Your life is literally in someone else's hands when you accept medical care. A medical mistake by someone you trust changes your life forever. Some patients face a lifetime of permanent changes, while others deal with a lengthy recovery.
At Dolman Law Group Accident Injury Lawyers, PA, our award-winning medical malpractice attorneys fight for victims of negligent medical care. You can trust our team to determine the best path toward the most favorable outcome possible in your medical malpractice claim.
Contact an experienced medical malpractice attorney at Dolman Law Group Accident Injury Lawyers, PA, to discuss your accident and injuries, determine your eligibility for compensation, and devise the best course of action for your individual circumstances.
A Medical Malpractice Lawyer at Dolman Law Group Can Help You Recover After a Medical Professional Harms You
No one schedules an appointment or procedure or seeks acute care expecting a tragic outcome. However, broken trust with a healthcare provider can cause malpractice victims to suffer from post-traumatic stress syndrome (PTSD).
The American Psychiatric Association cites avoidance as a key component of PTSD. Patients who experience a negative healthcare experience may suffer from anxiety and delay or avoid seeking future medical care. Delayed or unattained treatment can severely impact your quality of life.
Table of Contents
- Find The Best Medical Malpractice Lawyers
- Why Hire an Attorney?
- Who is Liable for Medical Malpractice Damages?
- Types of Medical Malpractice Damages
- Witnesses in Medical Malpractice Cases
- Contact a Medical Malpractice Attorney Today
Our Medical Negligence Lawyers Listen to Victims
A doctor or other medical professional who diminishes your concerns can frustrate you even more. If the health care provider you trusted now hides behind their insurance company or lawyers, talk to us.
Our medical malpractice lawyers listen to victims when no one else does. A medical mistake and malpractice case is a serious legal matter. If the health care provider made a mistake with your care or the care of a loved one, chances are they continue to make similar mistakes.
Holding a trusted caregiver accountable is vital for your future. There is no way to predict what care your medical mistake may require in the future. Medical malpractice lawsuits concern insurance companies, too, and it is the reason they want to talk with you alone.
Once you hire the right medical malpractice lawyer, insurance companies know their chance to settle for a low amount is over. If an aggressive insurance adjuster contacts you, refer them to your lawyer. Never accept a settlement offer without a lawyer present.
A medical negligence lawyer has your best interests at heart and not profits. Your lawyer not only will listen, but they will also collect no up-front legal fees. Their fee is contingent upon winning your case.
We want to learn more about your experience. Let us listen to your story, review your evidence, and get to work on your behalf today.
What Exactly Is Medical Malpractice?
Medical malpractice refers to professional negligence by a healthcare professional or provider who deviated from the normal medical standards expected within their specialty. This often occurs when the treatment provided is substandard and causes harm, resulting in an egregious injury or death to a patient.
In the majority of cases, negligence or medical malpractice claims involve a medical error, such as:
- Missed or delayed diagnosis
- Medication dosage errors
- Health management errors
- Treatment errors
- Surgical mistakes
- Medical errors in aftercare
The error may also have occurred because of something the healthcare professional did not do. This is known as an act of omission.
Dolman Law Group Accident Injury Lawyers, PA, has a track record of success with many cases related to medical malpractice, and we plan to continue to add to our list of impressive achievements. Our personal injury law firm is proud to represent and defend anyone who is a victim of medical negligence.
Even if you are not sure if you've been wronged or simply don't know what to do next, call us. Our proud and respected team of personal injury attorneys will stand with you in your fight to ensure a fair and victorious result
Why Hire a Medical Malpractice Attorney?
The medical field is a large and powerful industry, with insurance companies and lawyers. Those who did you wrong have people on their side, and you should, too.
A medical malpractice lawyer from Dolman Law Group Accident Injury Lawyers, PA, has the experience and knowledge necessary to protect your best interests. Your lawyer will fight for the compensation you deserve and not accept the amount insurance companies want to pay.
Collecting evidence and interviewing witnesses is best done as soon as possible. We dig deep to identify all parties liable for your damages, and we must take quick action as information can become lost or destroyed. For example, witness memories may fade, or witnesses may relocate with no forwarding address.
Let us investigate your case by reaching out to us today. A free case evaluation is an important first step toward taking legal action.
Who Can Be Liable for Medical Malpractice Damages?
When most people think about medical malpractice, they imagine doctors making mistakes that end up causing their patients to be injured. This scenario rings true for many cases of medical malpractice, but doctors are not the only ones who can be responsible for medical malpractice.
There are a number of healthcare professionals who take part in healthcare that can end up harming a patient because of negligence. Nurses, doctor assistants, medical technicians, nurse practitioners, and other medical professionals can all act negligently and harm patients.
Sometimes, it may not be a doctor's fault directly, and the fault may instead lie with the institution or one of the many employees employed by a healthcare facility through vicarious liability. Sometimes, there can be additional parties that share liability for medical malpractice injuries in addition to a negligent medical professional.
When filing a medical malpractice lawsuit, looking for compensation from multiple parties can increase the chances of getting more compensation for the damages caused by medical malpractice.
The Statute of Limitations for Filing Your Medical Malpractice Case
It may take forever to get a doctor's appointment, yet you must act quickly when malpractice occurs. The statute of limitations for filing a civil lawsuit is a tight window of opportunity that you must meet.
Under Fla. Stat. Ann. § 95.11(b), you have two years from the date you discovered (or should have discovered) the injury to file a claim. At most, you have four years from the date the malpractice occurred.
If you do not file your case within the required timeframe, you may miss your chance for compensation forever. The stress of your situation is enough to manage as you adjust to your life changes.
At Dolman Law Group Accident Injury Lawyers, PA, meeting court deadlines is just part of what we do. We can manage all aspects of your case and keep you informed throughout the process.
You do not have to shoulder the burden of your case alone. Get the help you need with your medical malpractice case today.
Let Us Investigate Your Medical Malpractice Case
A hospital, doctor, or other health care professional is not liable for all the harm a patient might suffer. They are only legally responsible for harm or injuries that result from their deviating from the standards of care that a competent doctor would normally provide in similar situations, and which resulted in harm or injury for the patient.
You and your legal team must meet important standards before a court will consider your case arguable. Our medical malpractice attorneys will prove these standards and build a robust case that is designed to obtain maximum compensation.
To win your medical malpractice case, our team of medical malpractice lawyers will prove four key elements.
1. Duty of Care
The healthcare provider and/or hospital had a legal duty to provide a certain quality of care to the patient. For example, by entering a hospital, a patient should be considered owed a duty of care by doctors who have chosen to work for said hospitals as healthcare providers. (See our Legal Glossary for some common terms, like the duty of care, explained)
The healthcare provider and/or hospital did or failed to do any medical procedure or diagnosis that was either correct or incorrect. This negligence resulted in an injury. (See Links in the Chain of Causation).
3. Strayed From Standard of Care
The healthcare provider and/or hospital strayed away from the reasonable standard of care. The word “standard” is vague. However, the courts decide the standard by comparing the majority of other healthcare provider's actions and the steps they would take in a similar situation.
This is usually determined by the jury and is almost always based on extremely similar cases. Age, location, previous health records of the patient, family history, and current situation are usually taken into account when deciding the standard operations of care.
4. Injuries Were the Result of Negligence
That physical, monetary, or emotional damage was done, which can be directly correlated to the healthcare provider's negligence.
Types of Medical Malpractice Damages
You can collect compensation based on the damages you incur, as well as the long-term effects of those damages. However, this compensation is limited (usually termed capped) to a certain amount, which varies from state to state.
There are different types of medical malpractice damages you can seek via your medical malpractice lawyer, including:
- General damages: These damages can range from life-altering to future lost earnings due to potential inability to work caused by the injury. It also covers general loss of enjoyment of life.
- Special damages: These are specific, calculable expenses like medical bills, lost wages from missed work, calculable future lost earnings from missing work, modifications to the home, and other specific costs. These damages require evidence, such as paperwork or receipts, and often require little to no testifying.
- Punitive damages: The damages are separate from general and special damages and seek specifically to punish the doctor or medical provider for their actions. The courts reserve punitive damages for the most extreme of cases in which a provider's actions were intentionally harmful and deplorable.
Medical Malpractice and Wrongful Death
A medical mistake that results in death breaks your trust and your heart. If your close loved one did not survive a medical mistake, you might pursue a wrongful death case.
Surviving spouses, children, and parents are common family members who may seek compensation for their loss. A wrongful death attorney from our team can help you determine if you are eligible to file a civil case.
Worrying about your loved one's surgery, treatment, or another type of medical care turns into shock when they die unexpectedly. Negligence is never acceptable, and a wrongful death case may result in compensation for such damages as:
- Funeral expenses (average funeral costs in the United States range between $7,000 and $12,000)
- Medical expenses associated with the mistake
- Loss of income and future earning capacity of a spouse or partner
- Loss of companionship
Wrongful death cases are quite complex due to the economic and non-economic damages involved. We acknowledge that no amount of compensation can ever replace your grief. Each case is different, and we never promise compensation. However, pursuing compensation is your right, and we stand ready to help you with your fight.
Medical Malpractice Surgical Errors
Surgeons have a responsibility to ensure the safety of their patients. Overworked and burnt-out surgeons can make serious and fatal mistakes.
Surgical errors include:
- Operating on the wrong body part. When a surgeon operates on the wrong body part, it can result in catastrophic injuries. An example is operating on the left knee when surgery was necessary for your right knee. Another example is a spine surgeon operating on the wrong vertebral level.
- Leaving a foreign object inside the body. Over 3500 times each year, a patient is left with a surgical tool, device, or other foreign object left in their body. The most common objects left in the body after surgery are sponges, scalpels, and clamps.
- Operating on the wrong patient. Surgeons and medical teams must ensure that they operate on the right patient. Operating on the wrong patient can result in fatal injuries or long-term disabilities.
- Lacerations and other damage to internal organs. When surgeons operate, they must take care not to cut other vital organs nearby. Careless errors can result in lacerations of the bowel, bladder, kidneys, and other soft tissues.
Medical Malpractice Birth Injuries
While many factors can cause a birth injury, many of these injuries could have been avoided had the physician exhibited reasonable care. Examples of negligence resulting in a birth injury lawsuit, include failure to monitor both the mother and baby during labor and delivery.
Failure to monitor can cause devastating birth injuries such as cerebral palsy, neurological injury, placental abruption, stillbirth, or fetal hemorrhage.
Other acts of medical professional negligence resulting in birth injury are oxygen deprivation and a delayed C-section, resulting in a very serious injury or death to the baby.
Malpractice by Anesthesiologist
When anesthesia is administered negligently, the physician is liable for the resulting injuries. Common Anesthesiologist malpractice occurs when the physician administers the wrong dosage of anesthesia or the wrong medication, including over-the-counter medications in some cases. The anesthesiologist can also be liable for failing to manage the continued administration of antibiotics, other medications, and fluids.
Misdiagnosis and Delayed Diagnosis
This happens when a physician fails to properly interpret diagnostic studies, fails to order the proper study/test, or orders an improper test. This can also occur when a physician fails to make an appropriate diagnosis based on the clinical presentation of the patient.
The failure to make a proper diagnosis in the face of readily identifiable medical symptoms that correlate with a disease or condition can constitute malpractice and can result in long-term illnesses, chronic medical conditions, and even death.
The most commonly misdiagnosed diseases and illnesses include:
- Parkinson's disease
- Lyme disease
- Multiple sclerosis
- Celiac disease
- Chronic fatigue syndrome
- Heart attacks
Emergency Room Errors
Errors in the ER could include misdiagnosis or delayed diagnosis, failure to administer the correct medications, misreading diagnostic tests and charts (i.e., X-ray, CT scan, or MRI), and neglecting a post-operative infection or medical issue.
Errors made by the emergency room could be attributed to a physician, nurse, and other support staff.
Emergency rooms' main jobs are to make sure patients do not die. They are not specialists or long-term care physicians. However, when they miss something critical that, if it had been treated right away, would have made things very different, they can be held accountable.
Expert Witnesses in Medical Malpractice Cases
Medical malpractice cases rely heavily on the testimony of expert witnesses who come to court to help prove the defendant's case by giving their expert medical opinion on the situation. Medical malpractice witnesses are often medical professionals with similar education, training, and experience to the at-fault party.
All states have certain guidelines for expert witnesses. Courts expect legal teams to meet these guidelines before the proceedings can move forward.
Before the actual trial, the expert witness gives their testimony to the trial court judge without the jury present. The judge decides if they will present their testimony to a jury. These experts often cost the malpractice lawyer over $10,000 per day.
Before this initial presentation of testimony to the judge, the defense expert reviews the case. During this period, they look at all the facts about their area of expertise to prepare their opinion on the matter.
If the case is credible, the medical expert will arrive at a different opinion than the defendant's expert. At the very least, they will raise doubts in the minds of jurors that the defendant's actions could have caused the injuries or death.
Types of Expert Witnesses in a Medical Malpractice Case
Our law firm has tried a significant number of medical malpractice cases. As such, our lawyers already know experts in the medical community who specialize in different fields and who are themselves experienced in testifying to their knowledge in front of a court.
It is one thing to understand your field well; it is another to present that information to a jury and judge while being cross-examined by a hostile defense attorney.
As you might expect, the types of things that cause injury or death in a healthcare setting can vary widely. This means our law firm may use many different types of expert witnesses to solidify your medical malpractice case.
The most common type of expert medical witness we use is a specialist in a certain medical field. For example, if someone was injured during orthopedic surgery, an orthopedic specialist is the obvious choice to testify.
We may also use a medical examiner who can testify to the cause of death or the factors that contributed to that victim's death. Our law firm also uses scientists, experts in a related field, and general practitioners who can contribute to more general concepts like the standard of care.
Contact a Medical Malpractice Attorney For a Free Consultation Today
At Dolman Law Group, we're on your side. Being home to experienced, successful, and professional attorneys makes Dolman Law Group a wise choice. We also provide an important gateway for success by providing our clients with the personal cell phone number of the attorney dealing with their case, enabling real relationships and connections.
We've been “in it to win it” since 2009, and we hope you are as well. Our medical malpractice lawyers have the experience, financial resources, and resolve to handle the biggest and most challenging cases.
If you or a loved one suffered a medical injury and you believe negligence is to blame, we can help you navigate the legal process. The medical malpractice attorneys at Dolman Law Group Accident Injury Lawyers, PA, offer a completely free consultation and case evaluation.
With offices located across the country, we are here wherever and whenever you need us. We aim for client satisfaction from start to finish and have no doubts about achieving this goal.
Dolman Law Group is your medical malpractice law firm with extensive experience in medical malpractice suits and other medical negligence claims.
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Contact Dolman Law Group Accident Injury Lawyers, PA, today, and we'll get started on your case quickly and confidentially.
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