Fort Myers Medical Malpractice Lawyer

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 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 these rights can result in liability for 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, such as vital signs or blood work;
• Laboratory errors;
• The wrong dosage of medication or incorrect medication;
• Understaffing;
• Delayed receipt of care; and
• General medical negligence.

Given the 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. However, 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 necessarily grounds for a claim. It may become grounds for a claim if your condition was improperly evaluated and the resulting delay 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 the following:

• Duty of Care. Medical practitioners are required to provide care consistent with the applicable professional standard of care.
• Breach of Duty of Care. A healthcare provider may breach the duty of care by failing to act as a reasonably prudent similar provider would under comparable circumstances.
• Causation. Our legal team will need to show that the medical practitioner’s breach caused or substantially contributed to the patient’s injuries.
• Damages. You will need evidence of compensable harm, which may include medical records, bills, lost-income documentation, expert testimony, and proof of pain and suffering.

When you decide to work with a member of our team, we can work with you to determine whether your healthcare provider acted negligently. By investigating your medical records, interviewing members of the medical staff, and evaluating the applicable medical standard of care, we can pursue the compensation available for your damages.

Compensation You May Seek in Medical Malpractice

Some of the damages that your settlement may cover can include:

• Pain, suffering, and inconvenience
• Reduced quality of life
• Reduced earning capacity
• Lost wages
• Past, present, and future medical costs
• The cost of medical equipment, such as an oxygen tank or wheelchair
• Loss of consortium
• Wrongful-death damages when legally available

By its nature, a medical malpractice claim means you may be faced with significant healing time or 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.

Under Florida Statutes § 95.11(5)(c), a medical-malpractice action generally must be commenced within two years after the incident occurred or within two years after the injury was discovered, or reasonably should have been discovered. The statute also establishes a four-year period of repose, subject to specific statutory exceptions involving matters such as fraud, concealment, intentional misrepresentation, and claims brought on behalf of certain minors. Because these deadlines are fact-specific, consult a medical-malpractice lawyer promptly to determine which deadlines apply.

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 identify the potentially liable parties and the steps required to hold them accountable. Accepting compensation or agreeing to a settlement may limit your ability to pursue additional recovery if your medical condition worsens. If we are unable 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 attorney’s fees unless we recover compensation for you. 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

Medical-malpractice damages generally fall into two categories: economic and noneconomic damages. Economic damages include measurable financial losses such as medical expenses, lost wages, and reduced future earning capacity. Noneconomic damages address losses that are more difficult to quantify, including pain and suffering, mental anguish, disfigurement, and loss of companionship.

Florida Statutes § 766.101 concerns medical review committees and does not establish limits on medical-malpractice damages. Florida’s former statutory caps on noneconomic damages under § 766.118 were held unconstitutional by the Florida Supreme Court in Estate of McCall v. United States for medical-negligence wrongful-death claims and North Broward Hospital District v. Kalitan for medical-negligence personal-injury claims.

The damages recoverable in a particular medical-malpractice case depend on the facts, supporting evidence, available categories of damages, and applicable law. The historical $500,000, $750,000, $1 million, and $1.5 million figures should not be presented as current enforceable caps.

We Will Work to Prove Negligence on the Part of Your Medical Professional

To prevail in a medical malpractice case, the claimant generally must establish that:

• The healthcare professional owed the patient a duty of care;
• The healthcare professional breached the applicable standard of care;
• The breach caused or substantially contributed to the patient’s injury; and
• The patient sustained compensable 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 Offices of Wolf & Pravato can help you pursue the medical malpractice compensation available under Florida law.

Contact a Fort Myers Medical Malpractice Lawyer for More Help

Victims of medical malpractice may be entitled to compensation for losses including medical bills, pain and suffering, and lost income. Our Fort Myers medical malpractice attorneys can guide you throughout this process.

To learn more about pursuing a medical-malpractice claim or to schedule a consultation with a Fort Myers personal injury lawyer at the 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 often stem from preventable medical errors. Common examples include medication errors, diagnostic mistakes, surgical errors, and communication failures that cause patient harm. According to Johns Hopkins Medicine, medical errors represent a significant patient-safety concern. Research published in Medical Principles and Practice discusses common medical errors involving medication, diagnosis, surgery, and communication.

2. What Is the Statute of Limitations to Sue for Medical Malpractice?

Under Florida Statutes § 95.11(5)(c), a medical-malpractice action generally must be commenced within two years after the incident occurred or within two years after the injury was discovered, or reasonably should have been discovered. The statute also establishes a four-year period of repose, subject to specific statutory exceptions involving matters such as fraud, concealment, intentional misrepresentation, and claims brought on behalf of certain minors. Because these deadlines are fact-specific, consult a Fort Myers medical-malpractice lawyer promptly to determine which deadlines apply to your potential claim.

3. How Do Medical Malpractice Lawyers Get Evidence?

The primary source of evidence in a medical malpractice case is often the patient’s medical records. Medical malpractice attorneys can obtain records detailing treatments, prescriptions, diagnostic testing, and other critical information. An attorney may also request bills and invoices, correspondence from healthcare providers and insurance companies, witness statements, and testimony from qualified medical experts.

4. How Much Do Medical Malpractice Lawyers Charge?

Fees for legal representation in a medical malpractice case differ depending on the attorney and the details of the case. Many medical malpractice lawyers accept cases on a contingency-fee basis. This generally means that clients do not pay attorney’s fees upfront and the attorney receives an agreed percentage of the recovery if the case is successfully resolved. Clients should review the written fee agreement for the precise terms and responsibility for case costs.

5. How Much Is the Average Medical Malpractice Settlement?

Medical malpractice settlement amounts vary depending on the nature and severity of the injuries, the available evidence, the extent of the healthcare provider’s negligence, insurance coverage, and other case-specific factors. Because medical malpractice cases differ widely, it is not possible to predict the value of a claim based on an average. Cases involving catastrophic injuries, permanent disability, or wrongful death may involve substantial damages, but every result depends on its particular facts.

6. Is There a Cap on Medical Malpractice Payouts in Florida?

Florida Statutes § 766.101 does not establish a medical-malpractice damages cap; it concerns medical review committees. The Florida Supreme Court held the former noneconomic-damages caps in § 766.118 unconstitutional in medical-negligence wrongful-death and personal-injury cases. Therefore, the historical $500,000, $750,000, $1 million, and $1.5 million figures should not be described as current enforceable limits. Recoverable damages depend on the facts, evidence, available categories of damages, and applicable law.