When patients place their trust in medical professionals, they expect to receive competent care that meets the required standards. Medical errors, however, happen far too often, leading to life-changing consequences or premature deaths.
At Dolman Law Group Accident Injury Lawyers, PA, our Bonita Springs medical malpractice attorneys understand the profound physical, financial, and emotional impact of these situations. We provide skilled legal representation for victims of medical malpractice who've suffered under the healthcare system in Bonita Springs.
- Schedule A Free Consultation
- Why Choose Us: Skilled Medical Malpractice Lawyers in Bonita Springs
- What Counts as Medical Malpractice in Florida?
- Pursuing Compensation After Medical Malpractice in Florida
- FAQs About Pursuing a Medical Malpractice Case in Florida
- We Stand Up for Medical Malpractice Victims in Bonita Springs
Why Choose Us: Skilled Medical Malpractice Lawyers in Bonita Springs
Medical malpractice encompasses a range of situations where substandard healthcare causes preventable harm, including botched surgeries and birth-related injuries. Florida's personal injury laws enable victims of medical negligence to get justice, but the process is not straightforward, especially if the patient suffered very serious injuries.
For many victims of medical negligence, the aftermath is an incredibly vulnerable and confusing time. Choosing the right representation for your medical malpractice claim can make the difference between recovering the compensation you deserve and facing these overwhelming challenges alone.
Our team of Bonita Springs medical malpractice lawyers has experience in establishing medical negligence up to the very high standards Florida law stipulates, allowing us to take on the most intricate cases. From substantiating your damages to negotiating with insurers, we handle every aspect of the legal process, ensuring you receive fair treatment and compensation.
What Counts as Medical Malpractice in Florida?
Medical malpractice refers to a healthcare provider's failure to meet the expected standard of care for their profession, leading to patient harm. Proving medical malpractice, however, is not as simple as showing something went wrong during a procedure or a patient had a poor outcome.
There are specific standards for substantiating a claim and proving negligence, including four fundamental elements:
- Duty of care: There needs to be a professional relationship between a healthcare provider and patient, which automatically establishes a duty of care—an obligation to care for the patient according to the appropriate medical standards.
- Breach of duty: This means a medical professional violated the necessary standards of care in a way that constituted negligence, either due to an action they took or failed to take.
- Direct causation: This is persuasive evidence that the breach of duty was the direct cause of the patient's injury or illness. One example is a surgery patient who received inadequate post-operative care, contracted a serious infection, and had to undergo amputation of a limb.
- Damages: Medical malpractice must have resulted in significant, quantifiable damages, which can be physical, emotional, or financial.
The testimony of medical professionals in the same field as the at-fault party is crucial for substantiating medical malpractice claims and winning compensation. Experienced medical malpractice lawyers build relationships with a network of specialists who can provide this essential context by explaining the standard medical practices in any given situation and showing the link between a negligent act and a patient's injuries.
Examples of Medical Malpractice Cases We Handle
Medical malpractice can manifest in many different ways throughout any stage of the healthcare process.
Dolman Law Group Accident Injury Lawyers, PA's medical malpractice attorneys are adept at handling a broad range of cases, including:
- Misdiagnosis or delayed diagnosis: A doctor might miss a patient's condition or diagnose the wrong illness, leading to delays, unnecessary treatments, progression of the illness, or even fatal outcomes.
- Surgical errors: These include operating on the wrong body part, leaving surgical instruments inside the patient, or injuring a body part during a procedure.
- Medication errors: These can arise due to prescribing or administering the wrong drug or dose or failing to spot potential drug interactions.
- Birth injuries: Negligence during childbirth can result in harm to a baby or their mother and include fractures, nerve damage, or cerebral palsy.
- Anesthesia mistakes: Even small errors in administering anesthesia can result in severe harm, including brain damage or death.
- Failure to obtain informed consent: If a patient doesn't give informed consent to a procedure, any resulting harm could potentially be malpractice.
- Failure to treat appropriately: When doctors release patients prematurely or fail to provide appropriate treatment, the consequences can be extremely detrimental.
Each medical negligence claim is unique and requires in-depth analysis. Our Bonita Springs medical malpractice lawyers approach each case with the meticulous attention to detail it deserves.
Pursuing Compensation After Medical Malpractice in Florida
The physical, emotional, and financial toll of suffering medical malpractice-related injuries can be overwhelming and will likely have long-term consequences. Victims of medical malpractice in Florida have the right to pursue compensation to alleviate some of these burdens. This process is about helping victims get the resources they need to recover and holding negligent medical professionals accountable.
Types of Damages That May Be Available After Medical Malpractice
When pursuing a medical malpractice claim in Florida, victims can seek various forms of compensation, or damages, depending on the nature and extent of their injuries:
This category compensates victims for quantifiable financial losses stemming from their injuries, such as:
- Medical bills (both past and future).
- Lost income and diminished earning capacity.
- Rehabilitation and therapy costs.
These damages are harder to quantify and address the intangible aspects of a victim's suffering, such as:
- Pain and suffering.
- Emotional distress.
- Loss of companionship or consortium.
- Reduced quality of life.
Wrongful Death Damages
If medical malpractice leads to the unfortunate death of a patient, the victim's family might recover compensation for:
- Funeral and burial expenses.
- Emotional pain due to the loss.
- Lost income and benefits the deceased would have provided.
- Loss of companionship and emotional support.
Courts award these less common damages for a medical professional's particularly egregious or reckless conduct. The damages compensate victims, punish wrongdoers, and deter similar behavior.
Tactics Insurance Companies Use To Avoid Compensating Medical Malpractice Victims
The primary source of compensation for victims of medical negligence arises from filing a claim under the at-fault party's medical malpractice liability insurance policy.
The financial stakes are often incredibly high for these situations, with many injured patients facing life-long consequences that will take significant compensation to cover. Insurance companies have vast resources to help them maximize their profits by minimizing payouts as much as possible.
Some of the strategies they employ include:
- Disputing the severity of injuries: Insurers may argue your injuries are not as severe as you claim or existed before the alleged malpractice.
- Questioning causation: The insurer may argue medical negligence wasn't the direct cause of your harm.
- Offering low settlements: A common tactic is to offer a quick, lowball settlement in hopes that you will accept it without consulting a lawyer.
- Delaying your claim: By dragging out the claims process, insurance companies hope you might become desperate and settle for less.
At Dolman Law Group Accident Injury Lawyers, PA, we're familiar with these tactics and know how to counteract them with solid evidence to make sure insurance companies don't bully or mislead our clients.
How We Calculate and Substantiate Damages for Medical Malpractice
Understanding the value of a medical malpractice claim requires a comprehensive approach that considers both the victim's current and future losses.
We approach it by:
- Gathering necessary documentation: We gather all relevant medical records, bills, income loss information, and other pertinent data.
- Assessing long-term impact: We consult with medical professionals to determine the long-term implications of your injury, including potential future medical costs, long-term care, or decreased earning potential.
- Considering non-economic damages: We work closely with our clients to understand and document their intangible losses, which may include using testimonials, diaries, and psychological evaluations.
- Negotiating and litigating: Once we've prepared a persuasive case for a client's damages, we negotiate assertively with insurers. If it's not possible to reach an agreement at the negotiation table, we're also ready to take the case to court.
At Dolman Law Group Accident Injury Lawyers, PA, we secure justice for our clients by leveraging our resources and skills. Preparing and substantiating every aspect of a claim allows us to place medical malpractice victims like you in a strong position.
FAQs About Pursuing a Medical Malpractice Case in Florida
Medical malpractice cases are some of the most complicated in personal injury law because they can cause very serious harm and involve many medical and legal issues. Common questions victims and their families have about the legal process include:
I Signed a Consent Form Before the Procedure That Caused Me Harm. Will This Prevent Me From Taking Legal Action?
Signing a consent form typically means that you are aware of the general risks of your procedure, but it doesn't allow medical professionals to act negligently or provide substandard care. If there is proof that a medical practitioner deviated from the expected standard of care and caused harm, a signed consent form doesn't absolve them of liability, and you may still have grounds for a claim.
How Much Time Do I Have To Pursue My Medical Malpractice Case?
In Florida, victims typically have two years from when they discovered (or should have discovered) their injury to initiate a medical malpractice lawsuit. There's a limit of four years, however, from the date of the malpractice, regardless of when the victim discovered it. There are exceptions, especially in cases involving minors, so talking with one of our Bonita Springs medical malpractice lawyers can provide clarity.
What Are the Chances of My Case Going to Court?
Most medical malpractice claims settle out of court. This is often more cost-effective and less time-consuming for all parties. If, however, both sides cannot reach an agreement, the case might proceed to trial.
At Dolman Law Group Accident Injury Lawyers, PA, our skilled lawyers prepare every case as if it were to advance before a judge or jury to provide our clients with the best representation possible.
What Are the Costs of Hiring a Medical Malpractice Lawyer?
Many victims hesitate to pursue legal action after medical malpractice because they worry about the costs, especially when they are facing the burden of medical expenses.
At Dolman Law Group Accident Injury Lawyers, PA, we operate on a contingency fee basis, meaning you don't pay anything upfront. We cover our legal fees by collecting a percentage of the compensation you receive, either through a settlement or court judgment. This system allows you access to top-tier legal representation without the burden of immediate costs while also aligning your interests with those of the attorney.
If you have further questions or need guidance, the skilled attorneys at Dolman Law Group Accident Injury Lawyers, PA, can provide tailored insights for your circumstances.
We Stand Up for Medical Malpractice Victims in Bonita Springs
Trusting a medical professional with your health is a significant act of faith. When they break that trust due to negligence, the aftermath can be physically and emotionally devastating. If you or a loved one has experienced medical negligence in Bonita Springs, you have rights and options.
The Dolman Law Group Accident Injury Lawyers, PA, team is here to protect your best interests and ensure we hold those at fault accountable. We know that no amount of compensation can ever make up for all the painful consequences of a medical error. Securing compensation, however, can alleviate your financial burdens and provide much-needed resources to support your recovery.