Holding Doctors Accountable

Physicians owe their patients a professional duty of care, which in medico-legal terms, is called the “prevailing standard of care.” You can file a medical malpractice claim against a doctor under Florida Statute 766.101 if they failed to uphold this prevailing standard of care. With legal guidance and representation from a skilled physical malpractice attorney, you may be able to achieve financial damages for your injuries that occurred because of the physician’s negligence, poor judgment, or error that breached the expected standard of care. 

Patient sitting on hospital bed

Procedural Guidelines for Suing a Physician in Florida

The Florida Comprehensive Medical Malpractice Reform Act explains the guidelines for suing a doctor for medical malpractice. A variety of procedural guidelines are listed under the law for pursuing this type of claim. Injured patients get two years from the date of physician error to file a lawsuit. The law applies to healthcare providers, such as physicians, osteopaths, podiatrists, chiropractors, optometrists, dentists, pharmacists, hospitals, and ambulatory surgical centers, among others, for providing a substandard level of care. A reliable and outstanding medical malpractice lawyer can evaluate the individual circumstances of your claim and explain whether the law applies to your particular case or not. 

When Can You Sue a Physician for Medical Malpractice in Florida?

It’s critical to have a clear understanding of what constitutes physical malpractice in Florida. There are several things that can go wrong before, during, or after a treatment or surgery – all of them don’t constitute negligence or malpractice. Physician malpractice refers to mistakes, errors, or misjudgments made by a medical care provider resulting in unforeseen injuries. 

You don’t necessarily have a physician negligence claim just because you experienced negative outcomes or sustained medical injuries. Under Florida law, the burden of proof is on you to prove that the attending or treating physician was negligent and that their act of negligence resulted in your medical injuries, pain, and suffering. You may be able to hold your physician liable for negligence in the following instances, among others:

  • They used contaminated, expired, or defective medicines or devices
  • They did not treat your condition in a proper or timely manner
  • They misdiagnosed or failed to diagnose your health condition
  • They prescribed an improper dosage of medicine
  • They committed errors of omission or commission during the treatment or surgery 
  • They failed to provide the necessary follow-up care, which led to complications 
  • They did not properly warn or educate you about the necessary precautions to take before and after the medical procedure

You will need to consider whether your physician is the right person to sue or not. The person committing the error needs to be held responsible in medical malpractice lawsuits. For instance, you cannot hold the physician responsible for an error committed by a lab technician. Based on this, you can hold them responsible if the negligence on the part of a nurse led to your injuries. Our physician negligence attorneys in Miami can help see if you have a case.

Can I Sue the Hospital Where the Physician Works?

If a physician commits an error that results in medical malpractice, you may be able to hold the hospital responsible for your injuries as well. Determining liability in such situations can be complicated. Many physicians don’t carry medical malpractice insurance, even though the law requires them to. 

They use loopholes in the system to “go bare” by putting an asset or a line of credit as collateral. You can still sue the doctor, but you are essentially going after the “asset” they used as collateral. Based on this, when you sue the hospital for your injuries, you can maximize the compensation claim. Hospitals typically carry much better insurance than physicians.

These are a few instances when a hospital can be held liable for medical malpractice:

  • An incorrect surgery was performed
  • The hospital provided a poor standard of care, directly causing the injury
  • Incorrect medication or the wrong amount of medication was given to you

Suing a hospital may be the best legal option if your physician doesn’t have insurance at all. You may be able to recover both economic and non-economic damages, including medical expenses, lost wages, and pain and suffering. 

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Looking up at doctors in a surgery room

How Do You Establish a Viable Physician Negligence Claim?

You will need to establish that your claim meets all the guidelines listed under the Florida Comprehensive Medical Malpractice Reform Act. This includes:

  • There was a patient/doctor relationship with the physician
  • The healthcare provider owed you a duty of care
  • There was a breach of duty of care
  • The breach resulted in injury, and you suffered compensable damages

All medical providers in the country owe patients a standard of care which refers to the type of care another medical provider with the same skills, expertise, and specialty would provide. Patients and their loved ones have the right to pursue compensation for the damages suffered when this standard of care is not upheld. Suing a physician can seem daunting – a seasoned medical malpractice attorney can help.

Legal Help is Here from Trusted and Capable Medical Malpractice Attorneys in Florida

If you or a loved one has suffered injuries because of physician negligence, the competent legal team at The Alvarez Law Firm can help you obtain the financial compensation you deserve. Our legal teamphysician negligence lawyers in Miami staunchly believe that no one should have to suffer because of the negligence of a medical care provider. We will leave no stone unturned to establish evidence, hold the at-fault parties liable, and negotiate the best possible settlement on your behalf. If necessary, we are prepared to go to trial to help you achieve your rightful damages in court. To set up your complimentary consultation with us, call 877-445-7675 or reach us online

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