Medical malpractice occurs when a healthcare provider such as a doctor or hospital causes harm to a patient by failing to meet the accepted standard of care. In Sarasota, victims of medical negligence may pursue compensation for medical bills, lost income, pain and suffering, wrongful death damages, and more. Florida law imposes strict requirements on filing medical malpractice lawsuits, including short deadlines and mandatory expert affidavits. Experienced legal representation is essential.
At Dannheisser Injury Law, our Sarasota medical malpractice lawyers have spent the past 30 years representing patients and their families in complex medical malpractice cases. Read below to find out more about Florida’s medical malpractice laws, common medical negligence cases, and our experience in handling cases of negligent medical care. For immediate help, call us at 941-365-7600, fill out our contact form online, or live chat with us on our website today.
Why Choose Dannheisser Injury Law for Your Sarasota Medical Malpractice Case
Medical malpractice is one of, if not the, most complex areas of personal injury law. Unlike other areas of personal injury law, to file a medical malpractice lawsuit in Florida requires you to have retained an expert witness. There are strict statutory deadlines for filing claims. Proving liability in medical negligence cases can be extremely difficult and requires significant experience from both your attorney and the medical expert witness(es) your medical malpractice lawyer chooses.
Medical malpractice cases are also devastating for the victims and their families. Whether due to a surgical error, delay in diagnosis, or another form of medical malpractice, having an attorney on your side that is both experienced and accessible is critical. At Dannheisser Injury Law, unlike some other law firms, you will always have direct access to your Sarasota medical malpractice lawyer. We take the time to get to know you, understand how your life has been affected, and thoroughly explain the legal process.
We have in-depth knowledge of the local healthcare systems, whether its Sarasota Memorial Hospital, Doctors Hospital of Sarasota, or others. Our families and children were born and raised here. Our law office has been in Sarasota for over 30 years. We have handled significant, complex medical malpractice the entire time, securing multiple 7-figure verdicts and settlements along the way.
If a healthcare provider in Sarasota has hurt you or a loved one, choose a local law firm with the experience, resources, and client-centric approach. Get a free, confidential, no-strings-attached consultation by calling Dannheisser Injury Law at 941-365-7600, chatting with us on our website 24/7, or contacting us online.
Sarasota Medical Malpractice Guide
What Is Medical Malpractice?
Florida Statute § 766.102 governs medical malpractice lawsuits in Florida. This statute requires the victim of medical malpractice to prove that the health care provider caused an injury or death after a breach of the standard of care. It defines the standard of care required of health care providers to be “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
When a medical malpractice lawsuit is brought by an injured victim, the victim “shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider.” Further, the claimant must “show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention.”
Common Types of Medical Malpractice Cases
When a provider’s actions do not meet the legal standard, the injured party could have cause to file a lawsuit for damages against the liable party. Medical malpractice cases come in many different forms. Some common examples of medical malpractice include:
Florida Medical Malpractice Laws to Know
Medical malpractice law in Florida is among the most complex areas of personal injury. Understanding these laws is imperative to knowing your legal rights and requirements to securing compensation when injured by a negligent health care provider.
Pre-Suit Investigation and Affidavit.
Before filing a medical malpractice lawsuit, Florida law requires you to conduct a pre-suit investigation and obtain an affidavit from a medical expert confirming that negligence likely occurred resulting in injury or death. This affidavit is mailed with a notice of intent to initiate medical negligence litigation to prospective defendants.
In response to this pre-suit investigation, affidavit, and notice to initiate medical negligence litigation, any prospective defendants and their insurers are allowed to conduct their own investigation into the events to determine whether there are reasonable grounds to believe that negligence occurred and injury or death resulted.
Medical Malpractice Statute of Limitations.
The standard statute of limitations for filing a medical malpractice lawsuit in Florida is two years. There are exceptions to the two year statute of limitations:
No case for medical malpractice can be filed if the malpractice occurred more than seven years ago.
Damages and Damage Limits.
Economic damages are fully recoverable in medical malpractice claims. Common economic damages include: medical expenses such as hospital stays, ambulance trips, and medications, lost wages, and reduced income earning capacity.
Florida Statute § 766.118(2) caps noneconomic damages, such as pain and suffering, at $500,000 per claimant when the injury or death arises from medical negligence of practitioners. Additionally, Florida law states “no practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants.” However, noneconomic damages up to $1,000,000 are available if the negligence results in a permanent vegetative state or death.
Comparative Negligence in Medical Malpractice Cases.
In 2023, Florida passed comprehensive tort reform that included changing Florida’s civil liability system into a comparative negligence system. Comparative negligence reduces an injured person’s compensation by the percentage they are found at fault for the incident. If a person is found to be greater than 50% at fault for an act of medical malpractice, they are completely barred from receiving any compensation.
Who May Be Liable?
Liability for medical malpractice may fall on any number of health care practitioners or facilities, depending on the cause and type of medical negligence that occurs.
Determining who all may be liable for your injuries in medical malpractice cases often involves thorough investigation, reading of thousands of pages of medical records, and retaining multiple medical experts. Having the experience to navigate this complex area of personal injury law is critical to successfully defending your rights and compensation.
Compensation Available in Medical Malpractice Lawuits
Victims of medical malpractice have many types of compensation available to them, including compensation for:
Retaining a Sarasota medical malpractice lawyer is crucial to determining the total compensation you deserve and building a case to support recovering that compensation.
Steps to Take If You Suspect Medical Malpractice
Real Case Results from Real Clients.
Dannheisser Injury Law is proud to have represented numerous victims of medical malpractice in Sarasota, Bradenton, and throughout the Tampa Bay region. While past results do not reflect future recoveries, our experience in medical malpractice over 30+ years has allowed us to build a successful playbook which we apply to all future medical negligence cases.
You can find many of our significant verdicts and settlements on our Case Results page, including but not limited to the following:
Schedule a Free Consultation with a Skilled Medical Malpractice Attorney Today.
Nobody expects to suffer harm at the hands of a surgeon, doctor, or other healthcare provider because of negligence or subpar medical treatments. Not only can these events result in severe life-threatening or fatal bodily harm, but psychological injuries can be ongoing and require years of therapy.
You have the legal right to pursue compensation from the liable party when you sustain damages at the hands of a medical care provider or facility. Speak with a seasoned Sarasota medical malpractice lawyer today to discuss your case.
