Practice Areas
Medical Malpractice
Crenshaw Law Firm represents clients who are victims of medical negligence, also known as medical malpractice. As part of this work, Crenshaw has been shocked to learn of studies showing the number of people that die each year in this country because of medical malpractice is higher than those dying from car wrecks, AIDS, or breast cancer.
What Florida Law Requires of Its Health Care Providers – the Medical Malpractice Standard
Of course, doctors and hospitals are not divine, and they cannot guarantee results, nor should the law require this of them. What Florida law does require, however, is that physicians or doctors who do not properly diagnose; or fail to do the right tests, to promptly treat, or to properly perform surgery, will be legally responsible for money damages to the victim of their medical error.
Hospitals, clinics, labs, and other facilities may share responsibility with that doctor or physician for the error, depending upon the circumstance. Other kinds of health care professionals (like nurses, technicians, emergency medical services (EMS), dentists, etc.) can also be held legally responsible for their professional errors and medical mistakes.
There does not need to be any intent to cause any harm before damages based upon medical malpractice law can be assessed against the doctor, nurse, etc. Nice people can make serious mistakes.
When is it Medical Malpractice?
However, not all medical mistakes legally meet the criteria for medical malpractice. The medical health care professional’s actions will be compared to those who do the same job, in the same community, and only if his or her actions fall below the “accepted standard of care” will the law find medical malpractice to exist. Which may or may not be fair: an action that would clearly be malpractice in Miami’s best hospital among the state’s health care elite on a calm weekday might not be considered malpractice in a rural clinic located in Florida’s panhandle immediately after a hurricane has hit.
Damages Available Under Medical Malpractice Law in Florida
Money damages under Florida malpractice law include past and future medical costs and expenses, lost and future earnings, and pain and suffering. Insurance companies and their adjusters will usually be involved in the proceedings, since malpractice insurance policies will be involved in most instances. Wrongful death damages are also available in the case of a tragic loss of life; in this instance, the Florida Wrongful Death Statute would define the damages available to the victim’s surviving family members.
Have You or A Loved One Been the Victim of Medical Malpractice?
Sometimes, it’s not easy to know if you or a family member has been the victim of medical error or negligence. These injuries may not appear for some time (for example, a wrong diagnosis may take a while to reveal itself). Then again, some medical errors are immediately obvious (for instance, when the surgeon operates on the wrong body part).
Usually, professional help is needed to assess any medical malpractice claim. Having an experienced Florida medical malpractice attorney review your case with you can be very important. A medical malpractice lawyer knows how to gather the right documents and locate the expert medical professionals to assess your circumstances and thereafter, evaluate and prove medical negligence.
The Crenshaw Law Firm represents victims of medical malpractice and their families.
If you or a loved one may have been the victim of medical malpractice, please feel free to schedule a free initial legal consultation at your convenience at (305)759-0277.
