Tallahassee Medical Malpractice Attorneys
Seek the Justice You Deserve with Our Proven Advocates
Medical malpractice or medical negligence is defined as a breach of the "standard of care" by a healthcare provider which causes injury. Florida’s Medical Malpractice Act defines the “standard of care” as that level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent healthcare providers under similar circumstances. For example, if you are injured by a neurologist, the judge will instruct the jury to determine whether your neurologist did something that a reasonably prudent neurologist would not have done, or whether he failed to do something that a reasonably prudent neurologist would have done.
If you or a loved one have been harmed by a medical professional, our team at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. is ready to hear from you. We have over 100 years of combined legal experience and have helped countless clients recover the relief they deserve following an injury at the hands of someone else. We're ready to bring an incisive and robust approach to your claim and ensure every avenue towards proper restitution is exhaustively pursued.
Start the process with our compassionate Tallahassee medical malpractice lawyers today. Contact us to request a free case evaluation.
Asserting Your Medical Malpractice Claim
If you are injured in an emergency room, a different standard of care may apply. Under the Florida Good Samaritan Statute, healthcare providers providing emergency services cannot be held liable for any damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a “reckless disregard” for the consequences. The “reckless disregard” standard of care is much more difficult to prove than the professional negligence standard of care that applies to medical care providers rendering non-emergency care.
Other important factors to medical malpractice claims include:
- The statute of limitations for a medical malpractice suit in Florida and Georgiais two years.
- In Florida, you must serve a notice of intent to initiate litigation.
- Florida requires that doctors have $100K in malpractice insurance or $250K if they have hospital privileges.
- Only patients and family members (children, spouses, etc.) can file suit.
- Various damages are recoverable, including medical expenses and lost wages.
- If an insurance provider covered the resulting medical bills the insurance company will have a right to subrogation.
These are just the broad strokes. For more information on the viability of your claim, call us at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. today. We offer contingency fees on these cases-- meaning clients only pay once we have recovered compensation on their behalf.
Serious Injury & Death Claims
To have a medical malpractice or medical negligence claim, you really need to have 2 things: the first thing is called a breach of the standard of care. Basically what that means is that a doctor, a hospital, or healthcare professional fails to do something, or does something that they shouldn’t do.
The second requirement for a medical malpractice claim is causation. Causation means that the breach results in damage or death to the patient.
It is important to understand that just because a patient has a bad outcome, it doesn’t mean that you have a medical negligence claim. Bad things happen to good people all the time and medicine is not a guarantee. It is not an exact science. So very frequently we see patients that have unfortunate outcomes or bad results from medical procedures but it doesn’t necessarily mean they have a medical negligence claim. If you know someone who has been seriously injured or has died from a medical procedure, YOU HAVE TOO MUCH AT STAKE not to investigate and protect your legal rights.
The time to act is now—and we're ready to help. Call us at (850) 426-4477 to get started.