From national corporations to insurance companies,
We are not afraid to go up against large medical providers and national insurers.
Do you think you’ve been a victim of medical malpractice? We can help. Whether you or a loved one has been hurt or you’ve lost a loved one, we will investigate. We have extensive medical knowledge and experience with medical negligence claims. By reviewing your medical records and consulting experts, we’ll advise you on your claim’s strength.
We will be hands-on during your medical malpractice case. We believe in being available and responsive to all our clients, from the beginning to the end. While we can’t guarantee an outcome to any case, we assure you we do everything in our power to win you full and fair compensation. Grossman Attorneys at Law has years of experience negotiating and litigating medical malpractice claims.
Why You Need a Medical Malpractice Lawyer in Florida
Medical malpractice claims are challenging. First, it’s hard to know whether you have a claim. Did the doctor or other medical health care provider do something wrong? Our Florida medical malpractice attorneys will help you find out.
Second, like most states, Florida has a specific claim process for medical negligence. You have to follow the steps exactly to have a valid claim. If you do something wrong or out of order, it costs you time and money. Our team knows Florida’s medical malpractice claims process and can guide you through it step by step.
Third, it’s hard to prove negligence. When you bring a medical malpractice claim in Florida, you have the burden of proof. It’s up to you to demonstrate the standard of care, that the provider deviated from the standard of care, and that you were injured. All these factors require plenty of evidence. We are here to gather that evidence and use it to build a robust and effective claim for compensation.
What Is Medical Malpractice?
Medical malpractice is a type of professional negligence. It happens when a medical provider’s conduct falls outside the accepted standard of care and causes a patient harm.
The Standard of Care
Under Fla. Stat. Ann. §766.102, the prevailing professional standard for health care providers requires each provider to offer the level of care, skill, and treatment which, in light of the circumstances, is recognized as acceptable and appropriate by reasonably prudent similar providers.
In other words, would your anesthesiologist’s actions be considered acceptable and appropriate by other reasonably prudent anesthesiologists? You may have a medical negligence claim if other providers in the same area of medicine would disagree with your doctor’s conduct.
Side Effects, Complications, and Bad Outcomes
Everyone is unique, which means how people react to treatment can differ. Medical providers are not perfect. They can try to diagnose and treat a condition, yet they may get it wrong. Within medicine, there are grey areas and unknowns. Because of that, you can experience side effects, complications, and bad outcomes even with proper diagnoses and care.
Do not assume you are the victim of medical malpractice because your treatment didn’t work the way the doctor intended or you wanted. There needs to be evidence your doctor didn’t act reasonably and carefully in diagnosing and treating you. It helps to get a second opinion and talk with a Florida medical malpractice attorney.
Elements of a Medical Malpractice Case
Florida’s medical malpractice laws are in Chapter 766, Title XLV Torts, of the Florida Statutes.
Under these laws, you have to prove several elements before you can receive compensation:
- You had a provider-patient relationship;
- The provider owed you a duty of care;
- The provider failed to act within the prevailing professional standard of care;
- You suffered an injury; and
- The provider’s failure is the direct and proximate cause of your injury.
It is essential that you can prove you sustained an injury and that the provider’s negligence caused that injury. Without an injury, you can’t win compensation—even if the provider’s behavior violated the standard of care.
Direct and Proximate Cause
It is important to hire medical malpractice lawyers in Boca Raton, Florida who understand how to prove causation. You must show you would not have been hurt if not for the doctor’s conduct. That is direct causation. You also must show the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure.
Notice of a Medical Malpractice Claim
Another Florida medical malpractice law is the requirement to provide each potential defendant with notice of your claim. We will thoroughly investigate whether there’s evidence of malpractice. We’ll also identify any potential defendant, including the medical provider, assistants, and employers, whether it’s a hospital, clinic, or another facility.
Once we know who is liable, we notify each party through certified mail of your intent to file a lawsuit. We have to wait 90 days before we can file, which gives the defendants time to investigate the issue. During this time, one or more defendants can make a settlement offer or ask to mediate or arbitrate the claim.
It’s because of these procedural requirements that it’s essential to hire a lawyer. Our team at Grossman Attorneys at Law knows how to handle Florida medical malpractice claims. We know the rules and processes we have to follow to win you compensation.
Medical Expert Witnesses
Medical malpractice cases are complicated. It’s hard to know whether you have a valid or strong claim. You need to consult an expert medical practitioner to confirm you have a claim. Florida law requires your lawyer to investigate your allegations in good faith. Part of that investigation is getting an expert opinion in the form of an affidavit regarding each possible defendant.
Florida law also says who is and is not an expert. By hiring a FL medical malpractice lawyer, you have someone who knows who may act as a medical expert in your case. Better yet, we have established relationships with many medical providers in the state.
Even if you have a valid claim, it’s hard to explain everything to a judge and jury who lack medical knowledge. Another benefit of hiring an expert is having someone testify in court about the standard of care, your provider’s negligence, and your injuries.
Medical Malpractice Compensation
When you prove you suffered because of medical negligence, the law entitles you to economic damages, which include but are not limited to:
- Past and future medical expenses,
- 80% of wage loss, and
- Loss of earning capacity.
There’s no limit on how much you can receive for your financial injuries. We work closely with you, your medical providers, and your employer to document your economic losses and expenses. We want nothing to slip through the cracks when calculating the value of your claim.
You can also demand compensation for non-economic damages, which include:
- Pain and suffering,
- Physical impairment,
- Mental anguish,
- Loss of capacity for enjoyment of life, and
- Other non-financial losses.
Florida places a maximum limit on your non-economic damages.
Talk with a medical malpractice lawyer about Florida’s damage caps and how they might apply to your case.
Compensation for the Death of a Loved One
If medical malpractice caused your spouse, child, or parent’s death, talk with us immediately. In Florida, survivors might have a right to compensation. Survivors include spouses, children, parents, and others who were partly or wholly dependent on the decedent.
As a survivor, you can win compensation for the value of lost support and services, as well as medical and funeral expenses you paid. As a surviving spouse, you are entitled to compensation for mental anguish and loss of your loved one’s companionship. Surviving children are entitled to compensation for loss of parental guidance and mental suffering.
Florida Damage Caps
Under Fla. Stat. Ann. 766.118(2), you can recover up to $500,000 in non-economic damages. However, if medical malpractice caused your loved one’s death or put them in a permanent vegetative state, then you can demand up to $1 million. You also can demand up to $1 million in damages if the trial court finds you suffered a catastrophic injury and justice would not be satisfied unless it awarded a higher amount than $500,000.
If your claim is against a nonpractitioner for medical negligence, the maximums increase from $500,000 to $750,000 and $1 million to $1.5 million.
Our law firm litigates claims of patients injured by the carelessness of medical providers
Common Types of Medical Malpractice
Grossman Attorneys at Law tackles all types of medical negligence, including the following:
Diagnosing some injuries and diseases can be tricky. But you may have a claim if your provider has all the means and information necessary but fails to decipher what’s wrong.
Another issue is when a doctor has significant results but waits weeks or months to tell you. A delayed or incorrect diagnosis lets your condition get worse. Or you may go through unnecessary and harmful treatments.
Medication errors can occur at many stages of the care process. A doctor might prescribe a medication that isn’t effective for your condition, that you are allergic to, or that causes a dependency when you have a history of addiction. Our medical malpractice lawyers in Florida represent families who lost someone to an opioid overdose.
A pharmacist or assistant might give you the wrong medication, formula, or dosage. These medication mistakes can lead to allergic reactions, drug interactions, overdose, and other dangerous results.
Anesthesia is necessary but complicated. The anesthesiologist and their team are responsible for ensuring you remain pain-free and, in some cases, unconscious. They are also responsible for monitoring your oxygen levels. You can be hurt if you receive too much or too little anesthesia or don’t get enough oxygen during a procedure. You can also suffer teeth, throat, and other injuries from the process.
Surgery mistakes are some of the most serious. Possible errors include a surgeon performing the wrong procedure, performing the procedure on the wrong part of the body, leaving a medical instrument in the body, or doing something you did not consent to.
Pregnancy and Birth Errors
Pregnancy and birth are dangerous, and the U.S. has high maternal and infant mortality rates compared to similar countries. Mistakes can lead to severe injuries and death. These mistakes can happen when doctors and nurses fail to monitor pregnant patients and fetuses properly or fail to recognize signs of a dangerous condition or fetal distress.
Hospitals, clinics, and practitioners who fail to maintain high levels of cleanliness increase the risk of infection. After suffering a serious or life-threatening infection, you may find your provider didn’t clean rooms and equipment properly or wear the proper gear, like masks and gloves.
Psychiatric Care Mistakes
Negligent psychiatric care can have life-and-death consequences. We represent families who lost a family member to suicide after they receive inadequate care.
Nursing Home Negligence
Nursing home residents are entitled to medical and everyday care. Call us right away if your loved one has bedsores, has suffered multiple falls, or has been the victim of elder abuse.
The Florida Medical Malpractice Statute of Limitations
If you didn’t learn about the negligence for more than two years, you have up to four years to file your lawsuit.
This deadline may be increased to seven years for cases that involved intentional misrepresentation, fraud, or concealment by a health care provider.
Call Grossman Attorneys at Law as Soon as Possible
If you suspect medical malpractice, call Grossman Attorneys at Law at (800) 940-8048 or reach us online. We can explain the law and investigate your situation to determine if you have a valid claim. We are advocates for patients and their rights. We are here for you night and day. Our skilled Florida medical malpractice lawyers will help you get the care you need in addition to handling every step of your legal claim.
We take medical malpractice claims on a contingency fee basis. You don’t pay upfront or hourly fees.
Instead, we don’t receive payment until we obtain compensation.
With considerable practice and trial experience in medical malpractice claims, our lead attorney and founder Howard Grossman is a proactive advocate for injured patients in cases against physicians, medical malpractice insurance companies, clinics, hospitals, and other defendants. We pride ourselves on the personal attention we provide to each of our clients. It is not uncommon for our clients to reach us at the office at nights and on weekends.
All medical malpractice claims are handled on a contingent fee basis. If we are unable to obtain compensation for your injuries, you do not pay anything.