In a study led by Johns Hopkins University, it was estimated that roughly 225,000 people die each year from some form of medical malpractice. This includes a variety of different forms of malpractice, including incorrect prescription dosages, surgical errors, and errors in diagnosis. Furthermore, their study found that, while not typically noted in autopsy reports, medical errors currently account for the third most common reason for death in the United States.
This shouldn’t come as a big surprise, as a split-second accident during a major medical procedure can have dire consequences. The reality is, if you or someone you know has been injured due to the negligent or reckless actions of a medical professional, you deserve compensation. Luckily, there is legal recourse you can take to seek the justice you deserve.
That’s why my firm, Tonya Stewart Law PA, is here for you. For over 15 years I have been offering victims of medical malpractice the legal expertise and support they need and deserve. If you are located in Lake Wales or Lakeland, Florida, or the neighboring areas of Winter Haven, Davenport, or Haines City, my firm is here to provide you with the reliable legal guidance and representation you need to pursue the justice you deserve. Call or reach out today to schedule a free case consultation.
Under Florida State law, medical malpractice is when someone is injured due to the malpractice of any healthcare professional. In these cases, the cause of action or injury arose from the rendering of, or failure to render, medical care or services by a healthcare provider.
Regardless of whether it was medical malpractice or medical negligence that led to your injuries, the point remains the same — your medical provider failed in their duties and as a result, you have every right to file a claim for compensation.
Florida does have a statute of limitation for these kinds of claims. The statute of limitations dictates how much time you have to file a lawsuit and pursue compensation for your injuries. In Florida, you must begin your medical malpractice lawsuit within two years of discovering the injury or, at the very latest, four years from the date that the malpractice occurred.
When it comes to medical malpractice, any healthcare professional falls under that umbrella of responsibility. This includes not only doctors but nurses, surgeons, and hospitals, and healthcare facilities as well. Healthcare professionals owe you what is called a duty of care, and it can be breached by virtually anyone in the profession.
If you are filing a case, you will need an affidavit of merit. This affidavit is from another licensed professional and the purpose is to essentially state that the quality of care given to you or your loved one fell below acceptable standards. The affidavit should include:
The expert, who is in the same field as the healthcare professional who caused the injury
A complete review of your case
The opinion that your case has merit and the quality of care, as well as the conduct of that healthcare professional, fell short of the standard.
In a medical malpractice claim, there are four basic elements that must be satisfied in order to successfully file a claim. These elements are:
There was a doctor/patient relationship
The doctor was negligent
That negligence led to your injury
The injury caused damages
In Florida, you can pursue both economic and non-economic damages. Economic damages include past, present, and future medical bills as well as any lost wages if the injuries that the victim sustained prevent them from working. Non-economic damages are harder to quantify, but they often include pain and suffering damages such as inconvenience, mental anguish, loss of enjoyment of life, loss of companionship, and disfigurement.
If you believe you or someone you know has been the victim of medical malpractice, the most important thing is to receive the treatment you need to recover. If your injuries have forced you to miss work, the cost of treatment and medical expenses can quickly become overwhelming. That’s why having an experienced medical malpractice attorney on your side can be so beneficial. Your attorney can handle all of the legal aspects of your case, allowing you to focus on what matters most — getting better.
With over 15 years of experience practicing medical malpractice law, I am proud to stand in your corner and advocate for your needs. If you live in Lake Wales or Lakeland, Florida, or the neighboring areas of Winter Haven, Davenport, or Haines City, I would be proud to work with you so that you can pursue the compensation you need to cover your medical expenses, recover, and get your life back. Call or reach out to my office today to schedule a free case consultation and learn more about how I can help you with your case.
It takes a tremendous amount of grit and courage to stand up to large insurance companies that will do anything to protect medical professionals who have made a mistake. I am proud to be an attorney who will do whatever I can to protect my clients’ rights and advocate for their needs. After more than a decade of practicing law and earning millions of dollars in compensation for my clients, I have acquired the knowledge and skills necessary to guide you every step of the way as we fight for the justice you deserve. Don’t wait. Call my office today for help.