FORT MYERS MEDICAL MALPRACTICE ATTORNEY

Medical malpractice occurs when a doctor or other healthcare professional provides a level of care that does not adhere to the accepted standards of the medical community and the patient suffers an injury as a result of this sub-standard care.

For example, if a patient’s medical history indicates that he or she is allergic to a specific type of drug and a doctor prescribes that drug, causing the patient to have a negative reaction, the doctor may have committed medical malpractice. In general, for a healthcare professional’s conduct to be considered malpractice, he or she must have acted negligently.

A doctor has acted negligently if another doctor who was exercising due care in a similar situation would have prevented the patient’s injuries from occurring. If you sustain an injury while under the care of a healthcare professional in Fort Myers, you may be entitled to compensation if your attorney is able to prove the professional was negligent.

Investigation: Your attorney will launch an investigation into the circumstances surrounding your injury for evidence of your healthcare provider’s negligence. During this investigation, your attorney may review your medical records, charts and notes, as well as the history of care provided by your doctor or hospital. He or she may also consult with experts in the Fort Myers area to determine if your injury could have been caused by a negligent act or omission.

Claim: Using information collected during this initial investigation, your attorney will create a claim supporting your allegations that your doctor, hospital or other healthcare provider was negligent in causing your injury. This claim will be the basis for your lawsuit. It will state and describe your injury, demonstrate how your healthcare provider was negligent, and detail why he or she should, therefore, be responsible for your resulting damages.

Negotiation(s): Prior to filing the lawsuit, the parties involved in the case will typically try to reach a settlement agreement to avoid bringing the case to court.

Filing the Suit: If negotiations prove to be unsuccessful, your attorney will officially file your lawsuit with a Florida court. The parties involved in the case will usually engage in additional negotiations to prevent a trial.

Litigation: Your attorney and the defendant will present their cases in court before a judge and/or jury. Their cases will be supplemented with additional evidence that may have been uncovered. During the trial, both sides will present witness and expert testimony, and cross-examine the other party’s witnesses. The judge or jury will deliberate and make a decision regarding the practitioner’s alleged negligence. If they determine your injury was caused by negligence, they will determine the amount of compensation you should be awarded.

Our Fort Myers attorneys have helped clients recover compensation for injuries sustained due to:

• Anesthesia errors
• Chiropractic malpractice
• Cosmetic surgery malpractice
• Dental malpractice
• Medical device errors
• Medication errors
• Missed or delayed diagnosis
• OBGYN malpractice
• Orthopedic malpractice
• Pharmaceutical malpractice
• Pre and post-operative negligence
• Psychiatric malpractice
• Surgical errors

Birth Injuries May Result from Malpractice

Women who delivered infants with birth injuries may also have a claim for medical malpractice if a doctor or other medical professional failed to properly monitor or assist the child before, during, or after the delivery. During the prenatal stage, birth injuries can stem from a physician’s failure to recommend a specialist for high-risk pregnancy or failure to take proper steps to avoid premature delivery.

Birth injuries can also occur during delivery if a doctor fails to order a Caesarian section, fails to detect an umbilical cord wrapped around the baby’s neck, or fails to recognize other signs of fetal distress.

Although some injuries are diagnosed immediately after birth, others remain unnoticed until later in a child’s life. Negligent care can lead to cerebral palsy, erb’s palsy and klumpke’s palsy, each of which may require life-long care. As a result, the child’s family may be forced to spend time and money monitoring their child’s injury, in addition to implementing necessary accommodations throughout their home.

These victims may be eligible to collect compensation for these and other healthcare costs through a medical malpractice lawsuit.

Every medical malpractice case that is accepted by the attorneys in our Fort Myers office is different. The amount of compensation you receive, if any, will depend on the degree to which your healthcare provider breached their duty of care, the expected duration and severity of your injury, and the number of parties that may be liable for your injuries, among other factors. In most cases, damages can include compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, loss of consortium, loss of enjoyment of life and, in the case of death, funeral and other related expenses.

Successful Medical Malpractice Verdicts

Here are a few cases our Fort Myers office has taken on, and the large sums we successfully got for our clients.

• $19.2 million verdict after a 26-week-old newborn endured a medical overdose at a local hospital.
• $9,728,000 verdict for a 40-year-old woman after a delayed rectal cancer diagnosis resulted in a permanent colostomy, removal part of her liver, and lung metastasis.
• $1.9 million settlement after a delayed diagnosis of a 48-year-old’s bacterial endocarditis.

If you or a loved one has been injured while under the care of a physician or other medical professional, you may have legal recourse. For more information about how our Fort Myers medical malpractice attorneys may be able to assist you, please complete our case review form today. We are currently offering consultations, free of charge.