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At Rafferty Domnick Cunningham & Yaffa, we are committed to protecting the rights of those who have been harmed by medical negligence. Medical malpractice can have life-altering consequences, from prolonged physical pain and emotional distress to mounting medical bills and loss of income. Our Florida medical malpractice lawyers understand the gravity of these situations and are dedicated to ensuring that victims receive the justice and compensation they deserve.
If you or a loved one has suffered an injury due to a medical professional’s negligence, you may feel overwhelmed and unsure of what to do next. The complexities of medical malpractice law require experienced legal representation. Our legal team has the expertise, resources, and compassion necessary to guide you through every step of the process, from filing your claim to securing compensation. Let us help you navigate this difficult time with confidence and peace of mind.
Medical malpractice occurs when a healthcare professional or institution fails to provide the appropriate standard of care, leading to harm or injury to the patient. In Florida, medical professionals are held to a legal obligation to act in accordance with the accepted standards of care for their profession. A breach of this duty can occur in many forms, such as failure to diagnose a condition, performing an incorrect surgical procedure, or prescribing the wrong medication.
To prove medical malpractice, a plaintiff must establish four key elements:
This process often involves expert testimony to demonstrate what the standard of care should have been and how the provider failed to meet it. Additionally, proving causation can be complex, as it requires showing that the provider’s negligence was the direct cause of the injury, not some other factor.
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Medical malpractice can take many forms, ranging from diagnostic errors to surgical mistakes. Each type of medical malpractice presents unique challenges, and the consequences can be life-altering for victims and their families. Understanding the different types of medical malpractice claims can help you identify whether you or a loved one may have experienced negligence in your medical care. Below are some of the most common types of medical malpractice claims handled by our experienced attorneys at Rafferty Domnick Cunningham & Yaffa.
A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s medical condition, while a delayed diagnosis happens when a provider fails to identify a condition in a timely manner. Both can have devastating consequences, as the patient may receive inappropriate treatment or no treatment at all, allowing the condition to worsen.
Common examples of misdiagnosis include diagnosing a serious condition, such as cancer or heart disease, as a less severe illness, leading to delayed or incorrect treatment.
Delayed diagnosis is particularly harmful when early detection is critical to effective treatment, such as in cases of cancer, stroke, or infections. Delays in treatment can reduce the patient’s chances of recovery or survival.
Proving misdiagnosis or delayed diagnosis requires demonstrating that a competent physician, under similar circumstances, would have identified the correct condition earlier. This often involves expert testimony from medical professionals who can evaluate the actions of the provider and determine whether the standard of care was breached.
Surgical procedures carry inherent risks, but surgical errors occur when a preventable mistake is made during surgery, causing harm to the patient. These errors can be due to negligence, poor communication, or even fatigue on the part of the surgical team.
Common surgical errors include:
Wrong-site surgery: Operating on the wrong part of the body (e.g., operating on the left knee instead of the right).
Wrong procedure: Performing the wrong surgery on a patient due to miscommunication or incorrect records.
Foreign objects left inside the body: Surgical instruments or sponges accidentally left inside a patient after surgery, which can lead to severe infections or further complications.
Nerve damage: During surgery, a surgeon may inadvertently damage nerves, causing long-term or permanent impairment.
In cases of surgical errors, proving negligence often requires a detailed analysis of the surgical procedure, the surgeon’s actions, and the post-operative care provided. Expert testimony is crucial to demonstrate that the surgeon deviated from the standard of care and that the error was preventable.
Medication errors can occur at any stage of the prescribing and dispensing process, from the initial prescription to the administration of the drug. These errors can lead to severe health complications, particularly for patients with chronic conditions or those on multiple medications.
Common types of medication errors include:
Incorrect medication: Prescribing the wrong drug due to a misdiagnosis or miscommunication between healthcare providers.
Incorrect dosage: Administering the wrong dosage, either too high or too low, which can cause adverse reactions or fail to treat the patient’s condition effectively.
Failure to consider drug interactions: Prescribing a medication without accounting for other drugs the patient is taking, leading to harmful drug interactions.
Allergic reactions: Prescribing medication without reviewing the patient’s allergies, leading to life-threatening allergic reactions.
Medication errors can be traced to several factors, including negligence by the prescribing doctor, mistakes made by the pharmacy, or errors during the administration of the drug in a hospital or clinical setting. To prove a medication error claim, evidence of the error, its effects on the patient, and expert testimony regarding the proper standard of care are required.
Birth injuries can occur when medical professionals fail to provide the appropriate level of care during labor and delivery, resulting in harm to the newborn, the mother, or both. These injuries can lead to long-term or permanent disabilities that require ongoing medical care and support.
Common birth injuries include:
Cerebral palsy: Often caused by a lack of oxygen to the baby’s brain during delivery, which can result from delayed C-sections or failure to monitor fetal distress.
Brachial plexus injuries: Damage to the baby’s nerves in the shoulder and arm during delivery, often caused by improper use of force or delivery tools like forceps or vacuums.
Fractures: Newborns may suffer bone fractures during a difficult delivery, particularly if improper force is applied during extraction.
Maternal injuries: Mothers can suffer from hemorrhaging, infections, or uterine ruptures due to improper medical care during delivery.
Birth injury claims often focus on proving that the medical team failed to respond appropriately to complications during delivery, such as delayed decisions for a C-section, mismanagement of labor, or improper use of medical tools. The consequences of birth injuries can last a lifetime, making it critical to pursue compensation for ongoing medical care and related costs.
This is a critical component of many surgical procedures, but errors in administering anesthesia can lead to serious complications or death. Anesthesia errors can occur before, during, or after surgery and may involve improper dosage, failure to monitor the patient, or failing to account for the patient’s medical history.
Common anesthesia errors include:
Overdose or underdose: Giving too much or too little anesthesia can result in complications, ranging from the patient waking up during surgery to severe respiratory or cardiovascular issues.
Failure to monitor: During surgery, the anesthesiologist is responsible for monitoring the patient’s vital signs. A failure to do so can result in catastrophic outcomes like brain damage or death.
Failure to identify allergies or pre-existing conditions: Administering anesthesia without reviewing the patient’s medical history can lead to dangerous allergic reactions or interactions with other medications.
Anesthesia errors can have devastating consequences, such as long-term brain damage, paralysis, or even death. Proving anesthesia malpractice typically involves demonstrating that the anesthesiologist or surgical team failed to follow proper protocols for patient safety.
A failure to treat occurs when a healthcare provider diagnoses a condition but fails to provide the appropriate treatment or provides delayed treatment. This can allow the patient’s condition to worsen, potentially leading to more serious health complications or death.
Common examples of failure to treat include:
Discharging patients too early: Sending a patient home from the hospital without fully treating their condition or without giving proper instructions for follow-up care.
Failure to refer to a specialist: General practitioners may fail to refer patients to specialists when necessary, leading to delayed treatment or mismanagement of serious conditions.
Ignoring symptoms: Failing to address reported symptoms or abnormal test results, which could indicate a serious underlying condition, such as heart disease or cancer.
A failure to treat can be particularly harmful for patients with conditions that require immediate or specialized care. Proving this type of malpractice requires showing that the healthcare provider ignored critical signs or failed to act in a timely and appropriate manner, causing the patient’s condition to deteriorate.
Emergency rooms are fast-paced environments where medical professionals must make quick decisions. Unfortunately, emergency room errors can occur when staff fail to meet the standard of care due to miscommunication, misdiagnosis, or oversight. These errors can lead to delayed treatment or incorrect treatment in life-threatening situations.
Common emergency room errors include:
Failure to diagnose serious conditions: Failing to recognize symptoms of heart attacks, strokes, or internal bleeding can have fatal consequences.
Improper triage: Patients with life-threatening conditions may not be prioritized correctly, leading to delays in treatment.
Failure to order necessary tests: Overlooking the need for diagnostic tests, such as X-rays, blood tests, or MRIs, can result in missed or delayed diagnoses.
Emergency room errors are particularly dangerous because they often involve urgent medical conditions. In these cases, it is important to demonstrate that the healthcare providers failed to act appropriately under the pressure of an emergency setting.
At Rafferty Domnick Cunningham & Yaffa, we understand that every medical malpractice case is unique. We approach each case with the personalized attention and commitment it deserves, ensuring that you have a strong advocate on your side throughout the entire legal process. Here’s how we can help:
Comprehensive Case Evaluation We begin with a detailed assessment of your case, reviewing medical records, consulting with experts, and determining whether malpractice occurred. We’ll advise you on the strength of your case and your legal options moving forward.
Expert Testimony and Evidence Gathering Medical malpractice cases often hinge on expert testimony to prove that a breach of care occurred. We work with medical professionals who can testify to the standards of care and how they were violated in your case. Additionally, we gather all necessary evidence, including medical records, witness statements, and other documentation to support your claim.
Pre-Suit Requirements In Florida, medical malpractice claims must meet specific pre-suit requirements, including a notice of intent and an affidavit from a medical expert. These steps can be complex, but we handle all the legal paperwork and procedures for you to ensure that your case is properly filed.
Settlement Negotiations Many medical malpractice cases are resolved through settlements before they go to trial. We will negotiate on your behalf to secure the best possible settlement. If a fair offer is not made, we are fully prepared to take your case to court.
Court Representation If your case proceeds to trial, our experienced litigation team will represent you in court. We have the skills and experience necessary to present your case effectively and fight for the maximum compensation possible.
Victims of medical malpractice in Florida may be entitled to both economic and non-economic damages. Understanding the types of compensation available can help you know what to expect from your case.
Economic Damages These damages are intended to compensate for the financial losses resulting from medical negligence. They may include:
Non-Economic Damages These damages address the intangible harm caused by medical malpractice, such as:
Florida imposes a non-economic damages cap in medical malpractice cases, which limits the amount that victims can recover for these types of damages. The cap varies depending on whether the defendant is a practitioner or a non-practitioner, but your attorney will advise you on how this may impact your case.
Punitive Damages In some rare cases, punitive damages may be awarded if the medical provider’s conduct was particularly reckless or egregious. These damages are meant to punish the provider and deter similar behavior in the future.
It’s crucial to act quickly if you believe you have been the victim of medical malpractice. Florida’s statute of limitations for medical malpractice claims is typically two years from the date of the injury or from when the injury was discovered. However, there are exceptions to this rule, such as in cases where fraud or concealment by the healthcare provider prevented the discovery of the malpractice.
If the statute of limitations expires, you may lose your right to file a lawsuit, making it vital to seek legal counsel as soon as possible.
Choosing the right legal representation can make all the difference in the outcome of your medical malpractice case. At Rafferty Domnick Cunningham & Yaffa, we offer:
Extensive Experience Our firm has decades of experience handling medical malpractice cases, and we understand the unique challenges involved in these claims.
Proven Results We have a history of successful outcomes, securing significant settlements and verdicts for our clients.
Personalized Attention We treat each case with the individual care it deserves. Our attorneys will take the time to understand your needs and craft a legal strategy tailored to your situation.
Expert Network We work closely with medical experts to build a strong case and demonstrate the negligence that caused your injuries.
Trial Experience If your case goes to court, you’ll have a team of skilled trial attorneys on your side who know how to advocate effectively in front of a judge and jury.
What qualifies as medical malpractice in Florida? Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. This includes misdiagnosis, surgical errors, medication mistakes, and failure to provide timely or appropriate treatment.
How long do I have to file a medical malpractice lawsuit in Florida? In most cases, you have two years from the date of the injury or the discovery of the injury to file a medical malpractice claim. There are exceptions to this rule, so it’s important to consult with a lawyer as soon as possible.
What compensation can I recover in a Florida medical malpractice case? You can recover both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering). In certain cases, punitive damages may also be awarded.
If you or a loved one has been injured due to medical malpractice, don’t wait. Contact Rafferty Domnick Cunningham & Yaffa today to schedule a free consultation and learn more about your legal rights. Our experienced medical malpractice attorneys are ready to fight for the compensation you deserve, so you can focus on healing and moving forward with your life.
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