Miami Accident Lawyer Blog
When you seek medical attention, you are under control of a particular medical staff. These individuals are, in the ideal world, trustworthy and truthful. Yet sometimes medical errors and even intentional misconduct occurs. Recently, two Florida surgeons have been found guilty of committing medical malpractice. In this particular case, a patient by the name of Maria Espinosa underwent surgery to remove a two-inch skull tumor. Yet, the two surgeons failed to properly evaluate Espinosa. This ultimately led to the patient’s bleeding to death. The surgeons did not notice the mass amount of blood until it was too late. It was later found that the patient should not even have undergone surgery. Other treatment would have been sufficient. The jury involved awarded Espinosa’s family $7.5 million after finding the surgeons negligent.
If you or a loved one is a victim of medical malpractice, it is important to hire an experienced medical malpractice attorney to ensure that you are adequately compensated for your loss. The medical malpractice attorneys at Gerson & Schwartz PA care about victims of medical malpractice. We have brought cases in nearly every medical specialty for failure to correctly diagnose, failure to provide appropriate treatment, and surgical errors. Cases that involve medical malpractice tend to be complex. We know the law involved and we know how to boost your chances of winning adequate compensation.
Florida’s Medical Malpractice Law
For a successful case of medical malpractice, an injured patient (“Plaintiff”) must be able to establish negligence. Doing so requires the Plaintiff to prove certain elements. First, negligence exists when the plaintiff shows that the medical provider owed him or her a duty of care. In general, courts will find that a doctor, for example, owes his or her patient a duty of care. Plaintiff must then show that the medical provider breached said duty of care. Once the breach is established, Plaintiff must show that the breach actually caused his or her injuries. Next, it must be shown that the breach proximately caused, or foreseeably caused, his or her injuries. Lastly, Plaintiff must be able to prove his or her injuries.
Medical Malpractice Statute of Limitations
Under Florida law, you only have two years to file your medical malpractice case with the courts. This is an important rule to keep in mind because if you do not file your case within this two-year period, you are most likely barred from doing so. This rule is called the “Statute of Limitations.”
Take Action
Due to the complexities and variations in every medical malpractice case, it is highly important that an experienced medical malpractice attorney represents you. The medical malpractice attorneys at Gerson & Schwartz, PA are licensed to practice law in all Florida state and federal courts. We are affiliated with other lawyers in virtually all jurisdictions where we are not admitted to practice. Our attorneys have 80 years of collective experience handling such claims. We will take your civil case on a contingency basis. This means that you will not owe us anything unless we recover money on your behalf. Call us today for a FREE consultation!