Research shows that around 100,000 patients (about the seating capacity of the Los Angeles Memorial Coliseum) suffer from misdiagnosis and other preventable hospital errors each year. If you suspect you have been a victim of medical negligence, it is crucial to understand your legal rights and options for compensation. We can help you do that.
Medical malpractice is a complex legal issue that arises when a healthcare professional fails to provide proper treatment, resulting in harm to a patient. It is a serious matter that requires thorough understanding and careful navigation. In most cases, the victim is entitled to compensation which a seasoned attorney can help you achieve.
Anthony-Smith Law, along with our team of dedicated professionals, focus on helping individuals who have experienced medical errors in Florida.
We offer free consultations for individuals and families affected by medical malpractice. Reach out to us today to schedule a meeting with one of our attorneys. We will assess your situation and determine if you have a valid claim to pursue.
There is no charge unless we win your case! Call Now: 321-900-HELP (321-900-4357).
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What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the standard of care expected in their field, leading to injury or harm to the patient. This deviation can take many forms, including misdiagnosis, surgical errors, medication mistakes, birth injuries, and more. To prove medical malpractice, it must be demonstrated that the healthcare provider breached their duty of care, causing harm to the patient.
In some cases, doctors clearly make mistakes, and attorneys hold them accountable. Take, for example, the case of Allan Navarro, a Florida resident who received a $216.7 million award after doctors’ misdiagnosis left him brain-damaged and wheelchair-bound. However, in other instances, determining whether a mistake occurred requires careful investigation.
At Anthony-Smith Law, our personal injury attorneys operate on a contingency basis – we only charge if we win your case. Utilizing the expertise of board-certified doctors and nurses, we meticulously research each case to establish evidence of medical malpractice. Even then, our clients are not billed unless we secure a successful outcome. That is our commitment to you.
The Types of Medical Malpractice Claims:
- Misdiagnosis or Failure to Diagnose: When a healthcare provider fails to accurately diagnose a medical condition or delays diagnosis, leading to worsened health outcomes.
- Missing Lab Reports: This is when medical professionals misinterpret or misread lab reports or read the wrong lab reports and attribute them to you.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures.
- Medication Errors: Errors in prescribing, dispensing, or administering medication, which can lead to adverse reactions or worsening of the patient’s condition.
- Birth Injuries: Injuries sustained by a newborn or mother during childbirth due to medical negligence, such as improper use of forceps or failure to monitor fetal distress.
- Failure to Provide Informed Consent: When a healthcare provider fails to adequately inform the patient of the risks associated with a treatment or procedure, and the patient suffers harm as a result.
Benefits of Using an Attorney to Win the Claim
Navigating a medical malpractice claim can be incredibly challenging, requiring specialized knowledge of both medical and legal matters.
Hiring an experienced medical malpractice attorney can offer several benefits, including:
- Legal Expertise: Attorneys specializing in medical malpractice understand the intricacies of these cases and can navigate complex legal procedures on behalf of their clients.
- Access to Medical Experts: Attorneys often work with medical experts who can provide testimony to support the case and validate claims of negligence.
- Maximizing Compensation: An attorney can assess the full extent of damages incurred by the patient and fight for fair compensation to cover medical expenses, lost wages, pain and suffering, and other losses.
- Negotiation Skills: Attorneys are skilled negotiators who can engage with insurance companies and opposing counsel to reach a favorable settlement.
- Litigation Experience: If the case goes to trial, an attorney can represent the client in court and advocate for their rights effectively.
The Statute of Limitations on the Claim in Orlando, FL
In Orlando, Florida, the statute of limitations delineates the period within which individuals must file a medical malpractice claim against a healthcare provider or institution. This statute stipulates that individuals have two years from either the date of the alleged malpractice or from the date the injury was discovered or should have been discovered through diligent investigation.
This time limit serves as a crucial guideline for claimants, emphasizing the importance of prompt action in seeking legal recourse for instances of medical negligence. However, it is important to note that the application of the statute of limitations is not always straightforward and may vary based on the specific circumstances of each case.
Exceptions and nuances exist within the legal framework governing medical malpractice claims in Orlando, FL. These exceptions may include provisions for cases involving minors, instances of fraud or concealment by healthcare providers, or situations where the injured party lacked the mental capacity to understand the injury or its connection to medical negligence.
Navigating these complexities requires the expertise of legal professionals well-versed in medical malpractice law. Consulting with an attorney is paramount to ensure compliance with deadlines and to explore potential avenues for pursuing compensation for damages resulting from medical negligence.
By understanding the intricacies of the statute of limitations and seeking timely legal guidance, individuals can protect their rights and pursue just compensation for the harm they have endured due to medical malpractice in Orlando, FL.
How Long It Takes to Resolve Medical Malpractice Claims
Resolving a medical malpractice claim is a multifaceted process influenced by numerous variables, leading to a wide spectrum of timelines. Understanding the factors at play provides insight into the complexity and duration of these proceedings.
- Case Complexity: The intricacy of the medical malpractice case significantly impacts the timeline. Cases involving multiple healthcare providers, intricate medical procedures, or disputed diagnoses may require extensive investigation, expert testimony, and legal maneuvering, elongating the resolution process.
- Negotiation Dynamics: The willingness of both parties to negotiate plays a pivotal role in determining the duration of the resolution. If the parties are open to settlement discussions and reach an agreement swiftly, the case may be resolved quickly. Conversely, protracted negotiations or disputes over liability and damages can prolong the timeline.
- Legal Procedures: The legal procedures involved in pursuing a medical malpractice claim contribute to the timeline. Pre-trial discovery, which encompasses gathering evidence, depositions, and witness testimonies, can be time-consuming. Additionally, court scheduling, motions, and procedural requirements add further layers to the process.
- Trial vs. Settlement: Whether the case proceeds to trial or is settled out of court significantly influences the duration of the resolution. Trials involve extensive preparation, court proceedings, and deliberations, often extending the timeline by months or even years. Conversely, settling out of court expedites the resolution, provided both parties can agree on terms.
- Appeals Process: In the event of an unfavorable outcome at trial, the appeals process adds another dimension to the timeline. Appeals involve filing briefs, oral arguments, and judicial review, prolonging the resolution further.
Given these factors, medical malpractice claims typically span several months to several years before reaching a resolution. Simple cases with clear liability and minimal disputes may resolve more swiftly, whereas complex cases or those proceeding to trial tend to entail longer timelines.
Navigating the intricacies of a medical malpractice claim requires patience, diligence, and legal expertise. By understanding the variables influencing the timeline and seeking competent legal representation, claimants can effectively pursue justice and rightful compensation for damages incurred due to medical negligence.
Medical malpractice is a serious issue that can have devastating consequences for patients and their families. Understanding the elements of medical malpractice claims, the benefits of hiring an attorney, and the relevant legal considerations can help individuals navigate this challenging terrain and seek justice for their injuries.
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