Medical Malpractice: When Healthcare Providers Fall Short of Their Duty

The Standard of Care

Medical malpractice occurs when a healthcare professional deviates from the accepted "standard of care" in the medical community, causing injury or death to a patient. It is not just a mistake; it is negligence.

Common Types of Malpractice

• Misdiagnosis or Delayed Diagnosis: Failing to recognize signs of cancer, heart attack, or stroke when a competent doctor would have.
• Surgical Errors: Operating on the wrong site, leaving instruments inside the body, or damaging nerves.
• Medication Errors: Prescribing the wrong drug or dosage.
• Birth Injuries: Negligence during delivery causing cerebral palsy or other lifelong injuries.

The Pre-Suit Process

Florida law makes filing these lawsuits difficult. Before filing, we must conduct a thorough investigation and obtain an affidavit from a medical expert in the same field stating that there are reasonable grounds to believe malpractice occurred. We then must initiate a "Presuit Period" notifying the provider of intent to sue, allowing them 90 days to investigate and potentially settle.

Damages and Caps

Victims can recover for medical bills, lost wages, and pain and suffering. Florida's caps on non-economic damages (pain and suffering) have been subject to intense legal battles and court rulings; currently, the landscape is shifting, making experienced counsel vital to maximize recovery.

Conclusion

Medical malpractice cases are expensive and technically complex to litigate. Gitlen Law Firm has the resources and expert network to challenge powerful hospitals and insurance groups.