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Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Orthopedic Error Malpractice

Orthopedic error lawyers are medical malpractice lawyers and product liability lawyers. Many of the lawsuits though to be malpractice are actually malfunctioning orthopedic devices. The manufacturers of these devices are liable. These are medical malpractice lawsuits against orthopedic doctors or surgeons.Orthopedic doctors and surgeons handle injuries related to bones, muscles, tendons, ligaments and nerves throughout the human body. Orthopedic physicians are responsible for many implant surgeries, diagnosing and operating on muscle tears, bone fractures, hip replacements and nerve damage. Given the scope of the orthopedic specialty, mistakes are bound to happen. While human errors are inevitable, patients usually are not responsible for these injuries, which can result in debilitating pain and suffering, financial loss, and even death. Orthopedic error Lawyers are medical malpractice lawyers who will see that your are compensated for your pain suffering or wrongful death of a loved one. Many Malfunctioning Orthopedic devices have injured unsuspectin victims and caused pain and suffering. These include various knee and hip replacement implants. The Depuy ASR as well as the Zimmer products have been at the center of many Product liability class action lawsuits.

Some of the common injuries which orthopedic error lawyers and medical malpractice lawyers litigate caused by orthopedic doctors or surgeons include:

  • The loss of a limb
  • Development of blood clots before or after surgery. If the clot travels to the lungs or brain, it can be fatal.
  • Complications from knee surgery
  • Complications from any arthroscopic surgery
  • Complications from knee or hip replacement
  • Blood vessel injury during surgery
  • Nerve vessel damage
  • Failure to diagnose or properly treat wrist or arm fractures causing serious injury
  • Failure to properly treat a neck fracture, causing serious injury
  • Failure to properly treat a hip fracture, causing serious injury or the need for a hip replacement
  • Failure to properly treat a spine fracture, causing serious injury, paralysis or paraplegia
  • Failure to diagnose any fracture as the result of misreading or failure to order an x-ray
  • Failure to fit a patient with appropriate screws or plates
  • Failure to treat inflammation or pain as a result of the healing and treatment process
  • Anesthesia-related injuries
  • Infection or sepsis
  • Decreased mobility

If you or a loved one has been the victim of orthopedic medical malpractice, you may be entitled to damages, including medical expenses, lost wages and other compensation. You should hire an orthopedic error lawyer, medical malpractice lawyer experienced in orthopedic surgeon or orthopedic doctor litigation. They will have the knowledge of these types of negligence and call in the appropriate expert witness . They will also be able to make sense of the orthopedic hospital and medical records as well as independent medical examiner evaluations

lawyer for medication errors

A Lawyer for medication errors deals with medication error from pharmacists, misdiagnosis,hospital emergency rooms and nursing homes. A lawyer for medication errors will review your case and make sure you receive proper compensation for the pain,suffering,wrongful death, trauma or medical condition this medication error caused. Medication errors is often related to a misdiagnosis. lawyers for medication errors are looking at the medical malpractice aspects of your negligence claim.

Patients trust their doctors to prescribe the proper drugs for their health conditions Medical malpractice medication errors can occur. When you are injured due to improper diagnosis or negligence by the pharmacy, hospital staff or doctor,and the wrong dose or medication is prescribed A lawyer skilled in medication errors should be consulted. The stressful nature of the medical profession in which doctors, especially emergency room physicians, see numerous patients every day makes this an all-too-common occurrence. These prescription medication errors can result in serious personal injury and death You will need a lawyer with experience in medical negligence. The lawyer you choose should be an experienced medication errors lawyer,attorney or law firm.

If you ve been injured due to being given the wrong drug or an incorrect dosage, you need legal advise from a medical malpractice attorney who has experience in medication errors. Your lawyer for medication errors should have appropriate expert witnesses to call in to testify or write reports regarding the damage this medication error caused. Many medication errors result in severe medical reactions to drugs, hospitalization or even wrongful death.

According to an Institute of Medicine report, between 44,000 and 98,000 deaths may result each year from medical errors in hospitals alone and more than 7,000 deaths each year are related to medications. The FDA evaluated reports of fatal medication errors that it received in a five-year period and found that the most common types of errors involved administering an improper dose (41 percent), giving the wrong drug (16 percent), and using the wrong route of administration (16 percent).

The most common medication errors that a medical malpractice medication errors lawyer will pursue concern the type and dose of prescription medications. Specifically, a doctor might prescribe or a pharmacy might fill the incorrect amount of a drug or the wrong drug for a particular disorder or disease. Medication and prescription-related errors include :

  • Patient’s medical history-related errors: A patient’s medical history must be understood to prescribe the correct medication. Allergies, age, weight, previous conditions and lab tests are all crucial factors in determining appropriate medication.
  • Misplaced decimal points: A doctor can very easily prescribe the wrong amount of medication simply by placing the dosage decimal point in the wrong place, leading to under-treatment or, even worse, an overdose.
  • Drug name confusion and illegible handwriting: A doctor must clearly write or abbreviate the appropriate medication to be filled. Any errors can result in improper medication which may have tragic consequences.
  • Confusing packaging: There have been well-publicized cases of overdoses among infants who received adult doses of drugs because of similarities in the packaging between infant and adult products.

While the correct medication may effectively treat the patient’s condition, improper medication can be deadly. Many common injuries caused by medication errors that you will need a medication errors lawyer for include:

  • Incontinence
  • Impotence
  • Disfiguring skin eruptions
  • Stroke
  • Coma
  • Cardiac arrest
  • Respiratory problems
  • Organ failure or organ damage
  • Allergic reaction
  • Neurological damage
  • Brain injury
  • Overdose
  • Prescription addiction
  • Sensory damage
  • Hemorrhaging
  • Psychological impairment (including depression)
  • Death
Free legal Shield Attorney referral Service has Florid lawyers for medication errors ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Free legal Shied has Florida Lawyers for medication errors ready to help you if you have been injured in the following counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have Lawyers for medication errors in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.