Medical malpractice can have devastating effects on your life, from permanent physical impairments to costly treatments and the loss of your ability to earn a living. If you sustained injuries due to a healthcare provider’s mistake in Florida, you need a dedicated Destin medical malpractice attorney to fight for your rights.

The Destin medical malpractice lawyers at The Bruner Law Firm are here to support you through your legal journey. We understand the pain and frustration that comes with medical malpractice and are committed to helping you find justice. Our medical malpractice attorneys in Destin can thoroughly investigate your case and gather crucial evidence. We can negotiate a fair settlement covering medical bills, lost wages, and more. Personal injury claims are essential in obtaining compensation for injuries caused by negligence. We will do everything we can to make this process as painless and smooth as possible for you.

Trust The Bruner Law Firm to handle your case with care and determination. Call (850) 243-2222 now or complete our contact form for a free consultation.

What is Medical Malpractice in Florida?

A personal injury case, such as a medical malpractice incident, is more than a poor outcome after treatment or a mistake a doctor or healthcare provider made. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in patient injuries. This can manifest in various ways, including medical errors, misdiagnosis, and failure to diagnose. Medical malpractice can be a complex issue, and seeking the help of an experienced Destin medical malpractice attorney can make a significant difference in your journey toward healing and justice.

In Florida, medical malpractice is defined as the failure of a healthcare professional to provide the standard of care expected in a given situation, resulting in injury to a patient. To win a medical malpractice claim in Florida, you must show that your doctor or other healthcare provider failed to meet the appropriate medical standard of care. Your evidence must prove that their actions do not align with what another healthcare provider with similar training and experience would have done in the same situation.

Examples of Medical Negligence

One tricky component of medical malpractice claims is recognizing when a doctor or other healthcare provider fails to meet the applicable standard of care. Common examples of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: When a doctor incorrectly diagnoses a condition or delays diagnosing it, the patient may miss critical treatment opportunities. For example, misdiagnosing cancer as a less serious illness can allow the disease to progress to advanced stages that are harder to treat.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintentional organ damage, can result in severe complications. Patients often require additional surgeries to treat these mistakes.
• Medication Errors: These mistakes occur when patients receive the wrong medication, incorrect dosage, or experience dangerous drug interactions. Such errors can cause severe health issues or even be life-threatening.
• Birth Injuries: Negligence during childbirth, such as improper use of forceps, failure to monitor fetal distress, or not performing a necessary C-section, can lead to injuries to both the mother and the baby.
• Anesthesia Errors: Anesthesiologists must carefully administer and monitor anesthesia. Errors, like giving too much or too little anesthesia, failing to recognize complications, or not checking for allergies, can lead to brain damage, nerve damage, or even death.
• Failure to Treat: When a healthcare provider diagnoses a condition correctly but fails to provide the appropriate treatment, it can make the patient’s condition worse. For instance, not treating an infection promptly can result in sepsis.

Steps in a Florida Medical Malpractice Claim

Because these cases often involve complex medical issues, there are special rules for medical malpractice claims in Florida. In cases of wrongful death, families are legally entitled to seek compensation for their loss due to negligence or abuse. These rules include some legal requirements you and your attorney must meet before you can file a lawsuit. Here are the steps in a typical Florida malpractice claim:

• Consult an Attorney: The first step is to consult a medical malpractice lawyer who can evaluate your case and determine whether you have a valid claim.
• Obtain a Medical Affidavit of Merit: Before filing a lawsuit, your attorney must obtain an affidavit from a qualified medical professional. This affidavit confirms that your injuries or illness are related to a medical error.
• Notify the Defendant: Once obtaining the medical affidavit, your attorney must notify the healthcare provider or entity of your intent to file a lawsuit. This notification must include the medical affidavit.
• Pre-Suit Investigation Period: After receiving the notice, the defendant has 90 days to respond. During this time, they can collect evidence, review your medical records, and conduct their own investigation.
• Defendant’s Response: At the end of the 90 days, the defendant can either reject the claim, offer to settle, or request arbitration. If the defendant rejects the claim or settlement negotiations fail, you can file a lawsuit.
• Filing the Lawsuit: If you meet the pre-suit requirements and don’t get a fair settlement offer, your attorney will file a formal complaint in court to initiate the lawsuit.
• Discovery Process: During this stage of the litigation, both parties exchange information and gather evidence to build their cases. Information can be obtained through depositions, interrogatories, and requests for documents.
• Negotiation and Settlement: Throughout the process, your attorney may negotiate with the defendant’s legal team to reach a settlement. Many cases conclude this way without a trial.
• Trial: If a settlement isn’t reached, the case goes to trial. Both sides present their evidence and arguments, and a judge or jury decides the case.

Florida Medical Malpractice Claim FAQs

Here are the answers to some common questions we get about medical malpractice cases in Florida:

What types of damages can I recover in a medical malpractice lawsuit?

“Damages” is the legal term for compensation you receive in an insurance settlement or trial award to make up for your losses after sustaining an injury that someone else caused. In a medical malpractice lawsuit, your damages fall into three main categories: economic, non-economic, and punitive damages.

Economic Damages

Economic damages cover the financial losses you incur due to a healthcare provider’s negligent actions. These include:

• Medical Expenses: Costs for your past and future medical care, such as surgeries, hospital stays, medications, and rehabilitation.
• Lost Wages: Compensation for any income you lost due to time off work while recovering from your injury.
• Future Earnings: If your injury affects your ability to work in the future, you can claim compensation for your lost future earning potential.

Non-Economic Damages

Non-economic damages compensate you for intangible losses that impact your quality of life. These include:

• Pain and Suffering: Compensation for the physical pain and emotional distress resulting from your injury.
• Loss of Consortium: Damages for the negative impact on your relationship with your spouse or family due to the injury.
• Loss of Enjoyment of Life: Compensation if the injury prevents you from enjoying activities and hobbies you once loved.

Punitive Damages

Punitive damages are intended to penalize healthcare providers for particularly egregious actions and deter future misconduct. State law requires clear and convincing evidence of intentional misconduct or gross negligence before punitive damages can be awarded. This means proving that the healthcare provider either knew their actions were wrong and likely to cause harm but proceeded anyway or that their actions were so reckless they showed a conscious disregard for your safety.

There are few limits on your potential compensation in a medical malpractice claim. There is no cap on your economic damages and non-economic damages in a medical malpractice claim. However, there are caps on punitive damages. According to Florida law, the maximum amount of punitive damages you can recover in most cases is $500,000 or three times the amount of your compensatory damages, whichever is higher. If you can prove that a healthcare provider knew about the potential risks of their actions and ignored them because of a financial motive, the cap increases to $2 million or four times the amount of your compensatory damages, whichever is greater.

How long do I have to file a medical malpractice claim in Florida?

In general, the deadline to file a medical malpractice lawsuit in Florida is two years from the date you sustained your injury. However, medical malpractice injuries are not always immediately obvious, which can impact how much time you have to take legal action. If your medical malpractice injury is not immediately apparent, Florida’s discovery rule allows you two years from when you discovered or reasonably should have discovered the injury to file a lawsuit. However, this rule does not apply to all medical malpractice cases. Make sure you talk to a lawyer right away to preserve your right to file a lawsuit.

What should I look for when choosing a medical malpractice lawyer in Destin, Florida?

Your choice of a Destin medical malpractice lawyer is crucial for your case. Start by looking for an attorney with extensive experience in medical malpractice claims. An medical malpractice attorney in Destin that is familiar with these cases will understand the complex medical and legal issues involved and know how to address them.

Next, consider their track record of success. Look for a lawyer who has successfully secured significant settlements or verdicts for their clients. This indicates their ability to build strong cases and negotiate effectively.

Additionally, pay attention to client reviews and testimonials. These can provide insight into the lawyer’s communication skills, responsiveness, and overall client satisfaction. A lawyer who is compassionate and attentive to your needs can make the process of pursuing compensation less stressful.

Finally, check to see whether they offer a free consultation. This initial meeting allows you to discuss your case, ask questions, and determine if you feel comfortable with their approach. Trust your instincts and choose a lawyer who makes you feel confident and supported throughout your case.

Contact Our Destin Medical Malpractice Lawyers Now

It’s important to hold negligent doctors and other healthcare providers accountable when their errors harm patients. The Bruner Law Firm can protect your rights and pursue fair compensation for your losses. Call (850) 243-2222 now or complete our contact form for a free case review. Our team of lawyers, with their years of experience, can help your medical malpractice claim.