Representing Victims of Medical Malpractice Throughout Central Florida
Medical malpractice lawsuits are civil litigation cases that are brought forth when a medical professional’s negligent care harms a patient. To succeed in a medical malpractice claim, a plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused injuries or wrongful death. Medical malpractice claims can occur in any medical setting, including hospitals, clinics, doctor’s offices, dentist’s offices, outpatient surgery centers, pharmacies, and nursing homes.
At The Davies Law Firm, LLC, we understand how devastating medical malpractice can be for victims and their families. Our legal team holds medical professionals accountable for their actions or failures to act. We trust medical professionals with our lives, expecting them to act reasonably and professionally. When that trust is breached, it is in your best interest to contact experienced legal counsel immediately. Let us investigate your claim, gather evidence, and build a strong case if your medical treatment did not meet an acceptable standard of care.
Causes of medical malpractice include but are not limited to:
- Misdiagnosis or failure to diagnose
- Delay in diagnosis or treatment
- Failure to treat
- Procedural errors
- Surgical errors
- Birth injuries
- Medication errors
- Anesthesia errors
- Mislabeled or lost test results
- Inaccurate test results
What is Substandard Medical Care?
It is important to understand that a poor outcome from medical treatment does not necessarily mean the medical care did not meet the standard of care. If a medical professional could not have been reasonably aware of the risk, there is no liability. However, if another medical professional in the same field and with the same resources would have had a more favorable outcome under the same or similar circumstances, you may be entitled to compensation. At The Davies Law Firm, LLC, we work closely with well-respected medical professionals to strengthen your claim. We seek justice for victims and seek to prevent others from similar suffering.
Examples of Medical Malpractice:
- Discharging a patient too soon from a hospital
- Failure to provide follow-up instructions for care
- Neglecting to consider a patient’s medical history
- Poor monitoring of patients
- Failure to refer a patient in need to a specialist
- Failure to recognize dangerous drug interactions
- Performing surgery on the wrong patient
- Performing surgery on the wrong body part
- Failure to recognize fetal distress in childbirth
- Mishandling or dropping a baby
- Substandard prenatal care
Financial Settlements and Awards
Compensation for medical malpractice claims can include economic and non-economic damages. A settlement or award may include the cost of medical care and restorative surgery, lost wages, diminished future earning capacity, pain and suffering, and disfigurement. In wrongful death cases, additional compensation is available for the bereaved family for funeral expenses, loss of consortium, and more.
Statute of Limitations
Under Florida law, there is a two-year Statute of Limitations for medical malpractice causes of action from the date the harm is reasonably discovered. (Florida Statute 95.11(4)(b).) There are a few exceptions, such as when harm is not immediately discoverable. In these cases, the Statute of Limitations may be extended to four years. After four years, medical malpractice may be a course of action when fraud occurs or for cases involving minors. It is essential to discuss your specific circumstances with an experienced personal injury attorney as soon as possible to determine if your case is within the Statute of Limitations.
Who is Responsible?
Liable parties may be any licensed medical professional or facility. Multiple defendants may be named in a claim, including the attending physicians, nurses, ancillary medical professionals, and the facility or its administrator through vicarious liability.
Medical Malpractice is Preventable
Catastrophic, life-altering injuries or wrongful death change lives forever. At The Davies Law Firm, LLC, we are equipped to assess the actual value of harm a victim has endured. Attorney Kathleen Davies has over thirty-five years of experience in civil and criminal law. She is passionate about seeking justice for victims and their families during times of greatest need. With superior negotiation skills and a strong courtroom presence, Attorney Davies has consistently prevailed over the insurance companies who try to prevent victims and their families from getting what they deserve.