Medical Malpractice

Florida Medical Malpractice Lawyers representing victims in Miami and beyond

When you or your family member is sick or hurt, you may go to a hospital or urgent care center. We want to be able to trust our doctors, nurses and other medical professionals to get us better. While most live up to a high standard of care, some do not and can leave you in a worse condition than you were in when you went in for treatment. Even worse, a family member can die in Florida from medical negligence or malpractice. The Florida medical malpractice lawyers at the Law Offices of Jason Turchin want to help fight for your rights and get you the compensation you deserve. Contact us today at (800) 337-7755 for a free consultation.

Common causes of medical malpractice injury or wrongful death in Florida

The medical malpractice attorneys at the Law Offices of Jason Turchin can represent clients of medical errors for:

Types of Florida medical malpractice claims

Under Florida medical malpractice law, doctors can unfortunately be negligent and get away with it. However, when their level of care falls below the standard of care in the community and that error leads to a patient’s injury, disability or death, the doctor or hospital can be held liable to compensate the patient or patient’s family. Our team of medical malpractice attorneys and medical professionals can represent catastrophic injury and death claims caused by the following:

Birth injuries – While most child births are uneventful and happy, some babies can be deprived of oxygen during birth which can lead to serious brain damage or death. This oxygen deprivation of a baby can have long-term consequences for the child.

Medication errors – Pharmacy negligence happens more often than we may think. Sometimes a patient is given the wrong dosage or wrong medication altogether. When this happens, it can lead to serious injury or wrongful death.

Delay in treatment or diagnosis – If a patient has an acute issue and there is a delay in treatment, it could lead to serious complications or even death. For example, if a diabetic patient goes to CVS or Walgreens needing insulin immediately and the pharmacist refuses to provide the help and turns the patient away without calling 911 or providing additional support and the patient dies in the parking lot, there may be liability for failing to help. Similarly, there could be a malpractice claim if someone falls and complains of back or neck pain and the hospital takes an xray and says it is fine and releases the person, then the person wakes up the following day with paralysis. Imagine if the radiologist misread the xray and failed to diagnose a fracture which could have been stabilized if it was caught properly.

Sexual assault – There have been numerous reported sexual assaults by orderlies, nursing staff and doctors against patients. If you were a victim of sexual assault or rape at the hands of a hospital employee or doctor, you may be entitled to compensation.

Surgical negligence – Medical device malfunctions happen during surgery and can cause a patient far greater injury than the surgery itself. Doctors can also mess up during surgery, like operating on the wrong body part or leaving wires, gause or other medical supplies inside the patient. When a patient is hurt or killed because of a surgical error, the patient or patient’s family could be entitled to compensation.

Sexual assault claims against a hospital, doctor, and other medical professionals

Our office has handled numerous claims of sexual assault against medical professionals. In one case, a woman was sexually assaulted while being bathed right after surgery as she was waking up from anesthesia. Another nurse even walked in during the bathing process. However, a simple review of her chart would have revealed that she was “self-bathe” and nobody should have touched her. Unfortunately, the person bathing her sexually assaulted her during the bath, and had other similar allegations lodged against him from other patients.

What are the elements of medical malpractice in Florida?

Generally, a patient or patient’s family may have a claim for medical malpractice in Florida if they prove (1) a duty by the physician, (2) a breach of that duty, and (3) causation of injury or death. To establish that a physician breached the duty of care owed to the patient, the plaintiff must generally prove that “the care provided by the physician was not that of a reasonably prudent physician.” One point to consider is the extent of what was done by the medical professional or not done by the professional affected the outcome.

Can a hospital be responsible for a doctor’s malpractice in Florida?

Florida law may allow a jury to find a hospital responsible to compensate a patient for a doctor’s malpractice. It’s what we call vicarious liability. Under a theory of vicarious liability, an employer may be liable for the negligence of their employees committed within the scope of employment. Oftentimes, a doctor or other medical professional maintains an independent contractor status, but still acts like they are part of the hospital. If a hospital retains an independent contractor to provide medical services, it may still be liable for the negligence of that independent contractor if the hospital “cloaked her with apparent authority to act on its behalf.” Godwin v. Univ. of S. Fla. Bd. of Trs., 203 So. 3d 924, 929 (Fla. 2d DCA 2016).

Florida law has found that an apparent agency exists if all three of these elements are present: (1) a representation by the purported principal; (2) reliance on that representation by a third party; and (3) a change in position by the third party in reliance on the representation. That may mean that where a hospital held out a particular physician as its agent or employee, and a patient accepted treatment from that physician and reasonably believed that treatment was rendered on behalf of the hospital, the hospital may be found liable for the physician’s negligence.

What is Florida’s medical malpractice statute of limitations?

Under Florida’s medical malpractice law, a patient or patient’s family has 2 years to bring a claim for medical malpractice in Florida. Florida also has an exception and allows you to file a lawsuit within 2 years after you discovered the medical error or should have discovered the error.

Hiring a Medical Malpractice Lawyer in Florida

If you suffered a catastrophic injury from medical malpractice, or a loved one was killed because of a doctor’s negligence, you should speak with a Florida medical malpractice lawyer today to see if you may qualify for a malpractice lawsuit or claim. The Florida malpractice lawyers at the Law Offices of Jason Turchin can evaluate your case to see if you may be able to pursue a case. We also work with a network of other malpractice lawyers who may be able to assist with cases that do not fall within the specific cases we may assist with. Call us any time at (800) 337-7755 and speak with one of our team members today.