Doctors go to school for years to train and practice before they see a patient on their own. Yet as the joke goes, the one who graduates at the bottom of a medical school class is still called doctor. When a doctor or other medical professional is negligent then they have opened themselves to a medical malpractice lawsuit.
To prove malpractice, a plaintiff needs to prove three things:
That they experienced an injury
That the injury was caused by a medical procedure or medical advice
That the procedure or advice was negligent, that is, outside of the standard practices of medical professionals in similar situations.
Medicine is a risky field by its nature. Most doctors carry malpractice insurance and will have to face a lawsuit at least once, and possibly many more depending on their specialty. Not all of these cases result in a favorable outcome for plaintiffs. Doctors will use their experience to claim that they were acting within standard medical guidelines.
Hospitals are also starting to use shady tactics like forced arbitration to keep their doctors out of the courtroom and the odds of avoiding a payout in their favor. The Florida Supreme Court has cast doubt on this practice in at least one case.
On this page, we have stories about Florida medical malpractice for your education, but to prove your case you must have a personal injury lawyer on your side with experience in medical malpractice cases. Be aware that these cases can take years to resolve and will require more doctor’s appointments to get an independent evaluation. It is possible to win substantial compensation. In cases of extreme malpractice, your action may even get a doctor to get their license revoked and save the lives of others.
When Dizziness Is Really a Stroke: Your Rights After an ER Error Key Takeaways: Yes, you may be able to sue a Miami ER for misdiagnosing a stroke as vertigo, but Florida law makes these claims harder than many other malpractice cases. A misdiagnosis alone is not malpractice, so you generally must prove duty, breach…
Florida’s Outer Deadline for Medical Malpractice Claims Key Takeaways: Florida’s medical malpractice statute of repose, found in Fla. Stat. § 95.11(5)(c), generally bars a lawsuit filed more than four years after the incident, even if the patient has not yet discovered the injury. This runs alongside a separate two-year statute of limitations, which starts when…
What Happens After You Send a Malpractice Notice in Florida Key Takeaways: After a Notice of Intent to Initiate Litigation is served on each prospective defendant, Florida law generally imposes a 90-day presuit screening period under Fla. Stat. § 766.106(3)(a) during which a lawsuit generally may not be filed. The provider or its insurer must…
Waking Up During Surgery: What Florida Patients Need to Know Key Takeaways: Anesthesia awareness occurs when a patient regains consciousness during a procedure meant to render them unconscious, sometimes perceiving sound, pressure, or pain while unable to signal for help, and the psychological aftermath can be lasting. In Florida, this may amount to malpractice only…
When a loved one falls victim to a hospital-acquired infection (HAI), the pain and heartbreak can be immense. The repercussions of such incidents can be long-lasting, shaking the foundation of trust we place in medical facilities and emphasizing the significance of hiring a Florida medical malpractice lawyer. At Chalik & Chalik, we’re committed to standing…
Full term pregnancy normally lasts 39 to 40 weeks. However, circumstances do exist where babies are born early, doctors call these premature births. Babies can survive outside the womb as early as 24 weeks, but they face many challenges on their way to heading home. While there are many natural reasons for a baby to…
In December of 2016, the Florida Supreme Court issued a rejection of an arbitration agreement in a medical malpractice case regarding a stillborn infant. As reported by News 4 Jax, in their decision, justices stated that an arbitration agreement that was signed by Lualhati Crespo, whose son was stillborn, and the physician group Women’s Care…
In March 2016, a mother saw her baby daughter swallow a lithium battery. She called 911, and had her baby transported to the hospital, where she insisted that the battery be removed right away. However, the doctor informed the parents that the case was comparable to that of ingesting a coin. In spite of recommendations…
Receiving a correct diagnosis for cancer or other serious medical condition is critical especially if a condition or cancer is wrongly diagnosed, treatment is often delayed or incorrect. This error can cause catastrophic results for the patient, ranging from increased health complications because of improper treatment, to death from lack of proper care. When a…
When a nurse fails to administer care when a patient is suffering from a serious complication, the patient’s symptoms may worsen, and the complication may lead to more serious problems, including death in severe cases. Just like doctors, nurses have a moral and legal obligation to provide patients with a high standard of care. When…
Patients rely on their doctors and pharmacists to provide them with the right medications in the proper dosages, and to inform them of any possible drug interactions. Unfortunately, prescription errors are not uncommon and wind up harming numerous patients each year. When a patient is harmed because of a careless mistake by a physician, nurse,…
Parents of injured children often struggle with questions such as – Should I hire an attorney to pursue compensation in a medical malpractice claim? The answer depends on the extent and cause of the injury. An attorney can provide legal representation if a parent believes a doctor or hospital’s mistake caused a medical malpractice, such…
Preeclampsia, also known as pregnancy-induced hypertension, affects a little over 5% of pregnancies in this nation. It can cause harm to the expectant mother as well as to the unborn child. Preeclampsia generally shows up around the 20th week of pregnancy and is often identified by protein in the mother’s urine and high blood pressure….
