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Miami Personal Injury Attorney > Blog > General > Medical Malpractice Cases in Florida

Medical Malpractice Cases in Florida

Every day we rely on experts to answer our questions, give us advice, and help us in areas of our life we cannot take care of on our own. This is true whether you contact your phone company about your most recent bill or if you ask a plumber to fix your sink. Some services we seek from others, such as legal services or medical services, have heightened importance, given the amount of money, the severity of the issue, and the effect on our lives these areas of practice have. We trust physicians to provide us with the best care possible and to take the highest precautions in ensuring a positive outcome for curing an illness, completing a surgery, or simply consulting about pain. It follows that someone with this level of specific knowledge has certain obligations to those that entrust them with their lives.

Medical Malpractice Defined

Medical malpractice is not merely a “mistake.” In order to be held liable for medical malpractice, a medical professional must be negligent, reckless, or intentionally do something to endanger a patient. The laws of informed consent suggest that a patient has a right to understand the possible risks of undergoing an operation, taking a certain medication, or receiving treatment for certain ailments. Still, a number of things can still go wrong that can lead to medical malpractice claims even when all of the possible risks appear to be disclosed to a patient.

In a medical malpractice case, the issue may come down to whether the patient would have undergone the treatment or care had they known about the possibility of the risk. If it can be proven that the patient was ill-informed about the risks, or that the physician failed to take the appropriate care and follow protocol when caring for the patient, there may be a basis for a medical malpractice claim. Many malpractice claims arise from loss of bodily functions, paralysis, anesthesia issues, or permanent disability or disfigurement. Chapter 766 of the Florida Civil Statutes dictates these types of claims. It defines important terms, allows for collection of medical records in the instance of allegations against a physician or a hospital, and explains how settlements can be amicably reached. This Code governs cases where people entrust their lives with others who fail to fulfill their duty to act with the proper amount of care. Tragically, these cases often result in permanent loss of enjoyment of life, loss of income, significant hospital expenses, and other things that can be both emotionally and financially disruptive to one’s life.

Florida Medical Malpractice Attorneys

When you contact Alan Goldfarb, P.A., you can rest assured that we will professionally, enthusiastically, and zealously represent you and your loved ones’ interests in coming to a resolution to rectify the harm that has been caused by a medical professional. Some causes of action pertaining to use of medical devices or prescriptions may also fall under the purview of medical malpractice. Regardless of the circumstances, if you or someone you know was injured or killed due to the negligence of a physician, you may be entitled to compensation under the law. Our experienced, Miami-based medical malpractice lawyers will work with you to obtain the best possible outcome. Do not hesitate to contact us today.

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