Frequently Asked Questions:
Florida Medical Malpractice
A: The Law Office of James W. Dodson handles medical malpractice claims in Florida. Medical malpractice cases involve several questions and much information is required to be able to make a claim on your behalf.
Common examples of medical malpractice claims include:
- surgical errors (anesthesia errors, operation on the wrong body part, leaving surgical equipment in the body and other mistakes)
- failure to diagnose (delay in diagnosing or misdiagnosis) of a disease or illness
- failure to properly monitor a patient
- failure to correctly treat a patient’s disease or illness
- failure to obtain an informed consent for treatment or surgery
- falls (for instance, in a hospital due to negligent medical care)
- failure to timely diagnose and treat post surgical infection (sepsis, MRSA)
- medication errors (wrong medication, wrong dose, giving it the wrong way)
Holding Them Responsible – Florida’s Medical Malpractice Act requires the injured person conduct a pre-suit investigation to show reasonable grounds exist to believe the doctor or medical provider acted negligently, causing injuries to the patient.
The purpose of a pre-suit investigation process is to make sure any claim is valid, and to encourage parties to settle valid claims without a lawsuit.
There are strict time limits in which any claim must be brought. Although most claims must be brought within a period of two years, the act contains circumstances under which the time may be extended.
If you believe you have the basis for a Florida medical malpractice case, you should not delay contacting attorney Jim Dodson, a qualified medical malpractice lawyer who can evaluate your claim and advise you of your legal rights.
Medical Malpractice Statistics and Facts:
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Between 44,000 and 98,000 Americans die in hospitals annually due to preventable medical errors
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Medical malpractice results in 2,400-5,400 deaths in Florida each year
- 1.3 million patients are injured annually in the U.S. due to medication mistakes
- There are nearly 10 times as many injuries caused by medical negligence as there are malpractice claims. In fact three to seven people die from medical errors for every payment made to compensate any type of malpractice.
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There were fewer medical malpractice payments made on behalf of doctors in 2009, then any other year on record (National Practitioner Data Bank), contradicting claims by some that medical practice litigation is to blame for a rise in healthcare costs.
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Patient safety is the real crisis. Public Citizen, a national nonprofit advocacy group for consumer rights states:”… it is ridiculous… to continue to obsess about this greatly exaggerated problem… focus should be on fixing real problems like the crisis in preventable medical errors.”
A: When a wrong site surgery at a hospital occurs, it usually happens because of medical negligence by the surgeon, medical staff or both. A personal injury lawyer will review your case and give you guidance in filing a Florida medical malpractice claim.
Medical Negligence in Wrong Site Surgery at a Hospital – Before surgery takes place, the surgeon and medical staff need to take certain precautions. There are 3 steps that may be overlooked that can often be the reason for your wrong site surgery at a hospital:
- Pre-verification – the surgeon and medical staff should go over the patient’s medical record to verify all aspects of the surgery taking place.
- Marking the surgery site – someone from the medical staff should correctly and accurately mark the surgery site so the surgeon and other medical assistants are aware of the area.
- Reassurance – the surgeon and medical staff should carefully review who they are working on, the correct surgery site they are working on, and the surgery procedure they will be conducting.
You should be able to file a Florida medical malpractice claim if your surgeon and medical staff failed to acknowledge the importance of going over these steps. A wrong site surgery at a hospital can leave medical malpractice liability on more than just the surgeon and his/her medical staff. You may also be able to collect compensation from the hospital. To pursue a full and fair amount of compensation from your Florida medical malpractice claim, a Clearwater personal injury lawyer can evaluate present and future financial, physical, and emotional costs.
If you believe you may have a Florida Medical Malpractice claim, you should contact us promptly, in order to comply with Florida’s pre-suit investigation requirements, and the time limits imposed on bringing a Medical Malpractice claim. Call our experienced personal injury lawyers toll free at 1-888-344-0840 to discuss your claim.
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