Healthcare Negligence & Medical Malpractice Attorney In Fort Myers
When you go to a doctor or hospital for medical treatment, you expect to receive the best medical care available. Florida law protects its citizens by requiring that you receive an acceptable standard of medical care, which states that your health care provider must offer care, skill, and treatment that is on par with the other medical professionals in their field.
Medical malpractice lawsuits arise when a health professional fails to live up to a reasonable standard of care when treating a patient and it results in an injury. The state of Florida has specific guidelines for medical malpractice claims so it is important to work with a Fort Myers medical malpractice attorney to ensure that you get the compensation you deserve.
A Fort Myers medical malpractice lawyer can help you determine if your medical condition was made worse, misdiagnosed, mistreated, or otherwise mishandled at the hands of a health provider. Your lawyer can also help you determine the liable party and pursue the cost of your damages.
To learn more about your options, Call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free consultation.
Determining the Basis of Medical Malpractice in Fort Myers
Florida Medical malpractice can take on many shapes and forms. Our team can determine what circumstances led to your condition and work to hold the liable parties responsible. This can include the individual medical practitioner that you directly worked with or the larger facility where you received medical care.
Common medical errors that may constitute medical malpractice include:
- Missed, late, or incorrect diagnoses
- Withholding patient information
- Surgical errors
- Malfunctioning medical equipment
- Incorrect or misinterpreted lab results
- Prescription and medication errors
- Violating HIPAA
- An error made during a medical procedure
- Violating personal boundaries during a medical examination
Every case is different, so you may not see the exact terms of your claim outlined here. We believe that you should not have to suffer under the care of a medical provider. Florida Statute § 381.026 states that every patient has the right to any treatment for an emergency medical condition that could lead to further pain and suffering. Patients also have the right to impartial access to medical treatment regardless of race, national origin, religion, handicap, or source of payment. A breach of any of these statutes can result in the liability of a healthcare provider.
If you believe that these rights were violated under the care of a medical professional, call the Law Offices of Wolf & Pravato at (954) 633-8270 to connect with a member of our team.
What is Emergency Room Medical Malpractice?
Visiting the emergency room is a harrowing experience. While you expect the hospital to treat you as quickly and effectively as possible, the hectic nature of the ER could lead to mistakes. Do you know what medical malpractice in an emergency room looks like?
Negligence in the ER could include:
- an incomplete evaluation (vital signs, blood work);
- laboratory errors;
- wrong dosage of medication or incorrect medication;
- understaffed;
- delayed receipt of care; and
- general medical negligence .
Of course, given the very nature of emergency medicine , medical professionals may not be expected to provide care at the same level as a specialist who has time to carefully evaluate a patient’s health and condition. But emergency physicians and other ER staff must still follow an acceptable standard of care expected of other reasonable professionals.
What’s more, damages must be present to file a claim. Simply waiting a long time to see a doctor is not grounds for a claim. What would make it grounds would be if your condition was improperly evaluated, and that led to a long wait time that worsened your condition. Your Fort Myers medical malpractice attorney can evaluate the particulars of your case to help you determine whether to file a medical malpractice claim in Fort Myers.
Proving Medical Malpractice in Fort Myers
To prove that a medical professional did not act in the best interests of the patient, we must establish a violation of the following:
- Duty of Care. Medical practitioners are held to a high level of ethics to ensure that their patients receive the best health care that is reasonably possible for their condition.
- Breach of Duty of Care. If a health care provider acts against the best interests of the patient’s health, this can be seen as a violation of duty of care. This can involve a lack of judgment or skill on the part of the professional.
- Causation. Our legal team will need to prove how the medical practitioner caused the damages suffered by the patient. This can include the decline of their health, further injuries, or other negative outcomes.
- Damages. You will need to prove that the doctor’s actions caused injury or damages. This can include documents from blood work, an examination by another medical practitioner, or any additional proof of pain and suffering.
When you decide to work with a member of our team, we can work with you to prove that your healthcare provider acted negligently. By investigating your medical records, interviewing members of the medical staff, and proving a violation of the Medical Standard of Care, we can pursue the compensation you deserve to cover the costs of your damages.
Compensation You May Seek in Medical Malpractice
Some of the damages that your settlement may cover can include:
- Pain and suffering and inconvenience
- Reduced quality of life
- Reduced earning capacity
- Lost wages
- Past, present, and future medical costs
- Cost of medical equipment (such as an oxygen tank or wheelchair)
- Loss of consortium
- Wrongful death
By its nature, a medical malpractice claim means you may be faced with significant healing time or with ongoing medical treatments. While you look for relief for your current medical condition, a Fort Myers medical malpractice lawyer can start preparing a case for financial recovery.
The statute of limitations in Florida allows two years to file a medical malpractice claim, beginning from the date of which you became aware of your damages. Other time constraints may apply in your case, including an extension of time if a minor is the victim of medical malpractice. Find out more about what the statute of limitations can mean for your case by speaking with a member of our team.
Call Our Fort Myers Medical Malpractice Lawyer Today
Receiving inadequate medical care can greatly reduce your quality of life. A Fort Myers medical malpractice lawyer can help you define the correct place to assign liability and the steps you should take to hold the responsible party accountable for their actions. Accepting any form of compensation or agreeing to a settlement will limit your ability to pursue future litigation should your medical condition worsen. Additionally, if we are not able to reach an out-of-court settlement, we can represent you through the judicial process.
Avoid going through the complexities of the legal process alone when you can review your options with a Fort Myers medical malpractice attorney. We work on a contingency fee basis, meaning that we do not collect any fees until you agree to a settlement. Call the Law Offices of Wolf & Pravato at (954) 633-8270 to learn more about what we can do for you.
Medical Malpractice Claims in Fort Myers
There are two different categories of medical malpractice damages a person can receive in a medical malpractice claim: economic and non-economic. Economic damages refer to the monetary losses encountered due to your injury. This includes medical expenses, lost wages or lost future earnings. Non-economic damages are the more subjective losses that are hard to put a dollar value on such as pain and suffering, mental anguish, disfigurement or loss of companionship.
The State of Florida places a cap on non-economic damages that can be recovered. In Title XLV Torts Section 766.101, non-economic damages from medical malpractice by a practitioner is limited to $500,000 and damages caused by a non-practitioner are limited to $750,000. In the case of wrongful death or catastrophic injury, damages are limited to $1 million and $1.5 million respectively.
Although there a limits on the amount victims in Florida can receive for their non-economic damages, there is no cap on economic damages.
We Will Work to Prove Negligence on the Part of Your Medical Professional
To win a medical malpractice case, the victim needs to be able to prove that:
- The health professional involved owed a duty of care
- The duty of care was breached and the health professional was negligent
- The negligence of that health professional directly resulted in harm to the victim
- That compensable harm occurred and that the victim is entitled to financial and emotional damages
Do not face financial loss because of the carelessness of a health professional you trusted to help you. If you are the victim of Fort Myers medical malpractice, the Fort Myers medical malpractice attorneys at the law office of Wolf & Pravato can help you to fight for justice and for your medical malpractice payouts.
Contact Fort Myers Medical Malpractice Lawyer For More Help
Victims of medical malpractice may receive compensation for their losses, including medical bills, pain and suffering, and loss of income. Our medical malpractice attorney Fort Myers can guide them throughout this process.
To learn more about how to make a successful medical malpractice claim, or to schedule a consultation with the personal injury lawyer Fort Myers at Law Offices of Wolf & Pravato. Call us today at 1-954-633-8270.
Fort Myers Medical Malpractice Attorneys FAQs
Over the years, our Fort Myers personal injury attorneys have received many of the same questions regarding medical malpractice, such as:
1. What Is the Most Common Reason for Medical Malpractice?
Medical malpractice claims most often stem from medical errors. A medical error is a preventable mistake a healthcare provider or organization makes that causes adverse medical complications. According to Johns Hopkins Medicine, medical errors are the third most common cause of death in the United States. As Per Medical Principles and Practice, the most common medical errors include medication, diagnostic, surgical, and communication errors.
2. What Is the Statute of Limitations to Sue for Medical Malpractice?
Under Florida Statutes § 95.11(7)(a), Florida’s statute of limitations for medical malpractice cases is generally two years from the date the injury occurred or the date it was discovered. The court may extend this time limit, depending on the conditions surrounding your malpractice case. Consult a medical malpractice lawyer in Fort Myers to learn which legal deadlines apply to your lawsuit quickly. You may jeopardize your right to compensation if you wait too long.
3. How Do Medical Malpractice Lawyers Get Evidence?
The primary source of evidence in a medical malpractice case is your medical records. Your medical malpractice attorneys in Fort Myers can subpoena copies of your medical records, which detail treatments, prescriptions, diagnostic testing, and other critical information. In addition, your attorney may request bills and invoices, correspondence from your healthcare provider and insurance company, and testimony from medical experts in the same field.
4. How Much Do Medical Malpractice Lawyers Charge?
Fees for legal representation in a medical malpractice case differ depending on the attorney and your case details, but most medical malpractice lawyers take cases on contingency. That means you do not have to pay for legal costs up front. Instead, Fort Myers medical malpractice lawyers retain an agreed percentage of your final settlement or verdict if they win your case.
5. How Much Is the Average Medical Malpractice Settlement?
Medical malpractice settlements vary depending on the extent and severity of your damages, as well as the extent of the healthcare provider’s malpractice. Since medical malpractice cases differ widely, it is difficult to predict the value of a claim in advance. Generally, settlements are higher for cases involving more severe injuries, long-term disability, and death.
6. Is There a Cap on Medical Malpractice Payouts in Florida?
According to Florida Statutes § 766.118, Florida limits non-economic damages in medical malpractice payouts to $750,000 and $1.5 million if the injury results from a non-practitioner’s negligence.
