Port St. Lucie Medical Malpractice Attorney
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Port St. Lucie Medical Malpractice Lawyer 

Medical errors often lead to patients experiencing significant pain and suffering and even long-term disabilities or death. When a medical mistake occurs due to the negligent actions of a doctor, surgeon, nurse, or any other type of medical professional, patients may be able to recover compensation for their losses. At GOLDLAW, we are here to help when you need a Port St. Lucie personal injury lawyer by your side. Let us offer a completely free consultation so we can help you determine the next steps moving forward for your case.

Why Choose GOLDLAW for a Medical Malpractice Claim?

  • At GOLDLAW, we firmly believe that medical malpractice victims have the right to recover compensation from negligent medical providers and entities. We will not back down from aggressive insurance companies or their legal teams.
  • Our team has a storied and strong track record of success handling complex medical malpractice and injury claims throughout Florida and here in the Port St. Lucie area.
  • We are available to answer your questions or concerns at any time. You will always be able to get a hold of a member of our team when you have questions or concerns about your medical malpractice claim.

How Often Do Medical Mistakes Happen?

No hard and fast statistic can show us exactly how many medical errors occur each year across the country or here in Florida. The reality is that these mistakes happen, and they happen much more often than people realize. Researchers from Johns Hopkins University have stated that medical errors are responsible for approximately 250,000 deaths each year in this country, making this the third leading cause of death in the US.

There are no locally available statistics related to medical errors, but we know from these studies that medical mistakes are underreported. This means that, regardless of the data that we do have, the reality is that errors likely occur more often than the numbers suggest.

Types of Medical Malpractice Claims We Handle in Port St. Lucie

The team at GOLDLAW has experience helping clients who have been harmed by the actions of medical professionals in a wide range of ways. Our team handles claims arising as a result of the actions of doctors, surgeons, nurses, and many other types of medical professionals in this area of Port St. Lucie, including, but not limited to, the following:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to treat
  • Performing unnecessary surgery
  • Performing the incorrect procedure
  • Damaging organs, nerves, or tissues during surgery
  • Administering an incorrect amount of medications
  • Using non-sterile surgical instruments, leading to infection
  • Leaving medical equipment or objects inside the patient, causing infection and/or pain
  • Providing inadequate post-surgical care
  • Birth injuries
  • Medical device failure

This list certainly does not represent all of the possible errors a medical professional could make that cause harm to a patient. If you have any questions or concerns about your particular situation, we encourage you to contact a medical malpractice lawyer in Florida as promptly as possible so you can get your claim evaluated and started.

How to Prove Liability for a Medical Error

Determining liability for a medical malpractice claim requires a thorough understanding of both medical standards and the legal processes surrounding these types of incidents. This is a complex process and includes:

  1. Establishing a doctor-patient relationship. Your Port St. Lucie medical malpractice attorney will first confirm that a professional relationship existed, meaning the healthcare provider agreed to diagnose or treat you. This step is crucial as it establishes the duty of care that the medical professional owed you.
  2. Identifying the standard of care. Medical professionals are expected to adhere to standards specific for their community. Your Port St. Lucie medical malpractice lawyer will define the appropriate standard of care for your case, often with the help of medical experts. This standard varies depending on numerous factors, including the medical condition and the geographic location of the care.
  3. Demonstrating a breach of duty. The core of a medical malpractice case lies in proving that the healthcare provider deviated from the established standard of care. Your medical malpractice attorney in Port St. Lucie will gather evidence, including medical documents, receipts, expert testimonies, and other relevant documentation, to demonstrate negligence.
  4. Linking the breach to the injury. It’s not enough to show that there was a breach of duty; your attorney must also prove that this breach directly resulted in your injury or harm. This causation is often the most complex part of a medical malpractice case, requiring detailed medical knowledge and expert witnesses to explain how the negligence led to the injury.
  5. Quantifying damages. Finally, your medical malpractice lawyer in Port St. Lucie will determine the damages you suffered due to the malpractice. This includes both economic damages, like medical bills and lost income, and non-economic damages, such as pain and suffering and loss of quality of life (we discuss these in-depth later).

As complex as this seems, we do want to reiterate that our team handles this on your behalf. We are here to help because we do this on a regular basis. We understand what it takes to help clients secure compensation for their losses, and we will stand up to aggressive insurance carriers, medical providers, and their legal teams.

Possible Liable Parties for a Medical Error in Port St. Lucie

Each medical malpractice claim is unique, and there may be one or more liable parties. However, some of the most common parties held responsible for a medical mistake in this area include:

  • Healthcare providers: This group includes doctors, nurses, surgeons, anesthetists, and any other medical professionals directly involved in patient care. If these individuals fail to provide the accepted standard of care, leading to patient harm, they can be held liable.
  • Hospitals and medical facilities: Sometimes, the institutions themselves bear responsibility for errors. This can be due to inadequate staffing, poor training, or lack of oversight. Hospitals might also be held liable under the legal theory of “vicarious liability” for the actions of their employees.
  • Pharmaceutical companies: If a medical error stems from a problem with a medication, such as improper labeling or dangerous or deadly side effects, the manufacturer of the drug could be liable.
  • Medical device manufacturers: Similarly, if a malfunctioning or improperly designed medical device causes harm, the company that made the device could face legal action.

What Damages Are Available for These Claims?

Medical malpractice victims may be able to recover variety of types of compensation if their claim against the alleged negligent party or parties is successful. Our goal is to help clients recover the monetary compensation they need to not only recover their monetary losses caused by the incident but also ensure they have solid footing to pay for any future expenses caused by the alleged malpractice. Our goal is to help clients receive both economic and non-economic damages.

  • Economic damages: These damages are tangible and quantifiable financial losses that the victim incurs as a result of medical malpractice. They include past and future medical costs related to the injury, lost wages from being unable to work, and the cost of any necessary rehabilitation or long-term care. Economic damages can also cover the expense of hiring help for household tasks the victim can no longer perform and any other out-of-pocket costs directly tied to the malpractice.
  • Non-economic damages: Unlike economic damages, non-economic damages compensate for losses that are intangible and not directly measurable in monetary terms. They include pain and suffering, emotional distress, loss of enjoyment or quality of life, loss of consortium or companionship, and physical disfigurement or impairment. These damages are subjective and vary greatly from case to case. They recognize the profound non-financial impact medical malpractice can have on a victim’s life and the lives of their loved ones.

Time Limit for Filing a Medical Errors Claim in Florida

One of the most complicated aspects of a medical malpractice claim in Florida revolves around the statute of limitations for filing these claims. Unlike the traditional personal injury statute of limitations for the state, there are different timelines for a medical malpractice case, and even these timelines vary depending on circumstances related to the situation.

In general, Florida Statutes section 95.11(4)(b) says that medical malpractice claims must be filed within two years after the victim discovers the medical error or should have discovered the medical error through “due diligence.”

However, this is not the only deadline victims need to be aware of. There is an overall statute of repose of four years from the date of the alleged malpractice. This means that the claim must be filed within four years of the incident occurring no matter when the person actually discovered the harm or should have discovered the harm.

However, there are still some exceptions to this overall four-year statute of limitations, along with exceptions to the two year statute of limitations.

If the malpractice was covered up

A medical provider and to intentionally covered up the malpractice, either by concealing evidence or committing fraud, then the statute of limitations can be extended two years from the date a person does finally learn about the injury. However, in this particular circumstance, the claim must be filed within seven years from when the incident occurred.

If the victim was a minor

If the medical malpractice victim was a minor, then the claim brought on behalf of the child can be filed after the four year deadline expires or after the seven-year deadline expires in situations where fraud occurred, so long as the claim is filed before the child turns 8 years of age.

Extension due to investigation

There may be a 90-day extension available after you file your claim so that your attorney can continue investigating the incident.

Pausing because of Notice of Intent

After your medical malpractice lawyer conducts the investigation, Florida law requires that they serve the defendant(s) with a notice of intent, basically telling them that you intend to sue them for medical malpractice. This begins a 90-day. In which the defendant has time to evaluate and respond to the claim. The statute of limitations will be paused during this time, and individuals will not be able to file their lawsuits until after 90 days have passed.

Suffering From The Actions of a Negligent Medical Provider? Reach Out to our Medical Malpractice Lawyers Today.

Will Your Claim Need to Go to Court?

The vast majority of Port St. Lucie medical malpractice claims get resolved through negotiations with insurance carriers and legal teams, and this usually happens before the case gets to a jury.

However, that does not necessarily mean you will never go to a courtroom. There are certainly circumstances where the insurance carrier or at-fault party may refuse to offer a fair settlement or deny the claim altogether. Medical malpractice claims are notoriously challenging, and there is a good chance that the at-fault party will put up a fight and try to delay the claim as long as possible. In the event you and your attorney are not able to reach an adequate resolution, the case will need to proceed forward to a jury trial.

How Much Does a Medical Malpractice Attorney Cost?

At GOLDLAW, we handle medical malpractice claims in Florida on a contingency fee basis. This means that Port St. Lucie medical malpractice victims will never have to worry about paying a dime in legal fees until after we successfully recovers the compensation they are entitled to. In the event we do not win the case, you will not have to pay us any legal fees.

If we do reach a successful conclusion, the total legal fees will be a percentage of the final insurance settlement or jury verdict. We will agree on this percentage before beginning work on the case.

Steps You Can Take to Help Your Claim

If you or somebody you care about has been harmed due to the actions of a negligent medical provider, reach out to the team at GOLDLAW for help today. We have the resources needed to conduct a full investigation into your claim so we can determine liability and help negotiate fair compensation for your losses. If necessary, we will take your case all the way to trial. When you need a Port St. Lucie medical malpractice lawyer, you can reach out to our team for a free consultation by filling out our contact form or calling (561) 222-2222.