Has a medical professional’s inaction, misdiagnosis, or negligence devastated your life or the life of a cherished loved one? If so, the team at Shapiro | Delgado wants to assure you that you are not alone in your fight to receive justice and compensation in your medical malpractice case.
At Shapiro | Delgado, we have extensive experience in successfully litigating medical malpractice cases. Our Sarasota medical malpractice attorneys want to make sure that the professional who changed your life forever will not get away with their negligent behavior.
Reach out to our team today for your free, no-obligation medical malpractice case review.
In a standard medical malpractice case, there usually needs to be the following four elements present to bring the case successfully:
While these are not necessarily injuries stemming from a doctor’s action or inaction, these are examples of the types of behavior that could lead to negative health outcomes:
Each of these overarching categories can have variants of how specifically the medical professional acted negligently, but the core result is the same – the negligence of this third party caused injuries in a medical setting.
Examples of injuries that could result from an instance of medical malpractice:
Just because a patient has this type of injury that does not constitute medical malpractice. It is only medical malpractice (sometimes referred to as med mal) if the physician or medical professional is directly at-fault for causing these injuries.
There’s a reason why many states across the country, including Florida, require physicians and health care providers to carry medical malpractice insurance.
Medical malpractice insurance covers the attorney fees, settlement, arbitration and court costs, and potential damages arising from a medical malpractice case.
Many providers and hospital groups will try to settle medical malpractice cases out of court.
But if a medical malpractice case goes to court, the case largely hinges on the concept of expert witness testimony.
Here’s how expert witness testimony will play out in a medical malpractice case in the trial stage:
Such expert witness testimony is key to proving that medical malpractice has occurred. This is because experts can testify to the appropriate standard of care in these conditions.
In some medical malpractice cases, there is no need for a board-certified expert witness. These cases are when it is obvious to a layperson with no medical training that a provider violated a standard of care. This is a rule called res ipsa loquitur (Latin for “the thing speaks for itself”).
Examples of instances where res ipsa loquitur may apply include if a patient was sexually assaulted under the care of a provider or if a surgical instrument was left inside a patient’s body after the procedure was concluded.
In both examples, an individual without extensive medical training would know that what the provider did was negligent or malfeasant.
In Florida, the statute of limitations for most personal injury cases is four years from when the incident or injury was made known. However, if this incident resulted in the patient’s death, that statute of limitations becomes two years starting from the time of death.
We strongly encourage anyone seeking to bring a medical malpractice case to a successful resolution to contact a trusted legal partner like Shapiro | Delgado as soon as possible.
An ethical legal practitioner or firm would tell you plainly that it is difficult to estimate the value of a medical malpractice case. Those who claim they can do so without working with a client first are not a firm to work with.
However, despite this, it is possible to look at the larger body of data regarding medical malpractice cases to provide some average figures for medical malpractice cases. In data and statistical research performed by the JAMA Internal Medicine Journal, researchers found that there was an average compensation award of:
Many states have damages caps on medical malpractice cases which brings down the averages for medical malpractice cases. Florida used to have a cap on non-economic damages in medical malpractice cases, though this was ruled unconstitutional and unfair by the Florida Supreme Court in 2017.
To properly evaluate a medical malpractice case, you must consult an attorney who can help you understand your legal options and guide you through determining liability and seeking compensation. There’s no better firm for medical malpractice cases than Shapiro | Delgado.
At Shapiro | Delgado, we have a proven track record with success in settlements and jury verdicts. With over $100 million in compensation won for our clients, you can rest assured that we will do what we can for those we represent.
Book your free, no-obligation case review today to get started with Florida’s preferred medical malpractice attorney.