If you or someone you love was injured by your doctor, a hospital you were admitted to, or by any other healthcare provider, our Daytona Beach medical malpractice attorneys may be able to assist you in pursuing a lawsuit in the hope of finding justice for the other party’s negligent actions. While most medical malpractice claims in Florida are resolved through settlement negotiations, our medical malpractice attorneys have gained a reputation as experienced litigators who are not afraid to take their cases to court.
We have tried cases against top doctors and Florida hospitals, successfully recovering jury verdicts that truly recognized the extent of our clients’ losses. While each case is different and damages will vary, Morgan & Morgan has recovered multi-million dollar results on behalf of clients who were injured as a result of misdiagnoses, surgical errors and other types of medical malpractice.
Do you have a medical malpractice case? The attorneys in our Daytona Beach office are currently offering consultations, free of charge, to all potential clients. Contact us today by completing our free case review form and find out if you have a claim for compensation.
What is Medical Malpractice?
Those under the care of a healthcare provider (e.g., doctors, nurses, hospitals, anesthesiologists, dentists, etc.) are owed a certain level of care by that professional. This responsibility, or duty of care, helps to ensure the safety and well-being of patients throughout the state of Florida. If a doctor or healthcare professional deviates from accepted practices and an injury results, they may be held accountable through a medical malpractice lawsuit.
For example, one physician orders a test to rule out a medical disorder, as this is a routine diagnostic practice. A doctor in a similar situation fails to order this test because he or she does not believe it is necessary or does not realize it is crucial and, as a result, misses the diagnosis. If the patient treated by the second doctor is harmed, the physician may be liable for any resulting damages.
It is important to understand that a bad outcome of a surgery, procedure, or visit to a healthcare professional does not automatically entitle the injured party to legal recourse. To have a viable medical malpractice claim, the patient must sustain an injury and the healthcare provider’s negligence must have been the cause of that injury.
To prove medical negligence, your attorney will show that your physician breached their duty of care to you through some act or omission, that you sustained an injury, and that the breach was the cause of your injury.
Examples of medical malpractice may include:
- Failure to diagnose
- Charting errors
- Pre- or post-care errors
- Medication errors
- Operating without consent
- Failure to use sterile instruments
- Misuse of medical tools
Proving Your Malpractice Case
One of the most crucial aspects of your medical malpractice lawsuit will be your attorney’s ability to prove a causal link between the doctor’s negligence and your injury.
To determine this link, your attorney will need to:
- Understand the area of medicine under which your case falls
- Determine whether your injury is one typically sustained in similar situations
- Review the physician’s treatment plan
- Understand how to decipher medical documents
- Carefully analyze the details of the procedure or act that allegedly caused your injury
- Work with to expert medical professionals to help re-create and analyze the incident in which your injury was inflicted
Your attorney can then begin to illustrate how the negligent act directly caused your injury and why your healthcare provider should be responsible for your losses.
Medical Malpractice Cases We Handle
Our Daytona Beach attorneys handle medical malpractice cases stemming from several areas of medicine, including:
- Spinal cord malpractice
- OBGYN malpractice
- Psychiatric malpractice
- General surgery malpractice
- Chiropractor malpractice
- Dental malpractice
- Orthopedic malpractice
- Birth injury malpractice
- General practitioner malpractice
Our Daytona Beach medical malpractice attorneys handle wrongful death claims and cases involving fractures, infection, back and neck trauma, spinal cord damage, traumatic brain injury, severe burns, organ damage, disfigurement, loss of limbs, and paralysis.
Who Is Liable for My Injuries?
A number of parties may be liable for your injuries, including your doctor, physician or nurse; the medical staff involved in your procedure; or the hospital or private practice that hires and employs the allegedly negligent medical professional. Pharmacists, anesthesiologists, and manufacturers of materials or tools used during your procedure may also be liable in a medical malpractice case.
How Much is My Case Worth?
Each medical malpractice case is unique. The amount of compensation you may be able to recover will depend on:
- The facts specific to your case
- The area of medical practice related to your injury
- The significance of your injury
- The severity of the healthcare professional’s breach
- Your attorney’s ability to illustrate the causal link between the negligent act and your injury
If you or a loved one has been injured while under the care of a doctor, dentist, surgeon, obstetrician or other healthcare professional in the Daytona Beach area, you may be able to receive compensation. To find out if you have a case, please complete our free case review form today.