SARASOTA MEDICAL MALPRACTICE ATTORNEY

Medical malpractice may occur in many healthcare settings, including hospitals, emergency rooms, physicians’ offices, rehabilitation centers, outpatient surgery centers, dialysis clinics, skilled nursing facilities, and patients’ homes when home healthcare services are provided.

A claim may involve care provided by physicians, nurses, advanced practice registered nurses, physician assistants, radiology technicians, therapists, mental health counselors, and other licensed healthcare professionals. To establish a medical malpractice claim, you generally must prove four elements:

Duty of Care

A healthcare provider owes a duty of care when they agree to treat a patient. This requires the provider to act as a reasonably careful healthcare professional would under similar circumstances, commonly referred to as the standard of care.

Breach of Duty

A breach occurs when the provider fails to meet the applicable standard of care. This may involve taking an action that a reasonably careful provider would not have taken or failing to take an action that should have been performed.

Causation

You must show that the provider’s breach caused or contributed to an injury, loss, or death. Causation can be one of the most challenging elements to establish because a poor medical outcome is not always the result of negligence.

Damages

You must also have suffered measurable harm because of the malpractice. Potential damages may include lost wages, reduced future earnings, past and future medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, and loss of companionship or services.

A medical malpractice attorney can review the circumstances, determine whether these elements may be present, and explain how Florida law could apply to your case.

Medical malpractice is a serious matter. If you believe a healthcare provider’s mistake caused you harm, your priority should be your health and safety. Seek medical attention from another provider as soon as possible to get a second opinion or additional treatment. Be sure to explain your concerns and share what happened so your new provider understands your medical history and current condition.

You should also begin gathering any records related to your care. This may include hospital records, doctors’ notes, prescriptions, test results, discharge paperwork, and imaging records. Keep in mind that obtaining complete medical records can take time, sometimes up to 30 days. It may also be helpful to document important dates, conversations, symptoms, and any visible injuries through photos or videos.

Once your immediate medical needs are addressed, consider speaking with a medical malpractice attorney about your legal options. These cases are often complex and may require extensive medical evidence, expert testimony, and a detailed review of what went wrong.

Morgan & Morgan offers free case evaluations for individuals who believe they may have been harmed by medical negligence. With more than 1,100 attorneys nationwide and decades of experience handling complex injury cases, our team can review your situation and help you understand whether you may have a valid claim in Sarasota, Florida.

To establish medical malpractice, a patient generally must present evidence showing that a healthcare provider failed to meet the applicable standard of care and that this failure caused an injury, loss, or death.

Medical Records

Medical records are often central to a malpractice claim. They may document the patient’s medical history, symptoms, diagnoses, medications, test results, procedures, and treatment provided.

These records can help identify possible errors or departures from the standard of care, such as a missed diagnosis, an incorrect procedure, an improper medication dosage, or a delay in treatment.

Expert Testimony

Qualified medical experts often play an important role in explaining whether the healthcare provider acted as a reasonably careful professional would have under similar circumstances.

An expert may review the records, explain complex medical issues, identify a potential breach of the standard of care, and offer an opinion about whether the provider’s actions or omissions caused the patient’s injuries.

Evidence of a Provider-Patient Relationship

You generally must show that the healthcare provider agreed to treat you. This relationship establishes that the provider owed you a duty of care.

Evidence of Causation and Damages

It is not enough to show that a medical mistake occurred. You must also connect the provider’s negligence to the harm you suffered. Medical records, expert opinions, bills, employment records, and other documentation may help establish causation and demonstrate the resulting damages.

A medical malpractice attorney can gather and review this evidence, consult qualified experts, and determine whether the circumstances may support a claim under Florida law.

Yes, you can sue a hospital for medical malpractice if the hospital’s negligence contributed to your injury. This could include issues like inadequate staffing, failure to vet medical professionals, or faulty equipment. However, if the responsible party is an independent contractor rather than a hospital employee, the liability may rest with the individual provider.

Yes, you can sue even if the error did not cause permanent injury, as long as you can prove that the negligence resulted in harm. Compensation can still be sought for medical bills, additional treatments, pain and suffering, and other damages caused by the malpractice.

No medical treatment should cause you unnecessary suffering or additional expenses due to medical error. If any level of harm has come to you because of medical malpractice, reach out to Morgan & Morgan today.

There are legal time limits that determine how long an injured person has to file a medical malpractice lawsuit. These deadlines are known as statutes of limitations.

The statute of limitations for medical malpractice claims varies by state and may depend on several factors, including when the malpractice occurred, when the injury was discovered, and who was involved in the claim. Some states also have a statute of repose, which can place an absolute deadline on filing a lawsuit regardless of when the injury was discovered.

Because these deadlines can vary and exceptions may apply in certain situations, it is important to speak with an attorney as soon as possible if you suspect medical malpractice. Waiting too long could affect your ability to pursue compensation.

The time it takes to resolve a medical malpractice lawsuit can vary widely depending on several factors, including the complexity of the case, the severity of injuries, and the willingness of the parties to settle.

Unlike many other types of law, medical malpractice cases nearly always require litigation. While most cases settle without the need for trial, at Morgan & Morgan, we approach every case as if it will require trial to resolve, as there is no way to predict which ones will require trial. While the complexity of some cases often requires years of litigation, our goal is always to apply maximum effort and resources toward resolving your case and maximizing your recovery. We try to do that as expeditiously as possible.

Settling a medical malpractice case out of court involves several key steps designed to resolve the dispute without the need for a trial. Settling out of court typically involves:

• Demand letter: Your lawyer sends a letter to the defendant outlining your claim and damages.
• Negotiations: Both parties engage in negotiations, often with the help of mediation or arbitration.
• Settlement agreement: If an agreement is reached, both parties sign a settlement, and the case is closed without going to trial.

Resolving a medical malpractice claim through an out-of-court settlement can be complex, but it may be faster and less stressful than going to trial. A settlement also allows both sides to have greater control over the outcome rather than leaving the decision to a jury.

At Morgan & Morgan in Sarasota, Florida, our medical malpractice attorneys are prepared to go to trial if necessary, and we never take the easy way out if you aren’t getting the full and fair compensation you deserve.

A medical malpractice trial is a formal court proceeding in which a judge or jury reviews the evidence and decides whether a healthcare provider’s negligence caused the patient’s injuries. These trials can be lengthy, sometimes lasting several weeks, and may involve substantial costs. That is why we will always make every effort to resolve your case without the need for a trial, while always being prepared to take your case to trial if it comes to that.

Jury Selection

If the trial involves a jury, the process begins with jury selection (voir dire). Attorneys from both sides question potential jurors to determine any biases or conflicts of interest that could affect their impartiality.

The goal is to assemble a fair and unbiased jury that will objectively evaluate the evidence presented.

Opening Statements

The plaintiff’s attorney presents the case overview, explaining the alleged medical negligence and how it caused harm to the patient. This sets the stage for the evidence that will be presented.

The defense attorney responds with their perspective, outlining why they believe the healthcare provider was not negligent or that the negligence did not cause harm.

Presentation of Evidence and Witness Testimony

The plaintiff presents evidence supporting the claim, which may include medical records, witness statements, and expert testimony. Medical experts often play an essential role by explaining how the healthcare provider failed to meet the applicable standard of care and how that failure caused the patient’s injuries. The defense will cross-examine the plaintiff’s witnesses to challenge their credibility, the validity of their testimony, or the conclusions drawn.

The defense then presents its evidence, which may include expert witnesses who argue that the standard of care was met or that other factors caused the injury. The plaintiff’s attorney will cross-examine the defense witnesses to highlight inconsistencies or weaknesses in their arguments.

Rebuttal

The plaintiff may present rebuttal evidence to counter the defense’s claims. This phase allows the plaintiff to address specific points raised by the defense’s evidence and testimony.

Closing Arguments

The plaintiff’s attorney summarizes the case, emphasizing the key evidence and testimony that support the claim of negligence. The defense attorney responds, highlighting the lack of evidence or alternative explanations for the injury.

Each side uses this opportunity to persuade the jury or judge of their position and clarify the most compelling aspects of their case.

Jury Deliberation

The jury considers the evidence and arguments in private before reaching a verdict. In many cases, the decision must be unanimous, although some jurisdictions permit a verdict based on a qualified majority.

Verdict

The jury returns with a verdict, deciding whether the healthcare provider was negligent and, if so, the amount of compensation owed to the plaintiff.

The verdict can either be in favor of the plaintiff, awarding damages, or in favor of the defense, absolving the healthcare provider of liability.

Post-Trial Motions and Appeals

Either party can file motions after the verdict, such as a motion for a new trial or a motion to alter the judgment, if they believe there were errors during the trial.

If the losing party believes that legal errors affected the outcome, they may file an appeal. An appellate court will review the trial proceedings for fairness, but does not re-examine the facts.

An expert witness plays a crucial role in medical malpractice cases, serving as a key component in establishing whether a healthcare provider acted negligently. Their expertise helps clarify complex medical issues for the judge, jury, and attorneys, making their testimony often pivotal to the outcome of the case.

They can help to establish the standard of care, prove negligence, explain medical concepts, interpret evidence, provide objective opinions, testify in court, rebut defense claims, and even assist in settlement negotiations.

Medical malpractice cases can be complex, and doctors, hospitals, and other healthcare providers may raise several defenses to challenge allegations of negligence. Common defenses include:

• The standard of care was met: The provider may argue that the treatment was consistent with what a reasonably careful healthcare professional would have provided under similar circumstances.
• The alleged negligence did not cause the injury: The defense may claim that the patient’s condition or harm resulted from an underlying illness, an unavoidable complication, or another cause unrelated to the provider’s actions.
• The patient contributed to the harm: Depending on the laws that apply, the defense may argue that the patient’s conduct contributed to the injury. Examples may include failing to provide an accurate medical history, missing follow-up appointments, not taking medication as directed, or delaying medical care after symptoms appeared.
• The patient gave informed consent: A provider may argue that the patient was properly informed of the known risks and voluntarily chose to proceed with the treatment or procedure.
• The statute of limitations expired: The defense may contend that the patient failed to file the claim within the applicable legal deadline.

Understanding these potential defenses can help patients and their attorneys anticipate the arguments that may arise and develop evidence to address them. An experienced medical malpractice attorney can evaluate the facts, consult qualified experts, and build a strategy for responding to these defenses.

If you file a medical malpractice claim, the compensation you may receive typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

These cover the quantifiable financial losses you’ve incurred as a result of the medical malpractice. They include:

• Past medical expenses: Reimbursement for past and current medical bills related to the malpractice, such as surgeries, hospital stays, medications, physical therapy, and assistive devices.
• Future medical expenses: The anticipated cost of future medical care, including surgeries, treatment, therapy, nursing services, attendant care, and any other care that is reasonably expected to be necessary.
• Lost wages: Compensation for income lost due to missed work while recovering.
• Loss of earning capacity: If the malpractice affects your ability to work in the future, you can receive compensation for reduced earning potential.
• Wrongful death damages: In the event that the malpractice results in the death of a patient, a surviving spouse and surviving children may be entitled to compensation for loss of monetary support and loss of household services that were provided by the deceased victim.

Non-Economic Damages

These compensate for the intangible losses you’ve suffered, which don't have a direct monetary value but significantly impact your quality of life. They may include:

• Pain and suffering: Physical pain and emotional distress caused by the malpractice.
• Mental anguish: Mental pain, illness, suffering, and/or disease caused by the malpractice.
• Loss of enjoyment of life: If the malpractice prevents you from engaging in hobbies, activities, or other aspects of life you previously enjoyed.
• Inconvenience: Any disruption of normal daily living that resulted from the malpractice, including having to travel to and from doctors, undergo therapy, rearrange lifestyles, etc.
• Disfigurement or disability: Compensation for permanent physical impairment or visible scars resulting from the malpractice.

Punitive Damages

Punitive damages are less common and are awarded to punish the healthcare provider for particularly reckless or egregious conduct. These damages are designed to deter similar behavior in the future.

State-Specific Caps

Some states place limits on non-economic damages in medical malpractice cases. These caps may restrict the amount available for losses such as pain and suffering, even when the injuries are severe.

Factors Influencing Compensation

The amount you may receive will depend on several factors, including:

• The extent and permanence of your injuries.
• The cost of future medical care and treatment.
• The degree of negligence demonstrated by the healthcare provider.
• The specific laws in your state regarding medical malpractice claims.

The amount available in a medical malpractice claim depends on the laws that apply and the specific circumstances of the case. Some states limit certain types of damages, particularly non-economic damages such as pain and suffering, while others do not impose the same restrictions.

Economic damages, including medical expenses, lost wages, and future care costs, may be treated differently. The potential value of a claim can also depend on the severity of the injuries, the long-term impact of the malpractice, and the available evidence.

A medical malpractice attorney can review your case and explain what types of compensation may be available.

If a doctor is found liable in a medical malpractice case, they are usually not required to personally pay the full amount of the settlement or verdict. Compensation is typically paid by the doctor’s malpractice insurance carrier or by a self-insured hospital or healthcare organization.

A finding of malpractice may also be reported to the appropriate state medical licensing board. Depending on the circumstances, the physician could face professional discipline. However, license suspension or revocation is generally more likely in cases involving repeated violations, especially serious misconduct, or intentional wrongdoing.

Medical malpractice specifically involves negligence by healthcare providers, while general personal injury claims can arise from a wide range of incidents, like car accidents or slip and falls. Medical malpractice cases require proving that the provider deviated from the medical standard of care, which is often more complex and involves expert medical testimony.

At Morgan & Morgan, we offer a free legal consultation for medical malpractice so you can learn more about the specifics of your case and what makes it distinctly medical malpractice.

Morgan & Morgan handles medical malpractice cases on a contingency-fee basis, which means there are no upfront attorney’s fees. With our Fee Is Free™ promise, you only pay if we successfully recover compensation through a settlement or verdict. If your case is unsuccessful, you do not owe attorney’s fees.

We use this approach because everyone should have access to experienced legal representation, regardless of their financial circumstances. If you believe medical negligence caused your injuries, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our medical malpractice lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex medical malpractice cases.

Your case may be supported by a dedicated team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you updated throughout the legal process.

Yes, you can switch lawyers at any point in your medical malpractice case if you’re unhappy with your current representation. However, consider any financial implications, such as outstanding legal fees, and ensure your new attorney can handle your case effectively.

Morgan & Morgan offers free case evaluations to discuss the possibility of switching to one of our hospital negligence attorneys. You can call us anytime for free and without obligation.

Medical malpractice cases are often complex, requiring extensive evidence, expert testimony, and significant legal resources. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.

Many of our medical malpractice attorneys began their careers defending physicians, nurses, hospitals, and liability insurance carriers before choosing to advocate for injured patients and their families. This experience gives our team valuable insight into how healthcare providers and insurers may approach these claims.

Morgan & Morgan’s attorneys are committed to pursuing accountability when preventable medical errors cause harm. We work with respected medical experts to evaluate claims and help families understand their legal options. Fill out a free case evaluation to learn more about your legal options.