If you or a loved one will be having surgery, it’s likely that you will be asked by your doctor’s office, clinic, hospital or other medical venue to sign a form known as a consent form. This form usually contains language about the risks of the procedure and often attempts to have you, as the patient, waive your right to bring claims if there are complications. The waiver language within the consent form can often...

Florida is a haven for many people seeking great weather, job opportunities, and a lack of state income tax. It’s considered to have a vigorous healthcare industry, particularly due to the number of retired people who decide to call Florida home. And yet, every year there are thousands of medical malpractice lawsuits that are filed against the doctors and other healthcare professionals who practice in the state. In fact, the National Practitioner Database, a database...

Medical malpractice cases are complex and require substantial evidence to support claims of negligence or wrongdoing by healthcare providers. The burden of proof lies with the plaintiff, who must present evidence that the healthcare provider deviated from the standard of care, resulting in harm. The following elements typically serve as evidence in a medical malpractice case in Florida: Medical Records At the heart of a medical malpractice case are medical records. These typically include documentation...

Medical malpractice occurs when a hospital, doctor, nurse or other healthcare provider fails to meet the standard of care that another provider, in the same situation, with the same credentials, would have met. A patient who is seeking to prove that the medical provider was negligent must show the following elements: A duty of care. Typically, this requires showing that there is a doctor-patient relationship. The healthcare professional breached that duty of care.   The doctor’s...

Medical malpractice is a complex issue, but understanding and implementing the 4 C’s—Compassion, Communication, Competence, and Charting—can help healthcare professionals mitigate risks and improve patient outcomes. These are foundational principles that can significantly reduce the risk of medical malpractice claims and enhance the quality of patient care. As a patient or as an advocate of a patient, you should look for these four C’s as you interview or meet with your doctor Compassion Compassion is...

If you or a loved one has suffered harm due to the improper care received at a hospital, or by a doctor, or other healthcare worker, you know how life-changing it can be. Surgical errors, birth injuries, delayed diagnoses or misdiagnoses, drug interactions, and other harms happen when medical professionals engage in medical malpractice. Read on to learn more about what you must prove in a medical malpractice case and how a Ft. Lauderdale medical...

The outcome of a medical malpractice case is influenced by a number of factors. These include: The severity of the harm suffered by the patient. The strength of the evidence supporting the legal claim. The experience and skill of the attorneys involved in the case. The laws governing medical malpractice in the State of Florida. The Severity of the Harm The severity of the harm is a critical issue in the outcome of a medical...

Imagine that your only child, an unmarried, childless, daughter aged 26, has died due to medical malpractice. Or turn that around and imagine that you, a widow, have died due to medical malpractice, leaving behind your 26-year-old daughter. Did you know that due to a current Florida law, neither one of you would have legal recourse against the doctor who caused harm? How can that be? Florida’s wrongful death statute specifies who can sue for...