Palm Beach Gardens Attorneys - Medical Malpractice Claims

Emergency Room Errors · Birth Injury · Surgical Errors · Misdiagnosis

The basic definition of medical malpractice is that a patient is seriously injured as a direct result of a doctor's failure to perform according to the acceptable standard of care for a physician in his or her field of practice and in the same specialty.

In recent years, the Florida legislature has passed laws that severely restrict the rights of patients to bring medical malpractice lawsuits. As a result of these changes, the sad fact is that medical malpractice must result in serious injury or wrongful death in order to give rise to a claim that is likely to succeed. Minor medical negligence rarely results in a successful legal claim.

The Florida office of Cohen Milstein Sellers & Toll PLLC, represents injury victims and surviving family members throughout Florida. Our attorneys would be honored to evaluate your medical malpractice claim and give you our learned opinion about whether you have a viable claim. We are available to litigate all manner of medical malpractice claims, including:

  • Surgery mistakes
  • Emergency room errors
  • Misdiagnosis of cancer and other illnesses
  • Birth injury
  • Nursing home abuse and neglect

It is best to contact a medical malpractice attorney as soon as possible after a possible incident of doctor negligence. The sooner we can obtain an independent medical review of your medical records and begin negotiating with the doctor or health care facility, the better. Under Florida law, the deadline to file a medical malpractice case is two years from the date the patient knew or should have known that malpractice occurred.

Medical Malpractice Claim Procedure in Florida

Every case is unique, but Florida law specifies how medical malpractice cases must proceed.

  • First, we obtain all your medical records from all physicians, both relating to the recent incident and any relevant pre-injury records.
  • We retain a highly experienced doctor in the same specialty, who reviews the records to determine whether your doctor fell below the acceptable standard of care.
  • If our expert doctor says medical malpractice occurred, then we send our doctor's sworn statement to the target defendant. This act starts the clock ticking on the mandatory 90-day pre-lawsuit investigation required by Florida law.
  • During these 90 days, we can take your doctor's unsworn statement about what happened, and the doctor's attorney can take unsworn statements from the injured party. We also exchange written evidence with the doctor.
  • At the end of the investigation, the doctor either admits or denies that he or she committed medical malpractice.
  • If the doctor admits liability, then the parties go to binding arbitration to determine the amount of financial compensation. Arbitration usually concludes within two or three months.
  • If the doctor denies liability, then the parties can go into litigation. A year or more may pass before the case gets to the jury trial.

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