at fault failed to live up to the normal standard of care that a reasonable person would expect under the same set of circumstances. In other words, if one doctor makes an avoidable error that any other reasonable doctor would have noticed and corrected – such as failing to sterilize tools, or to ask the patient about other medications they were taking – the doctor who made the error may be considered negligent.
The doctor’s negligence must have caused an injury to the plaintiff.
The plaintiff’s injury caused by the negligent doctor must have led to damages.

Depending on the specific details involved in a claim, a plaintiff may be able to recover compensation for damages such as hospital bills, lost income, and physical pain and suffering.

What Are the Common Examples of Doctor Negligence and Malpractice?

Malpractice can manifest in different ways, depending on factors like the patient’s health and the type of doctor or procedure involved. The following is a non-exhaustive list of some relatively common forms of medical and hospital negligence:

Failing to monitor a patient’s oxygen levels while he or she is sedated. If a sedated patient is not closely monitored by a qualified anesthetist or anesthesiologist and an error occurs, they can aspirate vomit and suffer brain damage, coma, or even death.
Failing to notice and diagnose an apparent early-stage disease.
Failing to count all tools used during a surgical procedure. When items are forgotten and left behind inside patients’ bodies, it is referred to as surgical object retention or a surgical error. Whether a forgotten object is a soft pad of gauze or a sharp pair of scissors, the result can be blockage, organ damage, internal bleeding, or death.
Practicing in a field for which the doctor is not licensed or qualified.
Improperly sterilizing tools and equipment, including failure to wash hands and take other hygienic measures before an operation or examination.
Incorrectly filling out a prescription, or making a medication error that results in death or injury to the patient.
Failing to obtain a patient’s medical history and information regarding food, drug, and alcohol use. This can lead to deadly drug interactions and avoidable complications that should have been foreseen.
Permitting unnecessary and dangerous delays in treatment, such as waiting too long to address a known infection or illness.
Causing a birth injury to the baby and/or mother in pregnancy-related cases, such as accidentally cutting the baby with a surgical tool during a C-Section delivery.
Physically or sexually assaulting a patient, or otherwise engaging in sexual contact, abuse, or harassment.

If any of these issues have affected you or a loved one, you should contact our medical malpractice lawyers immediately. We may be able to help you secure rightful financial compensation for your suffering and losses.

Standard of Care

All medical professionals in the state of Florida must follow a reasonable “Standard of Care.” This means that regardless of where the doctor is located, they must give the same level of care to any other patient under similar circumstances. For instance, a doctor in Miami must provide the same standard of care that a doctor in Tampa would offer patients for a similar procedure. Patients who feel they were not given a reasonable standard of care that has resulted in unnecessary injury or suffering may have grounds for a malpractice suit. This is specifically defined under Florida Statute 766.101, which states that:

“The prevailing professional standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.”

For example, if a patient comes into the Emergency Room complaining of lower right abdominal pain, the prevailing reasonable standard of care would be to press on the abdomen to check for rebound pain. Afterward, the doctor would order blood work to check the white cell count and a CT scan, Ultrasound, or X-ray. This would be considered the proper way to rule out appendicitis or other lower abdominal issues and fall under a reasonable standard of care.

However, imagine the same scenario with another doctor who simply tells the patient, “It’s probably just gas pain. You’ll feel better in a few hours.” and sends them home without running diagnostic tests. Then, the patient’s appendix ruptures, placing them in a life threatening situation from the resulting infection. In this alternative situation, the doctor may be sued for malpractice because they did not provide what would be considered a reasonable standard of care.

Medical Device Injury

If your injury was caused by a surgically implanted medical device, such as a metal hip replacement or IVC filter, you may be entitled to compensation from the manufacturer. Certain devices have been shown to carry an unnecessarily high risk of patient injury. As a result, manufacturers of these products face mass litigation by affected individuals.

Di Pietro Partners is pursuing cases against certain manufacturers of defective medical products. You can read more about the individual products and manufacturers our Law Firm is pursuing cases against within the link below.

List of defective medical devices.

It’s important to note that if you were harmed by one of these products anywhere in the United States, we may be able to take your case and ensure you receive compensation.

Florida Malpractice Act and Statute of Limitations

Florida’s complex Medical Malpractice Laws can be difficult to navigate and understand. The Florida Malpractice Act places the burden of proof upon the plaintiff to prove a medical professional was, in fact, negligent. To do this, another medical professional from the same field will be needed to testify for you. Additionally, causation must be proved, meaning there must be evidence that the medical professional’s actions or failure to act was the cause for your injuries.

On top of this, the State of Florida has a statute of limitations on malpractice cases. According to the medical malpractice statute in The Florida Legislature: (2018)

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday…” (Section 95.11 7b)

In other words, in many cases, there is a two-to-four-year statute of limitations on malpractice claims in Florida with several exceptions (i.e. a minor child was involved). Furthermore, cases involving fraud, intentional misrepresentation, or concealment carry a seven-year maximum limit on filing a claim. As a result, it’s imperative to have your case reviewed by our legal and medical professionals as soon as possible.

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