MEDICAL MALPRACTICE IS A LEADING CAUSE OF DEATH IN THE UNITED STATES
Many people would be shocked to learn that medical malpractice is the third leading cause of death in the United States. But it’s an unfortunate fact. A 2013 study in the Journal of Patient Safety found that between 210,000 and 440,000 patients die annually at least in part because of a medical mistake. According to a 2010 report by the Department of Health and Human Services Office of the Inspector General, in the span of one year, flawed or inadequate hospital care contributed to the death of 180,000 patients in the Medicare system alone.
Florida state laws require that physicians like all other professionals perform their jobs in a reasonable manner. When a doctor fails to perform their specific job in a reasonable manner they can be said to have committed medical malpractice. However, this determination is generally only one-third of the analysis performed in determining whether a client has a potential medical malpractice case. The other two items are whether the medical malpractice actually caused an injury or death and whether such injury has resulted in catastrophic injuries and damages. These complexities are just one of the many reasons it’s important to speak with a qualified and experienced Pensacola medical malpractice attorney at Staples Ellis.
Medical malpractice cases are some of the most challenging to handle and many lawyers choose not to take them. Typically these cases cost the firm handling them between $50,000 and $150,000 (not including attorney fees). Since these costs are advanced by the law firm and other similar firms, these matters are thoroughly evaluated prior to acceptance by the firm and are only taken when the firm feels that all characteristics of a good medical malpractice case are very strong and compelling.
Some common suits involve:
- Bile duct injuries
- Birth injuries
- Hospital negligence
- Nursing home abuse
- Pharmacy errors
- Defective drugs & devices
- Physician negligence
- Surgical mistakes
- Misdiagnosis or failure to diagnose
- Emergency room errors
- Delayed diagnosis
- Failure to diagnose
- Medical device injuries
- Anesthesia errors
At Staples Ellis, we know how to prove the necessary elements of medical negligence. Our team has a proven history of achieving successful outcomes, inside or outside of the courtroom. We routinely work with credentialed medical experts who review the relevant medical records and provide testimony regarding the appropriate standard of care and what a reasonably skilled physician would do under the same circumstances.
What is informed consent?
In Florida, doctors and other medical professionals have a legal obligation to inform patients of the potential risks and benefits of any treatment, surgery or other medical procedure as well as the alternatives. The patient must also consent in writing before any treatment or procedure can proceed. This is referred to as “informed consent.” If a medical professional fails to obtain a patient’s informed consent and is subsequently injured, it is possible to bring a medical malpractice lawsuit based on lack of informed consent.
How long do I have to file a medical malpractice lawsuit in Florida?
Under Florida law, a lawsuit must be filed within 2 years of the date on which the harm was or reasonably should have been, discovered, not to exceed 4 years of the actual date of the alleged malpractice.
How long does a medical malpractice lawsuit take in Florida?
The duration of a medical malpractice lawsuit in Florida varies depending on several factors, including the complexity of the case, the amount of evidence, and the court’s schedule. Generally, these cases can take anywhere from a few months to several years. The process involves several stages, including investigation, filing the lawsuit, discovery, settlement negotiations, and possibly a trial. Factors like the willingness of parties to settle, the number of parties involved, and the specifics of the medical issue in question can significantly affect the timeline. It’s crucial to consult with a legal professional for a more accurate estimate based on the specifics of your case.
Pensacola & Escambia County Medical Malpractice Attorney
At Staples Ellis, we understand the seemingly insurmountable physical, emotional, and financial burdens facing medical malpractice victims and their loved ones. We can help to lift those burdens by standing by your side and aggressively fighting for your rights. While no amount of money will undo the trauma, it is crucial to provide for all of your future medical and financial needs.
Would You Like to Speak to an Attorney here in Pensacola? If you have suffered injuries due to medical malpractice, call Staples Ellis at 850-982-9769.
The Medical Malpractice Attorneys at Staples, Ellis & Associates serve clients in Pensacola County, Escambia County, Destin, Santa Rosa County, Okaloosa County, Walton County, and throughout Northwest Florida.