FLORIDA MEDICAL MALPRACTICE LAWYERS
Lake Mary Medical Malpractice Attorney
At Chubb Law, we understand the devastating impact that medical malpractice can have on you and your family. When healthcare providers fail to meet the standard of care, the consequences can be life-altering and leave you with physical, emotional, and financial burdens. Each dedicated Florida medical malpractice lawyer in our firm is committed to fighting for justice on your behalf if you are suffering because of negligence in the healthcare system.
With a thorough understanding of Florida medical malpractice laws and extensive experience handling complex cases, we are here to protect your rights, hold negligent parties accountable, and pursue the compensation you deserve. You are like family to us, and we will work diligently to pursue the best possible outcome for you during this stressful time.
What You Need to Know About Florida Medical Malpractice Law
Medical malpractice occurs when a healthcare provider fails to provide the standard of care expected in the medical community, leading to injury, harm, or death. The standard of care refers to the level of care and treatment that a reasonably competent healthcare provider would provide under similar circumstances.
Understanding Medical Malpractice in Seminole County
For a case to qualify as medical malpractice, you must generally prove the following elements:
- Duty of care: The healthcare provider owed you a duty of care.
- Breach of duty: The provider breached that duty by failing to meet the standard of care.
- Causation: The breach of duty caused you injury or harm.
- Damages: You suffered quantifiable harm, such as medical expenses, pain and suffering, or loss of income.
Medical malpractice cases can arise from various situations, ranging from surgical errors to misdiagnoses, and they often require expert testimony from medical professionals to establish that your healthcare provider violated the standard of care.
Medical Malpractice Statistics
Medical malpractice is a significant issue in Florida and across the United States. The following statistics shed light on the prevalence and impact of medical errors:
- A study by Johns Hopkins University estimates that diagnostic errors cause 371,000 deaths and 424,000 permanent disabilities annually.
- The National Practitioner Data Bank (NPDB) reports that in 2023, Florida was the third-highest state in the U.S. for medical malpractice payouts.
- According to the Florida Office of Insurance Regulation (FLOIR), the Sunshine State has the fourth-highest medical malpractice premiums in the country.
- The Institute for Healthcare Improvement (IHI) reports that approximately 1 in 5 patients experience some form of medical error during their healthcare treatment.
These statistics highlight the importance of holding negligent healthcare providers accountable for their actions in Seminole County and throughout Florida. Chubb Law is your best option for seeking justice from a negligent healthcare provider. We have a 99.9% success rate and have recovered over $20 million for our personal injury clients.
Key Legal Concepts in Florida Medical Malpractice Law
Several key legal concepts are essential to understanding medical malpractice law in Florida:
- Standard of care: This is the level of care that a reasonably competent healthcare provider would have provided under similar circumstances. To prove malpractice, you must show that the provider failed to meet this standard.
- Expert testimony: Florida law requires that a medical expert from the same field as the defendant testify to establish that your provider breached the standard of care.
- Pre-suit notice: Florida Statute 766.106 mandates that you file a notice of intent to sue before pursuing a medical malpractice claim. This gives the healthcare provider the opportunity to settle or contest the claim before litigation begins.
- Damage caps: Florida previously had caps on non-economic damages in medical malpractice cases. However, the Florida Supreme Court declared these caps unconstitutional, allowing you to pursue full compensation for your injuries.
Legal Rights of Medical Malpractice Victims
Florida law provides significant legal rights to individuals injured due to medical malpractice. Our medical malpractice lawyers in Lake Mary can help you protect your rights. These rights include:
- The right to confidentiality: Florida law protects the confidentiality of medical records. This means that your medical records cannot be disclosed to third parties without your consent.
- The right to file a lawsuit: You can file a lawsuit against the healthcare provider or facility responsible for your injuries.
- The right to compensation: If you can prove your case, you may recover damages for your injuries and losses.
- The right to a jury trial: In most cases, you have the right to a jury trial. This means that a jury will decide whether the healthcare provider was negligent and the amount of damages that should be awarded.
- The right to legal representation: You can hire an attorney to represent you in your case. Chubb Law’s qualified Lake Mary medical malpractice attorneys can help you understand your legal rights, gather evidence, negotiate a settlement, or represent you in court.
Damages You Can Recover in Medical Malpractice Cases
As a medical malpractice victim, you may recover various forms of compensation, depending on the severity of your injuries and the circumstances of your case. Damages in medical malpractice cases typically fall into two categories – economic and non-economic.
Economic Damages
Economic damages compensate you for the financial losses you have incurred because of the malpractice. These may include:
- Medical expenses: This includes the cost of past and future medical treatment, surgeries, hospital stays, rehabilitation, medication, and any other healthcare-related costs.
- Lost wages: If you cannot work due to your injuries, you may recover compensation for lost wages. This can also include compensation for lost earning capacity if your injuries prevent you from returning to work or performing the same job duties.
- Funeral and burial costs: In cases where medical malpractice results in death, the deceased’s family may recover compensation for funeral and burial expenses.
Non- Economic Damages
Non-economic damages are more subjective and compensate you for the intangible losses you have suffered. These may include:
- Pain and suffering: This is compensation for physical pain and emotional suffering caused by the malpractice.
- Loss of consortium: In cases where your injuries have affected your relationship with your spouse, your spouse may be entitled to compensation for loss of companionship or intimacy.
- Emotional distress: This is compensation for the psychological impact of the malpractice, such as anxiety, depression, or PTSD.
Punitive Damages
In rare cases, the judge or jury may award punitive damages if the healthcare provider’s actions were especially reckless or malicious. Unlike economic and non-economic damages, which compensate you, punitive damages punish the wrongdoer and deter similar future conduct.
Insurance Coverage for Medical Malpractice Accidents
Medical malpractice insurance is a type of professional liability insurance that covers healthcare providers and medical professionals if sued for medical negligence. It helps protect doctors, hospitals, nurses, surgeons, and other healthcare workers from the financial risks associated with lawsuits related to their professional actions. The insurance policy typically covers legal defense costs and settlement or judgment payments if the healthcare provider is found liable for medical malpractice.
Florida law does not mandate that all healthcare providers carry medical malpractice insurance. While most healthcare providers carry it, there are situations where the provider may have insufficient or no coverage. In these cases, you may face challenges in recovering the full amount of compensation you are owed, making it critical to retain our skilled Lake Mary medical malpractice lawyers.
Common Types of Seminole County Medical Malpractice Cases Chubb Law Handles
Medical malpractice can take many forms, and some of the most common types of cases we handle include:
Misdiagnosis or Delayed Diagnosis
A misdiagnosis or delayed diagnosis occurs when a healthcare provider either fails to diagnose a medical condition or provides an incorrect diagnosis, delaying appropriate treatment. When a doctor fails to recognize the signs of a serious illness or diagnoses the wrong condition, it can result in delayed treatment, worsening your condition. Common conditions that are often misdiagnosed or diagnosed too late include cancer, heart attack, stroke, and infections. Misdiagnosis often occurs due to a lack of thorough examination, failure to order appropriate tests, or misinterpretation of test results.
Surgical Errors
Surgical errors can happen during surgery, in the preparation phase, or in post-operative care. Surgical mistakes can include wrong-site surgery, wrong procedure, a surgical instrument left inside the body, and anesthesia errors. Surgical errors are particularly dangerous because they often occur in time-sensitive, high-stakes environments where precision is critical.
Medication Errors
Medication errors are one of the most preventable forms of medical malpractice and occur when a healthcare provider administers the wrong medication, prescribes an incorrect dosage, or fails to account for your allergies. These errors can take many forms, including prescription mistakes, administration errors, failure to consider your allergies, and failure to monitor. Medication errors can occur at various stages, from prescribing the medication to dispensing and administering it, highlighting the need for careful attention at every step of the process.
Birth Injuries
Medical malpractice during childbirth can have long-lasting and devastating consequences for a mother and her baby. Birth injuries can occur due to negligence by the obstetrician, nurses, or other medical staff during prenatal care, labor, or delivery. Common causes of birth injuries include failure to monitor fetal distress, improper use of forceps or vacuum extractors, failure to perform a timely C-section, and medication errors. Birth injuries can result in lifelong physical or cognitive disabilities for the child, making medical malpractice during childbirth a particularly devastating form of negligence.
Failure to Obtain Informed Consent
Before performing any medical procedure, healthcare providers must obtain informed consent from you. This means that the doctor must explain the procedure, its risks, benefits, and alternatives and ensure you fully understand and agree to it. Failure to obtain informed consent can lead to malpractice claims if you experience unexpected complications or harm. In cases where you undergo a procedure without giving informed consent and you suffer harm as a result, the healthcare provider may be liable for medical malpractice.
Anesthesia Errors
Administering anesthesia is a complex process that requires careful planning and monitoring. Anesthesia errors can have fatal consequences, as your life depends on the correct dosage and administration. These errors can occur through improper dosage, failure to monitor you, and delayed intubation or extubation. Anesthesia errors are often preventable and usually occur due to lack of attention, improper preparation, or failure to follow established safety protocols.
Failure to Follow Up
Even when a diagnosis is correct, failing to provide proper follow-up care after treatment can lead to complications that proper care may have prevented. This can include failure to provide post-operative instructions, to schedule follow-up appointments, and to review test results.
If you believe you are a medical malpractice victim, contact our medical malpractice lawyers in Lake Mary today. Either Mitch Chubb or Christopher Pettus will investigate your claim, determine liability, and explore your legal options. We are committed to helping make you whole after being wronged by your trusted healthcare provider.
Common Causes of Medical Malpractice Accidents
Medical malpractice accidents can occur due to various factors, including:
- Inadequate training: Healthcare providers who lack proper training or experience may make critical mistakes that harm you and other patients.
- Fatigue: Overworked and exhausted medical staff are more prone to making errors in diagnosis, treatment, and patient care.
- Miscommunication: Communication failure between medical staff or you can result in incorrect treatments, medication errors, or unnecessary procedures.
- Failure to follow protocols: Medical facilities must adhere to strict protocols to prevent mistakes. Deviations from these protocols can lead to malpractice.
Identifying the underlying cause of a medical malpractice accident is crucial to establishing negligence and holding the responsible parties accountable. Our skilled Lake Mary medical malpractice lawyers know the signs of medical negligence and are equipped to hold careless practitioners accountable.
What to Do After a Medical Malpractice Accident
If you believe you are a medical malpractice victim, acting immediately to protect your rights and gather evidence is essential. Here are some steps you can take:
- Seek medical attention: Seek immediate medical attention if you suffer an injury.
- Gather information: Collect relevant information, such as the names of the healthcare providers involved, dates of treatment, and names of any witnesses.
- Document your injuries: Keep a detailed journal of your symptoms and treatment.
- Obtain medical records: Request copies of your medical records from the healthcare provider. These records will be essential in building your case.
- Consult with a medical malpractice attorney: Contact our qualified Lake Mary medical malpractice lawyers as soon as possible. We can advise you on your legal rights and options.
- Avoid speaking with insurance adjusters: Do not speak with insurance adjusters without consulting with us first. Insurance companies may try to obtain statements from you that they can use against you.
- Gather evidence: Collect evidence that supports your claim, such as photographs, medical bills, and witness statements.
- Follow up with your healthcare provider: Follow up with your healthcare provider and document your conversations if you have concerns about your treatment.
- Avoid social media: Be cautious about posting about your case on social media. Your posts could be used against you in court.
It is crucial to act quickly after a medical malpractice accident. Following these steps can help protect your rights and increase your chances of a successful outcome.
The Cost of Medical Malpractice
Medical malpractice can have significant financial, emotional, and societal costs. Various aspects involved include:
Financial Costs
- Legal expenses
- Settlements and awards
- Insurance premiums
Impact on Healthcare Providers
- Stress and burnout
- Defensive medicine, such as ordering unnecessary tests
Impact on Patients
- Delayed care
- Emotional and psychological effects
Societal Costs
- Increased healthcare costs
- Reduced access to care
The cost of medical malpractice is multifaceted, affecting not only the financial aspects of healthcare but also the quality of care, provider well-being, and patient outcomes.
The Medical Malpractice Claim Process in Florida
The medical malpractice claim process in Seminole County, FL, involves several key steps:
- Gathering evidence: Crucial evidence includes medical records, witness statements, and expert witness testimony.
- Consulting with a Lake Mary medical malpractice attorney: We will evaluate your case and discuss your legal options.
- Sending a demand letter: We may send a demand letter to the healthcare provider or insurance company, outlining your claims and seeking compensation.
- Filing a lawsuit: If we cannot reach a settlement, we will file a lawsuit in the Seminole County court system.
- Participating in discovery: Both parties will exchange information and evidence related to the case.
- Attending mediation or arbitration: In some cases, the parties may agree to mediation or arbitration to resolve the dispute outside of court.
- Trying the case: If your case goes to trial, a judge or jury will determine whether the healthcare provider was negligent and the amount of damages you should receive.
The medical malpractice claim process in Seminole County can be complex and time-consuming. It is essential to work with our experienced Lake Mary medical malpractice attorneys, who can guide you through the process and protect your rights.
The Statute of Repose
In addition to the two-year statute of limitations, Florida also has a statute of repose, which sets a maximum time limit for filing a claim. In most cases, the statute of repose bars medical malpractice lawsuits filed more than four years after the incident, even if you did not discover the injury until later. However, if fraud, concealment, or intentional misrepresentation is involved, the statute of repose can possibly be extended.
Minor Patients
The statute of limitations can be extended for minors. If medical malpractice involves a child under the age of eight, the parents typically have until the child’s eighth birthday to file a claim, regardless of when the malpractice occurred.
Because these deadlines can vary depending on your case’s circumstances, it is essential to consult with our qualified Lake Mary medical malpractice attorneys as soon as possible.
How to Establish Negligence in a Florida Medical Malpractice Case
Proving medical malpractice is no easy task. Florida law requires you to present compelling evidence to establish that medical negligence occurred and directly caused your injury. The key elements you must prove include:
- Establishing a doctor-patient relationship: To prove medical malpractice, you must show that a doctor-patient relationship exists. This is generally straightforward and is established when you agree to be treated by the healthcare provider and the provider agrees to treat you.
- Breach of duty of care: You must demonstrate that the healthcare provider breached the duty of care by failing to provide treatment that met the accepted standard. This often involves comparing the provider’s actions with what a reasonably competent professional in the same field would have done under similar circumstances.
- Causation: You must prove that the provider’s breach of duty directly caused your injury or harm. This can be challenging, as the defendant’s legal team may argue that an underlying medical condition caused your injury instead of the provider’s negligence.
- Damages: You must prove that you suffered actual damages because of the negligence. Damages may include medical bills, lost wages, pain and suffering, and, in cases of wrongful death, funeral expenses.
What is Comparative Fault in a Medical Malpractice Claim
The concept of comparative fault plays a significant role in medical malpractice claims. It determines how damages are awarded when multiple parties share responsibility for the harm caused. In Florida, if you contribute to your own injury through your actions or negligence, your compensation may be reduced based on your percentage of fault. Florida follows a modified comparative fault system, meaning you can recover damages if your fault is not greater than 50%.
Liability in Medical Malpractice Accidents
Liability in medical malpractice accidents involves determining who is responsible for your harm due to negligent actions by healthcare providers. Potentially liable parties may include:
- Individual healthcare providers
- Healthcare institutions
- Pharmaceutical companies
- Medical device manufacturers
Establishing liability in a medical malpractice case can be complex. Working with our experienced Lake Mary medical malpractice attorneys who can help you understand your legal rights and options is essential.
Why You Should Choose Chubb Law for Your Medical Malpractice Case
You need a lawyer who will fight for you throughout the medical malpractice process. Chubb Law promises you these eight things:
- 1. Free consultation: We will listen to your story with no obligation.
- 2. Full commitment: If you choose us, we will dedicate our full effort to your case.
3. Contingency fee: You pay nothing unless we win your case.
4. Open communication: You will have unlimited access to your attorney.
5. Regular updates: We will keep you informed every step of the way.
6. Your decisions matter: We will involve you in every crucial decision.- 7. Maximizing your compensation: We will fight for the best possible settlement or verdict.
8. Guaranteed results: We will get you more than you could on your own.
How to Build a Strong Case for Medical Malpractice
Building a strong medical malpractice case requires careful investigation, evidence gathering, and expert testimony. Here is how to strengthen your case:
- Understand the elements of medical malpractice
- Collect evidence
- Document everything
- Establish a standard of care
- Prove breach of duty
- Demonstrate causation
- Quantify damages
- Engage a competent Florida medical malpractice lawyer
- Prepare for possible settlement negotiations
Building a strong medical malpractice case requires careful planning, investigation, and expert testimony. By following these steps and working closely with our Lake Mary medical malpractice attorneys, you can increase your chances of a successful outcome.
Florida Medical Malpractice Statute of Limitations
In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date you discovered or should have reasonably discovered the injury. However, there are exceptions that can extend or shorten this timeframe.
Contact Chubb Law’s Lake Mary Medical Malpractice Attorney Today
Medical malpractice can have devastating consequences for you and your family. If you believe you are the victim of medical malpractice, contact us for a free case evaluation with a qualified Lake Mary medical malpractice attorney. Our firm is dedicated to helping clients recover the compensation they deserve.
MEDICAL MALPRACTICE FAQ
How is Chubb Law different?
We could list all the awards we’ve received or tell you how much better our results are than other law firms– but that’s not what makes us different. We are different because we truly care about our clients. Because we care, you won’t feel like you’re one of 10,000. You will feel heard and prioritized. You will feel confident in your legal team. You will feel like you’re in the right place.
How much does it cost to start a case? I heard it’s free? How do you make money?
It doesn’t cost anything to start your case and you will never pay us anything out of your own pocket. We work on a contingency fee basis, which means you pay us only if we win your case. Our fee comes in the form of a percentage of the settlement or verdict amount we obtain.
Do I really need an attorney or should I just work things out with the insurance?
We tell people all of the time, “if insurance companies would just treat people right there would be no need for what we do.” Unfortunately, most of the time insurance companies don’t treat people right. The only way to ensure you are protecting your rights is to consult with an attorney.
Should I take an insurance offer?
No. Not without consulting an attorney. We make all clients an “Increased Offer Guarantee.” If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.
I already have an attorney, can I change attorneys?
Yes. In the state of Florida, you can change attorneys mid-case. In fact, you can fire your current lawyer for practically any reason. The Florida Supreme Court has set out “10 Basic Rights” that every client is entitled to from their lawyer. Read more about those here.
Mitch’s 8 Promises
1
Full-story, free consultation.
Our initial conversation does not have a time limit. We want to connect and hear your full story.
2
110%
We are selective in the cases we take so we can give 110% to those we do.
3
$0 out-of-pocket fees.
You will never pay us anything out of your own pocket. There are never upfront costs on your case. We only get paid if we win your case.
4
Unlimited.
Our clients are guaranteed unlimited communication with their legal team.
5
Proactive communication.
We consistently communicate with you to keep you updated on your case.
6
You call the shots.
You call the shots, we lead the way. We never make decisions against your desires.
7
Increased offer guarantee.
If there is an offer on the table from the insurance company at the time of hiring us, we guarantee we will increase it, or we will waive our fee.
8
The “why should I hire an attorney guarantee.”
When you hire us, not only will we handle everything, but the result we get will leave you with more in your pocket— even after attorney’s fees.
Contact Us Today for a Free Case Evaluation
Do not wait to seek legal help if you or a loved one has been injured in an accident. Contact our Seminole County personal injury law firm today to schedule a free, no-obligation case evaluation. During your consultation, we will review the details of your case, explain your rights and legal options, and provide you with honest and straightforward advice about how to proceed.
Remember, you do not have to face this difficult time alone. Let Mitch and Christopher fight for you so you can focus on your recovery and move forward with your life.
