BK&H Law

Florida Location

Medical Malpractice

In poll after poll Americans rate medical practitioners in general and doctors in particular as among the most trusted professionals in the nation. It’s easy to understand why: the vast majority of doctors, nurses, anesthesiologists, pharmacists, and lab technicians strive to deliver the best possible care to their patients.

The fact that doctors and others in the medical field are held in high esteem should not blind anyone to the nation’s medical malpractice epidemic or cause victims and their families to think twice about seeking justice and monetary compensation if they have been injured by a negligent, careless, or incompetent health care professional or facility.

Here are the shocking medical malpractice statistics:

  • Medical malpractice is the third leading cause of death in the United States, behind heart disease and cancer:
  • According to the Journal of the American Medical Association (JAMA), over 225,000 people die each year due to various types of medical malpractice;
  • 12,000 deaths are caused by unnecessary surgery;
  • 7,000 deaths are related to medication errors in hospitals;
  • 20,000 deaths a year caused by other errors in hospitals;
  • 80,000 deaths per year are a result of preventable infections in hospitals;
  • 106,000 deaths result from non-error, adverse effects of medication.

In addition to the deeply disturbing number of deaths each year, medical malpractice is responsible for millions of serious injuries every year—including those that leave patients incapacitated or debilitated for life.

But despite all the deaths and injuries, because lay people are often in awe of doctors, less than two percent of patients or families impacted by medical, prescription, surgical, or diagnostic errors, preventable infections, and other causes ever file a claim against those who are at fault.

If you or a family member has been severely injured as a result of medical malpractice or if someone you love has been killed because a doctor, nurse, anesthesiologist, pharmacist, or other practitioner has made a mistake, don’t allow your respect for the medical profession stop you from seeking the justice you deserve and the compensation you need. In order to protect your rights, you should contact the experienced legal team at Betras, Kopp, and Harshman the moment you believe medical malpractice has occurred.

Why is it important to contact BKH? Because the devastating physical emotional, psychological, and financial effects of medical errors can last years, even decades.

Consider this example: a child profoundly injured at birth by a doctor who ignores or misses signs of fetal distress will require a lifetime of incredibly expensive care—in many instances long after his or her parents have passed away. The cost of such care could easily reach millions of dollars—dollars those who caused the injury should pay.

Because the stakes are so incredibly high in medical malpractice cases and because these lawsuits are incredibly complicated and expensive to pursue, you should place your trust in BKH. We have the experience, knowledge, and resources necessary to take on the medical practitioners that caused the injury or death and the insurance companies that defend them. That’s why we have been able to win millions of dollars that have helped our clients recover from and cope with the effects of medical errors.

If you or a member of your family is suffering because a health care professional or facility was reckless, careless, or made a mistake, use our contact form or call 813-333-9420 or  800-457-2899 to arrange a free, no-obligation consultation today.

Medical Malpractice FAQs

Q. What is medical malpractice?

The answer to this question is as complicated as the practice of medicine itself. But in general, medical malpractice may have occurred if a patient suffers injury or death because a doctor, nurse, pharmacist, anesthesiologist, or other medical treatment provider acted negligently or failed to act. This is true even if the patient already suffered from a disease or injury when they sought treatment.

Following are a list of the most common medical errors that result in medical malpractice:

  • Failing to diagnose and properly treat medical emergencies
  • Failing to diagnose and properly treat serious medical conditions
  • Surgical mistakes, including improper amputations or the failure to remove all instruments, sponges, and other materials at the end of an operation
  • Prescribing the wrong medication or ordering improper treatment or therapy
  • Delays in diagnosis that allow conditions or diseases to worsen—this is especially dangerous in cancer cases
  • Mistakes during labor that result in the death or profound disability of the child
  • Failing to properly advise a patient of the doctor’s diagnosis so they and their family can assess all treatment options
  • Failing to obtain informed consent by not fully explaining the implications associated with a recommended treatment or therapy
  • Injury or death that occur because a doctor or other practitioner has decided to abandon the patient and stop providing therapy or care

Q. Who can be held accountable for medical malpractice?

In general, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, technicians, hospitals, pharmacists, and other practitioners.

Q. What are the criteria for determining if a doctor or other practitioner has committed malpractice?

A doctor that fails to act in the same manner as a reasonably prudent physician in the same field of medicine would act under the same circumstances may have committed malpractice. Nurses, therapists, and other practitioners and the hospitals or clinics they work for may be held responsible for malpractice if they failed to meet accepted standards of care in their particular field. Under certain circumstances, a hospital in Florida may be held liable for the negligent acts of physicians who are not employed by the facility.

Q. Does signing a consent form waive my rights to file a lawsuit for medical malpractice?

No. Even if you signed a consent form, you did not consent to receive substandard medical care. A doctor`s failure to meet the acceptable standard of care is not the same as consenting to the normal risks of a procedure. In addition, the consent form may not have contained all relevant information or it may have been signed without adequate explanation.

Q. What is the statute of limitations in Florida for a medical malpractice case?

In Florida, victims or family members have two years from the date of injury or death to bring a claim. Because of this relatively short time frame, it is important to contact the experienced medical malpractice attorneys at Betras, Kopp, and Harshman the moment you believe you or a family member have become victims of medical malpractice.

Q. What type of compensation may victims receive in a medical malpractice case?

Compensation may be awarded for economic and non-economic losses including lost wages, lost work opportunities, medical bills, and past and future care expenses. Non-economic damages are assessed for pain and suffering and the loss of enjoyment of life.

Q. Are there additional damages if medical malpractice results in death?

Yes. under Florida’s wrongful death statute the decedent’s spouse, children, parents, and sometimes siblings, may be awarded damages for the following:

  • Loss of support from the decedent
  • Loss of services of the decedent
  • Loss of society of the decedent
  • Loss of prospective inheritance to the decedent’s heirs
  • Mental anguish incurred by the surviving spouse, dependent children, parents, or other next of kin