Florida Medical Malpractice Attorney

You Need an Experienced Attorney on Your Side

Medical malpractice is among the most complicated types of cases attorneys face. The field is controversial at best, and when healthcare providers and insurance companies join the fray, adequate recovery can become a challenge.

If you, your child, or a loved one has been injured due to medical malpractice by a physician, nursing home facility, hospital, clinic, or assisted living facility, you need an experienced attorney on your side that has your best interests at heart. Contact Michael C. George, PA for a free initial consultation during which our firm will review your case and create a plan that includes your options and how we can fight to ensure your rights.

Call us at 877-MCGLAW1 for more information.

Navigating the complexities of healthcare can be a daunting journey, especially when that journey leads to unforeseen harm due to negligence. Seeking the expertise of a medical malpractice lawyer is a critical step for individuals who find themselves victims of such distressing circumstances. These specialized attorneys play a pivotal role in advocating for the rights of patients, ensuring they receive the compensation they deserve for the harm they've endured. The significance of understanding what constitutes medical malpractice, coupled with the knowledge of how to seek proficient legal representation, cannot be understated, as it empowers individuals to stand up against inadequate care and seek justice for their grievances.

This article delves into the essentials of identifying and understanding medical malpractice, outlines the crucial steps victims should take following such an unfortunate experience, and what they can anticipate during the legal process of a medical malpractice case. With a focus on guiding readers through the intricate path of securing a competent medical malpractice lawyer, it also offers insights into what constitutes negligence, how to find experienced medical malpractice attorneys near me, and the importance of obtaining just compensation for the suffered damages. By providing a comprehensive overview, this guide aims to equip individuals with the knowledge and resources necessary to navigate their legal journey with confidence and clarity.

Understanding Medical Malpractice

Definition and Types of Medical Malpractice

Medical malpractice occurs when a healthcare professional acts with negligence, leading to harm to a patient. This negligence can manifest in various forms, such as misdiagnosis, delayed diagnosis, surgical errors, and failure to treat appropriately. For instance, misdiagnosis or delayed diagnosis can significantly impact patient outcomes, often worsening the condition due to incorrect or delayed treatment.

Common Examples of Medical Malpractice Cases

Several scenarios exemplify medical malpractice, including surgical mistakes and birth-related injuries. Surgical errors may involve wrong-site surgery, unnecessary procedures, or leaving surgical instruments inside the patient. In the context of childbirth, negligence can result in severe injuries such as cerebral palsy or brachial plexus injuries due to improper use of assistive devices or inadequate monitoring. Additionally, cases involving defective medical devices that cause harm, or failure by medical professionals to use sterile instruments, also constitute medical malpractice.

Steps to Take If You Are a Victim of Medical Malpractice

Documenting Evidence

When one suspects medical malpractice, it is crucial to promptly gather and preserve all relevant evidence. This includes securing copies of all medical records, which may comprise hospital logs, diagnostic images, and exam evaluations. Additionally, maintaining a personal injury journal documenting daily health status can significantly support claims of non-economic damages such as pain and suffering. It's advisable to obtain these documents quickly as the liable party may alter or destroy them.

Consulting a Medical Malpractice Lawyer

Consulting with a skilled medical malpractice lawyer is essential. During the initial consultation, it's important to provide the lawyer with all pertinent medical records and details of the incident. A lawyer will assess the viability of the claim and guide through the legal intricacies, potentially consulting medical experts to corroborate the claim. They handle all correspondence with the opposing parties and negotiate for a fair settlement, or prepare for trial if necessary.

Filing a Claim

Filing a medical malpractice claim involves several critical steps. Initially, contact the medical professional involved to discuss the possibility of rectifying the issue. If this is unfruitful, contacting the relevant medical licensing board may be the next step as they can issue warnings or discipline the practitioner. Understanding the statutes of limitations is crucial as it dictates the timeframe within which one must file a claim to be eligible for compensation. If the decision is to proceed with a lawsuit, one must gather all evidence, identify the appropriate court, and file the necessary paperwork.

What to Expect During a Medical Malpractice Case

Legal Procedures

When pursuing a medical malpractice case, the plaintiff must first establish a good faith belief that medical negligence occurred, often supported by a pre-suit expert affidavit. The legal journey begins with notifying the defendant through a pre-suit notice, which sets the stage for the insurance company's pre-suit investigation. If negligence is acknowledged, settlement discussions may commence, potentially avoiding court. However, if the claim is rejected, the plaintiff may proceed to file a lawsuit, leading to a series of legal steps including depositions and possibly a trial.

Potential Outcomes

The outcomes of medical malpractice cases can vary significantly. Statistics show that physicians win 80% to 90% of jury trials with weak evidence of negligence and about 50% of trials with strong evidence of negligence. Settlements are more likely when negligence is clearly demonstrated, and the quality of care is judged unfavorably. In cases that go to trial, the financial implications for physicians can be substantial, affecting their malpractice insurance premiums and possibly their professional standing.

We Get Results

At our office, you can trust that we never settle for less than the best as seen in the many settlements and verdicts our former clients received. These cases resulted in millions of dollars, so choosing one of our attorneys means you obtain qualified legal assistance and the peace of mind that can support you during this challenging time.

Michael C. George is a member of the Million Dollar Advocates Forum. He is highly qualified to take on even the most complex personal injury cases. Additionally, this Florida medical malpractice attorney has taken on some of the largest insurance companies nationwide.

Medical Malpractice Injuries

The Journal of the American Medical Association (JAMA) states that medical negligence is the third leading cause of death in the US, standing just behind heart disease and cancer. Malpractice occurs when a health-care provider deviates from the agreed-upon "standard of care" while treating his or her patient. Standard of care is the action a "reasonably prudent medical provider" would do under the same circumstances.

Types of injuries suffered by patients because of physician negligence include:

Maladies due to an incorrect dosage of medicine
Death because of being turned away by hospital staff due to lack of insurance
Leaving operating tools or materials in a patient after the operation is complete
Bed sores, dehydration, or abuse in nursing home facilities
Misunderstanding operation location sites
Misdiagnosing, and more

What Parties are Liable?

If medical malpractice takes place, the liability can fall on any of the following:

Doctor in Charge
Nurses
Hospital Staff
Therapists
Physical Therapy Agents
Nursing Home Aides
Anesthesiologists
Pharmaceutical Companies
Other Health Care Workers

In some cases, a hospital can be vicariously or directly liable for omissions or acts of contractors (sometimes doctors) it retains.

What Damages Will I Recover Due to Medical Malpractice?

Bringing a medical malpractice action includes the duty owed by a physician to his or her patient. Departure, proximate cause, and damages address how a failure to practice standard of care caused harm to the plaintiff. Medical malpractice damages can take the form of:

Disfigurement
Mental Anguish
Pain
Loss of Consortium
Loss of Enjoyment of life
Aggravation of a Pre-Existing Condition
Medical Bills, both Present and Future
Loss of Income
Children's Loss of Guidance from a Parent
And More...

According to Physician's Weekly, "General and special damages are called "compensatory damages" because they are designed to "make the plaintiff whole" – to compensate them for the actual extent of the harm that they suffered. Punitive damages, however, are unrelated to that calculus. They are what they sound like: punishment. They are damages assessed against a defendant whose negligent conduct was egregious or highly reckless, or whose misconduct was actually malicious or intentional."

How Does a Plaintiff Receive Compensation?

So-called experts may be asked to represent the defendants. They will try to show that medical statistics and research prove that your case is not viable. Doctors, insurance companies, and hospitals will attempt to show your injury did not occur because of malpractice. If we fight your case and win a settlement or a verdict, we will then compete to obtain your best possible damages.

Once damages are decided, the case is complete. The legal system of the US is respectful to the finality of a jury trial. Most medical malpractice cases, however, are settled out of court.

The Law Office of Michael C. George, P.A.

"Since 2003, my office has served the entire state of Florida for those who have been victims of accidents due to the negligence of others. We have handled cases everywhere from Jacksonville to Tampa to Tallahassee to Miami. My goal is to strive to be the very best lawyer you could have to handle your case, and I will always treat you like friends and family. You will get the full care, courtesy and respect you deserve. Unlike many other law firms, you will never be a number. I will know every client, and every client will have my personal cell phone number so that you can reach me at any time, day or night."

- Michael C. George, P.A.

Our firm takes tremendous pride in the fact that we authentically care for our clients. Our combined passion for winning your case and our compassion for whatever injuries you have suffered is real. Victims who have been harmed by willful or careless negligence on the part of others need assistance to obtain their fair compensation. Our years of experience and our solid record of getting the results our clients deserve, make us more than ready to assist you.

Once you call to schedule your free consultation, you'll know that you we will treat you with respect and courtesy at all times. We are available to you 24/7, 365 days a year. Although our team has handled thousands of cases, that does not mean that your situation is not important to us. Every client gets Michael C. George's cell phone number.

We are committed to helping those who have suffered from severe injury or a loved one's wrongful death due to the negligence of another person. You could say we are a law firm with a big heart. Contact us today if you're in need of a Florida medical malpractice attorney. We are ready to start the process for you.

Conclusion

Throughout this article, we have demystified the fundamental aspects of medical malpractice and the pivotal role of a medical malpractice lawyer in navigating the complexities of legal claims. We highlighted the types of medical negligence, from misdiagnoses to surgical errors, and the crucial steps victims need to undertake, including documentation of evidence and consulting with a skilled attorney. These actions are not only essential for initiating a legal quest for justice but also for ensuring that victims are adequately compensated for their suffering and the wrongs done to them.

By understanding the path to legal recourse and the possible outcomes of medical malpractice cases, individuals are better equipped to advocate for their rights and seek the justice they deserve. The journey through the medical and legal landscapes can be arduous and intimidating, but with the right knowledge and professional guidance, victims can navigate these terrains with confidence. It is our hope that this guide serves as a beacon for those affected by medical malpractice, illuminating the steps toward recovery and reparation. As we close this discussion, let us be reminded of the importance of legal representation in addressing medical malpractice and the significant impact it has on not only securing just compensation but also on galvanizing changes within the healthcare system for the greater good.

FAQs

What are the key principles of medical malpractice?
The key principles, or the four C's, of medical malpractice are compassion, communication, competence, and charting. These principles are crucial for doctors and other healthcare providers to effectively manage their interactions with patients and prevent malpractice claims.

Under which category of law do most medical malpractice lawsuits fall?
Most medical malpractice lawsuits fall under the category of tort law, which is a branch of law that addresses and provides remedies for civil wrongs performed outside of contractual obligations or criminal acts. Tort law specifically focuses on professional negligence in the context of medical malpractice.