Florida Medical Malpractice Attorney

Florida Medical Malpractice Lawyers representing victims in Miami and beyond

When you or your family member is sick or hurt, you may go to a hospital or urgent care center. We want to be able to trust our doctors, nurses and other medical professionals to get us better. While most live up to a high standard of care, some do not and can leave you in a worse condition than you were in when you went in for treatment. Even worse, a family member can die in Florida from medical negligence or malpractice. The Florida medical malpractice lawyers at the Law Offices of Jason Turchin want to help fight for your rights and get you the compensation you deserve. Contact us today at (800) 337-7755 for a free consultation.

Common causes of medical malpractice injury or wrongful death in Florida

The medical malpractice attorneys at the Law Offices of Jason Turchin can represent clients of medical errors for:

Types of Florida medical malpractice claims

Under Florida medical malpractice law, doctors can unfortunately be negligent and get away with it. However, when their level of care falls below the standard of care in the community and that error leads to a patient’s injury, disability or death, the doctor or hospital can be held liable to compensate the patient or patient’s family. Our team of medical malpractice attorneys and medical professionals can represent catastrophic injury and death claims caused by the following:

Birth injuries – While most child births are uneventful and happy, some babies can be deprived of oxygen during birth which can lead to serious brain damage or death. This oxygen deprivation of a baby can have long-term consequences for the child.

Medication errors – Pharmacy negligence happens more often than we may think. Sometimes a patient is given the wrong dosage or wrong medication altogether. When this happens, it can lead to serious injury or wrongful death.

Delay in treatment or diagnosis – If a patient has an acute issue and there is a delay in treatment, it could lead to serious complications or even death. For example, if a diabetic patient goes to CVS or Walgreens needing insulin immediately and the pharmacist refuses to provide the help and turns the patient away without calling 911 or providing additional support and the patient dies in the parking lot, there may be liability for failing to help. Similarly, there could be a malpractice claim if someone falls and complains of back or neck pain and the hospital takes an xray and says it is fine and releases the person, then the person wakes up the following day with paralysis. Imagine if the radiologist misread the xray and failed to diagnose a fracture which could have been stabilized if it was caught properly.

Sexual assault – There have been numerous reported sexual assaults by orderlies, nursing staff and doctors against patients. If you were a victim of sexual assault or rape at the hands of a hospital employee or doctor, you may be entitled to compensation.

Surgical negligence – Medical device malfunctions happen during surgery and can cause a patient far greater injury than the surgery itself. Doctors can also mess up during surgery, like operating on the wrong body part or leaving wires, gause or other medical supplies inside the patient. When a patient is hurt or killed because of a surgical error, the patient or patient’s family could be entitled to compensation.

Sexual assault claims against a hospital, doctor, and other medical professionals

Our office has handled numerous claims of sexual assault against medical professionals. In one case, a woman was sexually assaulted while being bathed right after surgery as she was waking up from anesthesia. Another nurse even walked in during the bathing process. However, a simple review of her chart would have revealed that she was “self-bathe” and nobody should have touched her. Unfortunately, the person bathing her sexually assaulted her during the bath, and had other similar allegations lodged against him from other patients.

What are the elements of medical malpractice in Florida?

Generally, a patient or patient’s family may have a claim for medical malpractice in Florida if they prove (1) a duty by the physician, (2) a breach of that duty, and (3) causation of injury or death. To establish that a physician breached the duty of care owed to the patient, the plaintiff must generally prove that “the care provided by the physician was not that of a reasonably prudent physician.” One point to consider is the extent of what was done by the medical professional or not done by the professional affected the outcome.

Can a hospital be responsible for a doctor’s malpractice in Florida?

Florida law may allow a jury to find a hospital responsible to compensate a patient for a doctor’s malpractice. It’s what we call vicarious liability. Under a theory of vicarious liability, an employer may be liable for the negligence of their employees committed within the scope of employment. Oftentimes, a doctor or other medical professional maintains an independent contractor status, but still acts like they are part of the hospital. If a hospital retains an independent contractor to provide medical services, it may still be liable for the negligence of that independent contractor if the hospital “cloaked her with apparent authority to act on its behalf.” Godwin v. Univ. of S. Fla. Bd. of Trs., 203 So. 3d 924, 929 (Fla. 2d DCA 2016).

Florida law has found that an apparent agency exists if all three of these elements are present: (1) a representation by the purported principal; (2) reliance on that representation by a third party; and (3) a change in position by the third party in reliance on the representation. That may mean that where a hospital held out a particular physician as its agent or employee, and a patient accepted treatment from that physician and reasonably believed that treatment was rendered on behalf of the hospital, the hospital may be found liable for the physician’s negligence.

What is Florida’s medical malpractice statute of limitations?

Under Florida’s medical malpractice law, a patient or patient’s family generally has 2 years to bring a claim for medical malpractice in Florida. Florida also has an exception and may allow you to file a lawsuit within 2 years after you discovered the medical error or should have discovered the error.

Hiring a Medical Malpractice Lawyer in Florida

If you suffered a catastrophic injury from medical malpractice, or a loved one was killed because of a doctor’s negligence, you should speak with a Florida medical malpractice lawyer today to see if you may qualify for a malpractice lawsuit or claim. The Florida malpractice lawyers at the Law Offices of Jason Turchin can evaluate your case to see if you may be able to pursue a case. We also work with a network of other malpractice lawyers who may be able to assist with cases that do not fall within the specific cases we may assist with. Call us any time at (800) 337-7755 and speak with one of our team members today.

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FAQs About Medical Malpractice Claims

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence or failure to meet the standard of care results in harm to a patient. Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent

If you’ve suffered harm due to medical malpractice, you may be entitled to compensation.

How Do I Know If I Have a Medical Malpractice Case in Florida?

You may have a valid medical malpractice case if:

1. A healthcare provider failed to meet the standard of care expected in their field.
2. Their negligence directly caused your injury or worsened your condition.
3. You suffered damages, such as additional medical expenses, lost income, or pain and suffering.

An experienced Florida medical malpractice attorney can evaluate your situation and determine if you have a case.

Who Can Be Held Liable for Medical Malpractice in Florida?

Various parties involved in your medical care may be held liable for malpractice, including:

• Doctors and surgeons
• Nurses and other medical staff
• Hospitals and healthcare facilities
• Pharmacists or pharmacies
• Specialists, such as anesthesiologists or radiologists

Liability depends on who was responsible for the negligence that caused your injury.

What Compensation Can I Receive in a Medical Malpractice Case in Florida?

Compensation in medical malpractice cases often includes:

• Economic damages: Medical bills, rehabilitation costs, and lost wages.
• Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party.

An attorney can help calculate the full extent of your damages.

How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?

The statute of limitations for medical malpractice claims in Florida is typically two years from the date of the injury or discovery of the injury. Some states also have exceptions for minors or cases involving fraud. Acting quickly is generally critical to preserving your right to seek compensation.

What Evidence Is Needed to Prove Medical Malpractice in Florida?

To prove medical malpractice in Florida, you’ll typically need to gather substantial evidence, which may include:

• Medical records and test results
• Expert testimony from qualified medical professionals
• Documentation of your injuries and how they’ve impacted your life
• Communication with healthcare providers, such as emails or notes

An attorney can help collect and organize the necessary evidence to strengthen your case.

What Should I Do If I Suspect Medical Malpractice in Florida?

If you suspect medical malpractice, consider the following steps:

1. Seek medical attention: Address your injuries or worsening condition immediately.
2. Request your medical records: Obtain copies of all relevant documentation.
3. Document your experience: Write down details about what happened and how you’ve been affected.
4. Contact a medical malpractice lawyer in Florida: They can evaluate your case and guide you on the next steps.

Will My Medical Malpractice Case Go to Trial?

Most medical malpractice cases are settled out of court through negotiations. However, if the responsible party refuses to offer a fair settlement, your case may go to trial. A skilled attorney will represent you in both settlement discussions and court proceedings if necessary.

How Much Does It Cost to Hire a Florida Medical Malpractice Lawyer?

Medical malpractice attorneys typically work on a contingency fee basis, meaning you only pay if they win your case. This arrangement allows you to pursue your claim without upfront costs. Be sure to discuss fee structures during your consultation to understand how payment works.

Can I File a Lawsuit for a Loved One Who Died Due to Medical Malpractice?

Yes, if a loved one died due to medical malpractice, you may be able to file a wrongful death lawsuit in Florida. Eligible parties, such as immediate family members or estate representatives, can seek compensation for:

• Funeral and burial expenses
• Loss of companionship and support
• Medical expenses incurred before death

An attorney can help you navigate the process and ensure your family’s rights are protected. Typically, a lawsuit in Florida must be filed by the Personal Representative.