Orlando Medical Malpractice Attorneys
Serious medical errors and negligence occur far more often than most people realize. Unfortunately, surgical errors, anesthesia errors, medication errors, misdiagnosis and delayed diagnosis, and negligent post-operative monitoring can all result in fatal injuries.
If you believe that a medical error or negligence caused you to sustain serious injuries or may have caused the death of a family member, you may be able to hold the responsible parties accountable for their negligence by filing a medical malpractice claim. At Bailey Fisher, we have witnessed the devastating impact that medical negligence can have on victims and on surviving family members, and are dedicated to zealously pursuing damages for those who have suffered as a result of medical malpractice.
What Is Wrongful Death Due to Medical Malpractice?
Doctors and other healthcare providers are human and, as such, do make mistakes. Not all of these mistakes constitute actionable medical malpractice. For a mistake to be considered medical malpractice in Florida, a doctor or other healthcare professional has to commit medical negligence, defined as a breach or violation of the “standard of care.” In other words, medical malpractice occurs when a doctor does not do what a reasonably careful doctor with similar training and experience would have done under similar circumstances, or does something that a reasonably careful doctor would not do under similar circumstances.
Unfortunately, medical errors that give rise to a claim of medical malpractice can occur in a wide variety of settings and circumstances and can be fatal. Surgical errors, for example, can cause serious damage to vital organs or bodily structures, excessive bleeding, or infection. Medication and anesthesia errors can lead to fatal interactions or reactions, and emergency room errors can result in a patient’s death if a serious condition is misdiagnosed and the patient is sent home too quickly without having been tested or treated. Misdiagnosis or delayed diagnosis by a doctor can result in permanent injury or even death.
Who Can Be Liable for Medical Malpractice?
While doctors certainly do commit medical malpractice, they are not the only healthcare providers who do. In fact, almost anyone in the healthcare field could potentially be held liable for injuries or death suffered as a result of a compensable medical error. Along with doctors, the following other healthcare workers could be named as a defendant in a medical malpractice lawsuit:
- Urgent care clinics
- Administrators at a long-term care facility
Compensation in a Medical Malpractice Lawsuit
The victim in a medical malpractice lawsuit may be entitled to both economic and non-economic damages. When the medical malpractice has resulted in death, the victim’s family may be entitled to those damages. Economic damages include compensation for those things for which you can provide tangible proof of the cost, such as medical bills and lost wages. Non-economic damages are subjective and cover the emotional trauma, pain and suffering of the victim and family.
Beware of the Statute of Limitations
A statute of limitations is a time frame, established by the state, within which legal action must be commenced. For a medical malpractice lawsuit involving wrongful death, the statute of limitations in the State of Florida is generally two years from the date the death occurred. However, there are rare exceptions to the statute of limitations, and the attorneys at Bailey Fisher are familiar with these and can advise your regarding your legal rights when you have a question involving potential medical malpractice.
Furthermore, Florida has “pre-suit” notice requirements that mandate providing notice to the healthcare provider of a victim’s intention to file a lawsuit. A complicated and time-consuming settlement process is also required following the notice. These time constraints and requirements make it particularly important to consult with an experienced medical malpractice attorney when a loved one has been the victim of medical malpractice.
Get Help from Experienced Orlando Medical Malpractice Attorneys
The medical malpractice attorneys at Bailey Fisher have extensive experience in medical malpractice cases and are committed to helping families whose loved ones have suffered serious injuries and death as a result of a medical error.
If you believe that you lost a loved one as a result of medical malpractice, we want to help you hold the responsible parties accountable for their negligence and ensure that you are fully compensated for your expenses and losses.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando medical malpractice attorneys will listen to what happened and advise you on your best course of action.