Yes. If a nursing home’s medical staff or policies cause harm, such as through medication errors or failure to treat conditions, the case may qualify as medical malpractice or nursing home negligence.
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.
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.
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.”
Put more simply:
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.
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.
SARASOTA PERSONAL INJURY LAWYERS
Dannheisser Injury Law brings a unique combination of extensive trial experience and personal attention to every client’s case. ou will never be shuffled off to a paralegal
Yes. If a nursing home’s medical staff or policies cause harm, such as through medication errors or failure to treat conditions, the case may qualify as medical malpractice or nursing home negligence.
Yes. If multiple healthcare professionals or institutions contributed to the harm, each may be named as a defendant. An example of this would be suing a hospital and the surgeon’s private practice in the event of a surgical error.
The value of your medical malpractice case depends on the severity of your injuries and damages incurred. Devastating injuries that require multiple surgeries and long rehabilitation stints can easily value in the multiple millions of dollars.
Whether you have a medical malpractice case depends on if your health care provider failed to meet the professional standard of care. If they failed to meet the standard of care and it caused injury or death, you may have a medical malpractice claim.
As a personal injury law firm, we are required to perform a pre-suit investigation and obtain a medical expert affidavit stating negligence and subsequent injury occurred. After the defendant(s) respond, we are then entitled to file a medical malpractice lawsuit.
Maximum medical improvement, or MMI, refers to that point at which your physicians determine that you have reached your maximum level of recovery. It is at this point that your physician or physicians are able to reach an opinion as to whether you have suffered a permanent impairment from your injuries.
Choosing the right medical malpractice law firm is critical to ensuring your legal rights and compensation are protected. You want a law firm that has experience and a process for evaluating and handling medical malpractice claims. You also want a law firm that will approach your case with compassion.
At Dannheisser Injury Law, we have been handling medical malpractice cases in Sarasota and throughout the Tampa area for over 30 years. We are a small law firm that delivers big results, securing numerous multimillion-dollars results in complex injury cases, including medical malpractice. We offer direct access to experienced attorneys from start to finish, never leaving you with a case manager.
Most medical malpractice claims must be filed within two years of discovering the injury but not later than four years from the date the malpractice occurred. There are exceptions in cases involving fraud, concealment, or injuries to minors. Contact a Sarasota medical malpractice attorney today to ensure you don’t lose your rights to compensation.
Yes, if Sarasota Memorial Hospital, their health care providers, or another healthcare facility failed to meet proper standards of care, the hospital may be liable. Claims may involve surgical mistakes, unsanitary conditions, inadequate staffing, prescription errors, or others.
Compensation may include medical bills, rehabilitation costs, lost income, reduced earning capacity, pain and suffering, and loss of quality of life. In wrongful death cases, families may also recover funeral or burial expenses, loss of companionship, and loss of support. In egregious cases, you may recover punitive damages.
Dannheisser Injury Law handles medical malpractice cases on a contingency fee basis. This means you pay no upfront fees, we cover all costs, and we only get paid if we recover money on your behalf.
Signing a consent form only provides consent to the treatment you are going to receive and foreseeable after effects. It does not provide consent or permission to act negligently. If a doctor fails to disclose significant risks or makes avoidable mistakes, you may have a claim for medical malpractice.
Medical malpractice cases tend to take two to four years to resolve due to their complexity. Pre-suit investigations, expert reviews, and court proceedings can extend the timeline; however, the process is necessary to ensure a thorough investigation is done, case is built, and compensation is secured.
