Frequently Asked Medical Malpractice Questions

The Central Florida Medical Malpractice Lawyers at Dean Burnetti Law provide professional Medical Malpractice, Medical Negligence, and Dental Malpractice Attorney Legal Services in Polk County, including: Lakeland, Auburndale, Bartow, Haines City, Lake Wales, Mulberry, Polk City, and Winter Haven; in Hillsborough County, including: Brandon, Tampa, Riverview, Valrico, and Plant City; in Pinellas County, including: Clearwater, St. Pete, Gulfport, Treasure Island, Largo, Oldsmar, Treasure Island; as well as in all of the surrounding Greater Central Florida Areas.

Q: IF I SIGNED A MEDICAL CONSENT FORM PRIOR TO MY SURGERY OR TREATMENT, CAN I STILL MAKE A MEDICAL MALPRACTICE CLAIM AGAINST MY DOCTOR?

A: Yes.  A medical consent form is not a free pass for the doctor to fail to provide an acceptable standard of care.  When a medical professional deviates from the acceptable standard of care and such deviation harms a patient, that patient may be entitled to compensation for their damages.

Q: CAN I SUE FOR WHAT ALMOST WENT WRONG DURING MY MEDICAL PROCEDURE?

A: No. Sometimes unexpected conditions arise during a medical procedure, and the doctor only has a split second to make a decision.  If they make the wrong choice then correct their error without harming the patient, there is not cause for a medical malpractice claim.

Q: MY DOCTOR MISDIAGNOSED ME...  IS THIS A MEDICAL MALPRACTICE?

A: Not necessarily.  Sometimes a misdiagnosis does qualify as a medical malpractice, but this is not always the case.  Doctors are legally required to act within a certain standard of care.  For example, if a healthy child injures his leg in a car accident and x-rays show that the leg is not broken, the doctor has no reason to test for bone cancer.  Therefore, the boy’s bone cancer might go undiagnosed for months longer until enough time has passed that his leg “should” feel better after the car accident.

Q: MY SURGERY DIDN’T PRODUCE THE OUTCOME I EXPECTED… IS THIS A MEDICAL MALPRACTICE?

A: Usually, no.  If a doctor notifies the patient about the possibility of complications or the possibility that the surgery may not correct the problem, there is no malpractice.  However, if the doctor deviated from the standard of care and the outcome caused you harm, this could qualify as a medical malpractice.

Q: HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE LAWSUIT IN FLORIDA?

A: A wrongfully injured patient has two years to bring a legal action against a medical profession in the State of Florida.  However, because Florida law requires certain documents to be filed or exchanged prior to filing a medical malpractice lawsuit, it’s always best to enlist an attorney as soon as possible so they have time to gather medical records and locate an expert witness.

Q: ARE DOCTORS THE ONLY PEOPLE LIABLE FOR MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE?

A: No.  Any type of medical practitioner who holds a license can be held liable of medical malpractice or medical negligence.  Moreover, the facilities where they practice can be named in a medical malpractice or negligence lawsuit.  Examples include:

• Doctors
• Surgeons
• Medical Specialists
• General Practitioners
• Cosmetic Surgeons
• Dentists
• Oral Surgeons
• Dental Specialists
• Anesthesiologists
• Nurse Practitioners
• Physicians Assistants
• Midwives
• Hospitals
• Emergency Rooms
• Surgical Centers
• Birthing Centers
• Medical Sleep Centers
• Medical Clinics
• Urgent Care Facilities
• Dental Offices
• Oral Surgeon Offices
• Plastic Surgery Centers

Q: IN A MEDICAL MALPRACTICE CASE, WHAT KIND OF THINGS CAN I GET MONEY FOR?

A: Medical malpractice victims may be entitled to payment for economic damages, non-economic damages, and punitive damages.

Economic damages include:

• Medical Bills Brought by The Malpractice (Current and Anticipated Future Prescriptions, Physical Therapy, Additional Surgeries, And Follow-Up Care Required Due to The Malpractice)

• Lost Wages (Current Wage Loss and Anticipated Future Earning Potential Lost Due to The Malpractice)

• Medical Devices or Equipment

• Costs And Expenses Associated with Home Healthcare

• Cost of Outside Services Performing Household Chores (That You Can No Longer Perform Due to The Malpractice)

• Transportation Costs for Medical Appointments

Non-economic damages include compensation for:

• Physical Pain (Immediately Following Your Medical Malpractice Incident Plus Pain You May Be Expected to Feel in the Future)

• Mental Anguish (Includes Depression from Living in Pain or from a Change in Lifestyle resulting from the Medical Malpractice)

• Disability (Includes Limitation of Physical Movements, Senses, or Activities, or the Need for a Medical Device Such as a Colostomy Bag or Feeding Tube, a Limp, or Other Noticeable Malady)

• Disfigurement (Includes Scarring from the Medical Malpractice Incident or from the Need for Surgery Brought on by the Incident; Loss of a Limb, Digit, or Eye; a Crooked Limb or Digit; or the Scar Caused by a Medical Device such as a Colostomy Bag or Feeding Tube)

• Loss of the Enjoyment of Life (Includes Activities that Were a Regular Part of Your Life Before the Malpractice That You Cannot Do Any Longer)

• Inconvenience (Includes Trouble/Difficulty Managing General Activities in Your Daily Life Due do Your Injury)

• Loss of Consortium (This compensation is not awarded to the injured party but to their spouse. Loss of consortium is the life-changing loss of affection, sexual intimacy, comfort, support, and companionship that the spouse of the injured party suffers when the accident victim is injured. Florida law does not allow consortium claims to be made by non-spousal co-residents of the injured party or by people who married the injured party after they became injured.)

• Emotional Duress

Punitive damages:

Though punitive damages are rare in medical malpractice cases, they may be awarded if it is determined that the doctor acted with particular disregard or reckless behavior. Punitive damages give financial punishment to the medical professional for the severity of their gross negligence.

Q: HOW MUCH ONEY WILL I GET FOR MY MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE SETTLEMENT?

A: Each of the “damages” listed above help establish the monetary value of your case. The insurance companies involved (plus the jury if your case goes to trial) will also compare settlements typically awarded for injuries similar to yours.

Q: IF I MAKE A MEDICAL MALPRACTICE CLAIM, WILL I HAVE TO GO TO COURT?

A: Not necessarily. The majority of all injury cases settle prior to going to trial.  Once your case makes it to the litigation phase, you’ll probably have to give a deposition.  This typically takes place at a court reporter’s office or some other neutral location, and requires you to give an oral account of the facts of your case.  You’ll also likely have to attend a mediation.  This usually takes place at a mediator’s office or other neutral location.  At a mediation, both attorneys and the mediator will give opening remarks, then you and your attorney will go to another room by yourselves while the mediator goes between you and the doctor.  If there are hearings in your case, you will probably not have to attend these.  If you case makes it all the way to the trial phase without settling, then you would have to appear in Court.

Q: WHAT KIND OF INJURIES QUALIFY AS MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE CLAIMS?

A: Medical injuries at doctors' offices often include: delayed diagnosis, misdiagnosis, failure to treat, and prescription drug errors.  Medical injuries at hospitals and surgery centers often include: anesthesia errors, surgical errors, hospital acquired infections, birth injuries, and prescription medication errors.

Q: I HAD TO HAVE EMERGENCY SURGERY BECAUSE MY PACEMAKER STOPPED WORKING.  COULD THIS BE A MEDICAL MALPRACTICE LAWSUIT?

A: When a medical implant or device has a defective design or doesn’t work like it’s supposed to, this is not medical malpractice. The legal action for this kind of error would be against the medical device manufacturer. (This also means there is a 4-year statute of limitations.)

Q: MY PHARMACY MESSED UP MY PRESCRIPTION WHICH CAUSED ME TO GO INTO RENAL FAILURE.  THEY GAVE ME 300 mg RATHER THAN 30 mg OF MY USUAL BLOOD PRESSURE MEDICINE.  COULD THIS BE A MEDICAL MALPRACTICE LAWSUIT?

A: When a pharmacy makes a drug error, this is not considered a medical malpractice. Pharmaceutical error injury cases have nothing to do with the doctor (unless the doctor prescribed the wrong dosage). If a doctor’s error is not the reason for the problem, there is a 4-year statute of limitations.

Q: IF I HAD A BAD EXPERIENCE WITH A DOCTOR THAT DOESN’T QUALIFY AS MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE, WHAT CAN I DO?

• You can write a letter, detailing your complaint, to the head of the practice where the doctor works.
• Also, you can send a copy of that letter to the hospital where the doctor has privileges.  (You can find out where the doctor has hospital privileges by visiting the Florida Department of Heath Practitioner Profile website.)
• Furthermore, you can send another copy of that same letter to the Florida Department of Health Services.
• Additionally, if your doctor’s inadequacy was severe, yet not under the umbrella of a medical malpractice, you could file a complaint with the Florida State Medical Board.
• When a doctor is sexually inappropriate or abusive, you should immediately file a police report and contact the Florida State Medical Board.
• If your doctor demonstrated discrimination to your race, gender, sexual orientation, age, or religion, you should contact the Office for Civil Rights at the U.S. Department of Health and Human Services.
• And if your doctor fraudulently billed you, you should report the matter to your health insurer, Medicare, Medicaid, and the Florida State Attorney General’s office.

If you were injured or if a loved one was killed by Medical Malpractice, Dental Malpractice, or Medical Negligence, you have the right to a qualified attorney who is skilled in Florida's complex malpractice law and is knowledgeable about your type of injuries. Call (863) 287-6388 in Polk County or (813) 287-6388 in Hillsborough County or Pinellas County today to schedule a free confidential consultation with an experienced Medical Malpractice lawyer at Dean Burnetti Law.