How to Sue a Doctor in Florida, USA?

It’s a scary proposition: You put your faith in the hands of a physician only to be injured or harmed in the process. The fact that it happens often is not calming in any way. For instance, a reported 98,000 patients die annually as a result of medical malpractice. Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff. Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation to suing a doctor. Here’s an idea of what you have to do if you are injured by your physician.

If you want to sue a doctor or a hospital for their negligence call the law offices of Wolf & Pravato:

Suing a Doctor or Hospital for Malpractice Read This:

What to do If you have been injured by a doctor in dental malpractice?

If you have been injured by a doctor in dental malpractice, then the first step you MUST take is to request a copy of your medical records to sue a doctor. This may be a little difficult, because some offices may try to stall or stonewall you. They will also charge you a copying fee for doing this, so be prepared. However, federal law states they must provide you with a copy of your records if you request it. These files may contain information about what went wrong with your treatment to cause the injury in question. That is why it is necessary to get a copy as soon as possible. (It should also be requested quickly after the incident because some records can be altered.)

How To Get A Copy of your Medical Record?

Simply contact the doctor’s office and ask for a copy of everything. This should include all notes from the doctor and other staff as well as lab work and medical imaging such as x-rays or CAT-Scans. If the incident occurred at a hospital, check with their medical records department for this information. If you involved in this and need legal help call our Fort Myers personal injury lawyer.

If a medical Incident That Injured At a Hospital in the US

If the medical incident that injured you occurred at a hospital, such as with a botched surgery or a post-operative infection, then you must inform the hospital as well. This will launch an internal investigation into the incident. When you contact the hospital, you should also inform them that you want to be included in the investigation. They should contact you about providing your side of the story on the record. This can also help with later litigation as the hospital may uncover evidence during this investigation to sue a doctor or hospital.

Patients Can Die As a Result of These “Adverse Events”

Unfortunately, patients can die as a result of these “adverse events.” If your loved one is one of the 98,000 patients who die annually as a result of medical malpractice, then you still have to take steps. First, you should contact the local medical examiner to set up a forensic autopsy. Sometimes, they will do this on their own as there are specific local laws that may require such an autopsy. If they do not, however, you may have to pay for the autopsy yourself with an independent pathologist. Regardless, it is a good idea to have such a procedure performed along with accompanying toxicology tests to determine the cause of death and uncover any evidence of possible wrongdoing or malpractice. For this, you need a lawyer to sue a hospital.

If you or someone you love has been injured by a doctor in Florida Contact A Experienced Lawyer

If you or someone you love has been injured by a doctor, you should also contact an attorney. However, you must realize that they may not take your case. The standard of proof for medical malpractice is much higher than most people realize. It is not possible to file a medical malpractice lawsuit over just anything and expect a multi-million dollar payout. But you should talk to an experienced lawyer to sue hospital to see what they can do with your case and also to see if they can help you sue a doctor or hospital after the incident.

How do I file a malpractice claim against a doctor?

After you have done everything else, you should also meet with your doctor or the hospital officials. Even if you are not going to bring a medical malpractice case, you should try to negotiate with them one-on-one to see if they will waive some of your medical bills or compensate you in some way. You should bring an attorney with you if possible, but always remember that you should never sign any kind of legal document or waiver without an attorney looking it over first. Florida medical malpractice attorney helps to file a malpractice claim against a doctor.

Finally, you should also report the incident to a state regulatory agency for further investigation and possible punitive action. Although many of these punishments will be less than what you may want, it still creates a paper trail that can be presented as evidence in a civil case. Doctors and nurses should be reported to their regulatory boards. State health departments are in charge of hospitals and nursing homes, so they should be contacted if the incident occurred at one of these sites.

2012 -2016 Average Annual Pre-Capita Medical Malpractice Costs Fort All Practitioners in the US States

Medical Malpractice Trends in Florida, USA

Doctors Say “I’m Sorry” To Reduce The Number Of Medical Malpractice Lawsuits

In an article called, “Why is it so hard for doctors to apologize?” in The Boston Globe they said, “Fixing a system built on blame and revenge will require bold ways of analyzing mistakes and a radical embrace of openness.”  They found some interesting cases of how far saying “I’m sorry” and acknowledging mistakes can go when it comes to doctor/patient relationships.

Read the Story of Danielle Bellerose

After losing a premature baby due to necrotizing enterocolitis, a devastating intestinal complication that affects premature babies, just 8 days after delivery at the Beth Israel Deaconess Medical Center, bereft mother Danielle Bellerose, was looking for answers to her question, “Why had no one diagnosed her daughter’s condition sooner?”

After three requests to meet with Beth Israel caregivers and a series of broken promises no meeting ever materialized. When Danielle contacted the hospital to get her daughter’s medical records and a clerk said that no such patient had ever been treated (a problem later attributed to a paperwork error) Danielle started to fear the hospital was hiding behind a mistake and retained a malpractice attorney experienced in handling birth injury cases.

She Contacted a Lawyers to sue for malpractice

Her attorneys obtained her daughter’s medical records and a doctor reviewed them and cited that the baby suffered a “premature and preventable death” from necrotizing enterocolitis that occurred as a “direct result” of “deviations from the accepted standards of care.

Danielle Bellerose filed a lawsuit against six of the doctors and nurses who had treated her daughter. Danielle later said, “If someone had just talked to me, none of this ever would have happened,” but the silence from the doctors and nurses not only propelled her to sue, but the lack of remorse fueled her passion for justice on behalf of her daughter. The Bellerose family was awarded the largest malpractice award in the state that year.

Another attorney agreed that sometimes patients just want to be heard and acknowledged. His plaintiff had suffered a major infection after abdominal surgery and communication between her and her doctor came to halt during the six years between the surgery and the trial. After listening to her doctors’ testimony in court she realized he’d done his best. After winning the case, she told her surgeon that, “If I’d known everything I know now, I would never have sued you.”

After Hospital Quickly Offers Reasonable Cash Settlements

The sued physician took her words to heart and as executive director for clinical safety at a major teaching hospital, he has revised the hospital’s medical liability program. Now, claims are reviewed by impartial medical providers and in cases where a mistake caused harm, doctors are encouraged to apologize for face to face, and the hospital quickly offers reasonable cash settlements.

His results have been good. In the old malpractice system — one that doctors and lawyers call “deny and defend” — parties on both sides of a case would immediately gear themselves for an ugly courtroom battle.  In this physician’s new system, five impartial doctors reviewed a recent possible malpractice case files and concluded her physician had made a mistake. Within three months, the patient and doctors talked to each other during a heart-felt two-hour meeting. The doctors explained the situation and assured the patient she was now cured and her lawyer said his role during the process changed from “warrior to counselor.” The patient turned to her lawyer and told him that she felt so good after that meeting that she didn’t care if she got a dime.

Why the change of heart? She said, “I felt like I had finally been heard. I can’t even describe how euphoric I felt when I left that meeting.”

If you or a loved one have been a victim of medical malpractice, contact our attorneys to discuss your case.

Contact Our lawyer to sue the hospital or Doctor in the USA:

If you or someone you love has been injured by a doctor or medical professional, then you must take some initial steps to ensure you can get results. Contact an attorney to sue a doctor No one wants this to happen to them, but if it does, it is also important something happens to ensure that it will not happen to someone else later on. It is also important you or your loved one receives compensation for your injury. If you feel you have been injured by a doctor, then contact the law offices of Wolf & Pravato to schedule a consultation and learn more about your rights.

We also provide our services in other cities:

• Fort Lauderdale medical malpractice lawyer
• Fort Myers medical malpractice lawyer
• Miami medical malpractice lawyer
• West Palm Beach medical malpractice lawyer
• Boynton Beach medical malpractice lawyer

EZ Doctor Program Reveals Malpractice Claims Based Fort Lauderdale

Revealing medical malpractice claims for a physician is just one service of Fort Lauderdale-based EZ Doctor, which also provides patient scheduling and video chats with doctors, with the goal of improving doctor-patient communication and relationships.

David Marsidi, who co-founded EZ Doctor in 2013 with Dr. Lawrence Hakim, chairman of urology at Cleveland Clinic in Weston said, ” There are a number of issues with our health care system. One of the underlining causes is a simple lack of understanding and communication between patients and doctors.”

Their report can let someone know a lot about their doctor or a potential doctor. Their reports include a doctor’s education; board certifications; hospital affiliations; the average price of a prescription; publication; any disciplinary actions or criminal offenses; malpractice claims, dismissals or settlements; and insurance is taken. The reports also give a summary of patient reviews and rankings online. The information is updated monthly.

A South Florida attorney needed a gynecologist when she moved back to South Florida and used EZ Doctor to find one.  Because medical malpractice played a part in the early death of her mother, she wanted to find a doctor with a clean track record. She said, “I found a great doctor who has outstanding reviews and no malpractice claims.

An employee benefits adviser for Selden Beattie in South Florida said that she uses EZ Doctor to steer clients away from certain physicians whose records show they may over-medicate.

Medical malpractice claims, including misdiagnosis, failure to treat, botched surgeries and others happen in every state, but Florida rates high on the list.  The rate in the top five for receiving medical malpractice payouts. If you or a loved one has been a victim of medical malpractice, consult with a Fort Lauderdale personal injury attorney immediately to review your rights.

While medical malpractice can happen anywhere, the three most common sources are likely hospitals, nursing homes, and doctors. Nursing home residents, of which Florida has many, are dependent upon doctors, nurses and nursing home staff for their care. Unfortunately, many nursing homes charge residents excessive amounts of money for care and it’s not uncommon to hear reports of abuse and neglect.

Types of Medical Malpractice Injuries in Nursing Home

The types of injuries that make up medical malpractice cases in nursing homes include pressure ulcers (bed sores), physical abuse or sexual abuse, and medication errors – all actionable medical malpractice claims.

If you have a loved one or friend in a Fort Lauderdale nursing home and suspect medical malpractice of any type, you should research the physician and nurses on staff to see if there have been any malpractice suits reported.  You can use a service like EZ Doctor or use these additional resources for further information:

Here are some useful nursing home links:

Florida Nursing Home Watch List

Florida Nursing Home Watch List is published by the Florida Agency for Health Care Administration to assist consumers in evaluating the quality of nursing home care in Florida.

Nursing Home Checklist (Medicare Publication)

A convenient checklist with an item by item list of what to consider when looking at nursing homes.

Nursing Home Compare

Provides detailed information about the performance of every Medicare and Medicaid certified nursing home in the country.

Contact Our Expert Lawyers at The Law Offices Of Wolf & Pravato

If you are suffering medical malpractice In this case, you need an experienced Fort Lauderdale medical malpractice attorney working for you. Contact the law offices of Wolf & Pravato for legal help.

We also help the victims of medical malpractice in the following cities:

• Florida medical malpractice lawyer
• Fort Myers medical malpractice lawyer
• Miami medical malpractice lawyer
• West Palm Beach medical malpractice lawyer
• Boynton Beach medical malpractice lawyer

Medical Malpractice Payouts – The Facts

Diederich Healthcare has completed its annual compilation of medical malpractice payouts report to the National Practitioner Data Bank (NPDB). The National Practitioner Data Bank (NPDB) is a federal data bank of information about health care providers in the United States and requires notice of any payout that follows a written demand of payment sent to a medical practitioner.

Florida medical malpractice statistics

Diederich Healthcare has designed a five-page infographic that visually interprets the data collected from 2001 – 2013, including charts and tables for total payout amounts by dollars, state, biggest changes, per capita amounts, settlements vs. judgments, patient type, and type of allegation.

To view the entire infographic, click here.

Some interesting statistics from the study include:

• Most payouts (96% in 2013) take place from a settlement, as opposed to taking the case to trial.

• There’s very little variation by state from one year to the next, but big variation among states.

• The total number and amount of payouts rose in 2013 for the first time since 2003.

Average Settlement for Medical Malpractice

The report says, “ the high settlement figure is due to sampling bias — doctors presumably agree to settle cases where their negligence is more obvious and fight cases where they are more confident that they did nothing wrong. In part the high settlement figure is part of the moral hazard of insurance – doctors often tire of the emotional drain of a lawsuit, and signal a desire to settle (after all, the payout is insurers’ money and doesn’t come out of the physicians’ own pockets) – and insurers are loathed in many cases to make enemies of doctors, who could sue them for bad faith if a very bad verdict occurs at trial.”

The statistics are followed by some observations by the author. He states, “More work remains to be done here, obviously. There are so many questions to answer: How much under-reporting to the NPDB (whether legal or illegal) goes on? Is there a tradition of reporting in some states (New York?) but not in others? Why is New York so seemingly different from every other state? Do statutes inadvertently skew results? [South Carolina, for instance, mandates mediation before any medical malpractice suit – some settlements that take place during that time might not be reported, as no “written demand” has necessarily taken place.] And, of course, per capita payout is not the same as per practitioner payout — some jurisdictions (perhaps DC, MD (Johns Hopkins), etc.) have a much greater concentration of practitioners serving out-of-state residents than do others, and this could skew results.

Contact The Law Offices of Wolf & Pravato for Legal help:

The data is presented in various ways in order to address concerns with the collected information. For example, a few really big settlements or judgments could skew results, especially for smaller states. While the study certainly provides much-needed statistics and information regarding malpractice payouts, more analytical work needs to be done to better interpret the data. Contact the law offices of Wolf & Pravato and take the help of our Fort Lauderdale medical malpractice attorney for more information.

We also help the victims of medical malpractice in the following cities:

• Florida medical malpractice lawyer
• Fort Lauderdale medical malpractice lawyer
• Fort Myers medical malpractice lawyer
• Miami medical malpractice lawyer
• West Palm Beach medical malpractice lawyer
• Boynton Beach medical malpractice lawyer

Medical Malpractice Statistics You Should Know

In the year 2012, there was $3.6 billion in payouts for medical malpractice. That makes for 12, 142 total payouts, or once every 43 minutes. From 1998 to 2001, total medical malpractice payouts increased by 46 percent, but there has been a steady decline since 2003. In 2012, total payouts were 3.4 percent lower than in 2011. Additionally, the bulk of payments made came from settlements, which accounted for 93 percent of all payouts. Only 5 percent of payouts were made from judgments. The following are some more notable findings from the 2013 Medical Malpractice Payout Analysis, done by Diederich Healthcare.

Five states account for 48 percent of all payouts

• New York: $763,088,250

•  Pennsylvania: $316,167,500

• California: $222,926,200

• New Jersey: $206,668,250

• Florida: $203,671,100

Payouts by patient type

• Inpatient: 45 percent

• Outpatient: 41 percent

• Both: 9 percent

43 percent of all payouts were made to male patients

• 16 percent – ages 0-19

• 17 percent – ages 20-39

• 39 percent – ages 40-59

• 23 percent – ages 60-79

• 3 percent – ages 80+

57 percent of all payouts were made to female patients

• 7 percent – ages 0-19

• 27 percent – ages 20-39

• 39 percent – ages 40-59

• 19 percent – ages 60-79

• 4 percent – ages 80+

The severity of alleged injury in medical malpractice claims

• Death: 31 percent

• Significant permanent injury: 19 percent

• Major permanent injury: 18 percent

• Quadriplegic, brain damage, lifelong care: 12 percent

• Minor permanent injury: 8 percent

• Major temporary injury: 7 percent• Major temporary injury: 7 percent

• Minor temporary injury: 3 percent

• Emotional injury only: 1 percent

• Insignificant injury: 0.4 percent

Types of allegations medical malpractice claims

• Related to diagnosis: 33 percent

• Related to surgery: 24 percent

• Related to treatment: 18 percent

• Related to obstetrics: 11 percent

• Related to medication: 4 percent

• Related to monitoring: 3 percent

• Related to anesthesia: 3 percent

• Other: 4 percent

Failure to diagnose accounted for 20 percent of all payouts. Diagnosis-related allegations had the largest percentage of payouts: a total of $1,176,345,550.

Also of note, a study by the New England journal of medicine found that most physicians will be sued for malpractice at least once before the age of 65. The incidence of medical malpractice lawsuits increases based on the risk involved with a physician’s specialty. For example, by age 65, 75 percent of “low-risk” specialties, such as pediatrics and family medicine, will be sued. Conversely, in the same time frame, 99 percent of “high-risk” specialties, such as surgery, will be sued. According to a study in the Journal of the American Medical Association, pediatricians and psychiatrists are the least likely to be sued; less than 30 percent have been sued, less than 10 percent sued twice.

Contact Our Medical Malpractice lawyer for more help:

If you or a loved one has been a victim of medical malpractice, contact a Fort Lauderdale medical malpractice attorney at the law offices of Wolf & Pravato. We can help you fight for the justice the law affords you.

Call the law offices of Wolf & Pravato at 1-954-633-8270 or fill out our online contact form.

Medical Malpractice Lawsuit Cases in Florida

Punitive damages in Florida may be available in a medical malpractice lawsuit case only if egregious or intentional negligence is found to be present. These damages serve to punish the defendant rather than compensate the victim, so evidence must be presented that such damages are warranted given the circumstances of the negligence and its impact on the victim.

What warrants punitive damages in Florida?

There are several factors that a court will look at before awarding punitive damages in Florida. First, there must be some other type of damage award given to the victim, since punitive damages cannot be awarded on their own.

In addition, the actions of the medical professional must have been egregious or intentional. The negligence must be beyond the typical scope of a mistake that causes injury.

For example, according to The Las Vegas Review-Journal, two pharmaceutical companies were ordered to pay $500 million in punitive damages to a patient and his wife. The patient contracted hepatitis C after undergoing a colonoscopy in which Propofol was used as an anesthetic. Health experts believe that reuse of the vials containing Propofol led to this and other cases of hepatitis C, and the lawsuit alleges that the drug companies sold larger vials than what was needed despite the vials being labeled as single-use, thus encouraging subsequent use.

However, punitive damages in medical malpractice lawsuit cases are uncommon. This is because basic negligence is generally at play and it must be proven that the medical professional purposely intended to cause the injury or was grossly negligent, which can be very difficult.

Contacting Personal Injury Lawyers in Florida

If you believe your injury was caused by malicious intent or gross negligence, you may be entitled to punitive damages. A Fort Lauderdale medical malpractice attorney at the law offices of Wolf & Pravato in Florida can help with your case and discuss whether punitive damages may be available. Call us today at (954) 522-5800.

We also help the victims of medical malpractice in the following cities:

• Florida medical malpractice lawyer
• Fort Lauderdale medical malpractice lawyer
• Fort Myers medical malpractice lawyer
• Miami medical malpractice lawyer
• West Palm Beach medical malpractice lawyer
• Boynton Beach medical malpractice lawyer

Medical Malpractice Caps on Damages

Medical malpractice caps on damages exist in nearly 30 states. Florida is one of them. Victims can recover the value of their economic damages, but compensatory damages overall are limited in that non-economic damages are capped depending on who is found to have acted negligently.

Florida Malpractice Caps on Damages 

Economic damages, such as medical bills and lost wages, are not capped. Therefore, if you have $1 million in medical bills, you may be reimbursed for the full amount without any restrictions. When it comes to non-economic damages, however, you may encounter some restrictions.

Non-economic damages are capped at $500,000 if a practitioner is found to have acted negligently, but the cap is raised to $1 million for cases in which a patient is left in a permanent vegetative state or dies. In emergency situations, though, caps are placed at $150,000.

Meanwhile, caps on non-economic damages are $750,000 if a non-practitioner is found to have acted negligently to cause injury to the patient, or $1.5 million if the patient is left in a permanent vegetative state or dies.

To complicate matters further, there is the case of sovereign immunity. This means that public hospitals cannot be sued because they are considered public entities. Florida has a $200,000 limit for cases involving sovereign immunity, but a claims bill –which must be approved by the state legislature – may allow victims to recover a greater amount. For example, according to a Tampa Bay Times report from March 2012, a child who suffered a severe brain injury during birth at a public hospital 14 years ago was awarded $15 million through a claims bill.

Contacting an Injury Law Firm in Florida 

If you were injured because of medical malpractice or in dental malpractice Florida, your compensation may be limited through damage caps. the law offices of Wolf & Pravato is an injury firm in South Florida that can handle your claim and help you recover the damages to which you are entitled.

Contact us today at (954) 522-5800 to discuss how malpractice caps on damages may impact your case.

Parties Involved in a Medical Malpractice Case

Various types of professionals may be liable for a medical malpractice claim. Proving liability requires sufficient evidence, which a Fort Lauderdale medical malpractice attorney can help you assemble. 

Evidence of Medical Malpractice: 

• • medical reports
  • notations from doctors
  • results from X-rays or lab work
  • any other documentation relevant to your treatment and injuries

Liability in a Medical Malpractice Claim 

One of the elements of a medical malpractice case is establishing liability by showing that the healthcare professional did not follow an accepted standard of care. In some circumstances, it could be an individual healthcare provider, a medical institution, or a combination.

Examples of Medical Malpractice Parties That Involved: 

• specialists
• physicians
• pharmacists
• nurses
• surgeons
• anesthesiologists
• dentists

Examples of Institutions That May be Liable in Medical Malpractice: 

• pharmacies;
• hospitals;
• clinics; and
• rehabilitation centers.

In addition, those who work for these entities could also be found negligent, potentially leading to two or more parties being named in a lawsuit.

You need to show evidence of an unreasonable standard of care to prove the liability of the healthcare provider. Medical malpractice or dental malpractice cases are built upon negligence, which means there was a deviation from the expected care a patient is to receive and the manner in which it is delivered.

To prove an unreasonable standard of care for medical malpractice, you may need an expert witness. In the state of Florida, a medical expert must be in the same practice area as the party being sued and must have professional experience Florida medical malpractice lawyer in the field during the previous three years.

Contact The Law Offices of Wolf & Pravato

For a better understanding of all the elements of a medical malpractice case, seek legal counsel at the Law Offices of Wolf & Pravato. Call 954-522-5800 or call 954-633-8270 to review your case and discuss further evidence you may need.

We also help the victims of medical malpractice in the following cities:

• Florida medical malpractice lawyer
• Fort Lauderdale medical malpractice lawyer
• Fort Myers medical malpractice lawyer
• Miami medical malpractice lawyer
• West Palm Beach medical malpractice lawyer
• Boynton Beach medical malpractice lawyer

Types of Medical Malpractice Cases

The types of medical malpractice cases that warrant filing a medical claim are those that result in damages due to negligence. Cases in which the medical professional followed a standard of care or that do not involve serious injury typically do not warrant legal action.

Making a mistake doesn’t necessarily warrant a claim. The severity of your injuries and the circumstances surrounding the act of negligence will play a role in deciding if you have a strong case.

The following are 10 types of medical malpractice cases that could lead to filing a medical claim: 

• leaving an instrument inside the patient’s body;
• giving medications that are known to have harmful interactions with one another;
• amputating the wrong limb;
• lacerating and organ or artery;
• giving a very high, dangerous dose of radiation;
• not performing an emergency C-section when there is fetal distress;
• performing surgery that was unnecessary, such as hysterectomy;
• giving tainted blood to a patient;
• delaying the diagnosis of a serious medical condition and reducing the chance of recovery; and
• improper intubation.

Being able to prove all the elements of a medical or dental malpractice case is critical if you hope to have any chance at recovering compensation, so don’t delay seeking legal counsel.

To learn about your legal rights, contact an attorney at the Law Offices of Wolf & Pravato. Call us at 954-522-5800 or 1-954-633-8270. Cases vary depending on circumstances, so contact a Fort Lauderdale medical malpractice attorney to review whether yours is a type of medical malpractice case that may lead to filing a medical claim.