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Medical Malpractice

A Leading Cause of Death

Several recent studies have shown that medical errors are a leading cause of death in the United States.  In a recent article in the BMJ, one of the oldest peer-reviewed medical journals, safety experts at John Hopkins calculated that more than 250,000 deaths per year were the result of medical error.  Although death caused by medical error is not tracked by the Center for Disease Control and Prevention ("CDC"), this number would make death due to medical-error the third leading cause of death in the United States.  The point is that medical errors are very common.

Do I have a Medical Malpractice Case?

At our firm, we offer free consultations with an attorney that will take the time to listen to your story to determine if you have a medical malpractice case.  Medical Malpractice cases are unique.  In 1975, the Florida legislature began an assault against the rights of citizens to recover for injuries caused through the negligent care of medical professionals.  Through the years, additional bills have been passed that have ultimately whittled away the rights of Floridians to hold medical professionals responsible for causing harm.  Unlike almost every other type of case involving a tort, medical malpractice cases require an involved and expensive pre-suit investigation before someone can even file a lawsuit.  This really restricts access to the courtroom for some plaintiffs because even though there is clear-cut negligence the damages do not justify the expense of pursuing a medical malpractice action.  These pitfalls make it absolutely necessary to consult an experienced medical malpractice attorney if you think you may have a case.  

Documentation

If you believe that you or a loved one may have a case against a medical provider for negligent care, make sure you document the events as they are occurring.  In almost every case, the medical providers that are negligent are the same people responsible for authoring the medical records.  As you might suspect, generally the records are authored in a way that helps them avoid any liability for wrongdoing.  That is why it is so important to gather any evidence that you may believe will support your position that the medical providers were negligent.  That might include keeping a journal of the events that you can use to dispute the medical records if your are involved in litigation. 

Know your rights

Florida's Medical Malpractice laws are contained in Florida Statutes Chapter 766.  One of the most important parts of this Chapter that separates Medical Malpractice actions from other types of injury cases is the Statute of Limitations.  The Statute of Limitations establishes the amount of time after an event that the injured individual has to file a lawsuit against the responsible parties.  For most injury cases not involving death, the Statute of Limitations in Florida is four years.  This is not true for medical malpractice cases.  The Statute of Limitations for Medical Malpractice cases in Florida is two years "from the time the incident giving rise to the action occurred or within two years from the time the incident is discovered, or should have been discovered with the exercise of due diligence. . ."  Although there are some exceptions to this rule in the Statute, the general rule of thumb is that a medical malpractice action must be commenced within two years from the date of the injury or the date a person should have discovered that the malpractice occurred.  This short period of time makes it critical that if you believe you have a medical malpractice case you do not wait to seek the advice of an attorney that is experienced in handling these types of cases.  

Types of Medical Malpractice Cases we Handle

There is no exhaustive list of the ways that a medical provider can provide negligent care.  So although we cannot list every type of negligence that may arise, some of the most common cases we see are:

  • Failure to Diagnose
  • Improper Diagnosis
  • Delayed Diagnosis
  • Failure to Treat
  • Improper Treatment
  • Negligent Treatment
  • Birth Injury
  • Surgical Errors
  • Failure to Remove Instruments After Surgery
  • Hypoxic Brain Injury (Brain Injury Due to Lack of Oxygen)
  • Improper Prescription
  • Negligent Prescription
  • Negligent Reading of Radiology Films (X-ray, MRI, CT, etc.)
  • Mismanagement of Disease / Illness

If you think you or someone you know may have experienced an injury as a result of negligence from a medical provider, contact us immediately so that we can sit down and talk with you about your case.  

Contact us today

If you believe you have a medical malpractice case, contact us today. At Bodenheimer Personal Injury Law Firm, our main office is located in Hollywood, Florida but we handle cases throughout the State of Florida.  You can reach us at (954) 712-7402, [email protected], or you can fill out a contact form on this website.  Let us help you get the justice you deserve. 

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