Medical Malpractice FAQ

1. What is medical malpractice?

Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include doctors, hospitals, HMO's, nurses, chiropractors, and therapists - fails to provide a given standard of care, resulting in injury or death.

2. What damages can be recovered from a medical malpractice lawsuit?

a. Medical expenses for treating the injuries caused by the malpractice
b. Damages for pain and suffering
c. Disfigurement and disability damages
d. Lost wages
e. In appropriate circumstances, law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost due to malpractice

3. Who can be held accountable for medical malpractice?

Any person who provides medical care to you and is a "health care provider" as defined by Florida Statutes.

4. What if I did not end up with the desired outcome after treatment?  Is that considered medical malpractice?

In most cases, no.  If the desired outcome had nothing to do with the doctor’s skill of care exercised, then the likelihood of medical malpractice is very slim.

5. How do I know if I have a medical malpractice case?

Determining whether a health care provider may be liable for medical malpractice requires both legal and medical evaluations. You should consult with a qualified attorney if you suspect you have been the victim of medical malpractice so that the attorney can thoroughly and properly evaluate the legal and medical issues involved in your particular situation. Contact the medical malpractice lawyers at Rosen & Rosen or ask us for the name of a medical malpractice attorney in your area.

6. What are typical medical malpractice claims?

a. Failure to properly diagnose a medical condition
b. Failure to properly treat a diagnosed condition
c. Failure to obtain an “informed consent” from the patient prior to treatment

7. What is “informed consent”?

Informed consent is an individual's agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision.

8. What are the statutes of limitations to bring a medical malpractice case?

The statutes of limitations vary between state and case.  If you feel you have been the victim of a medical malpractice, contact the personal injury attorneys Rosen & Rosen or ask us for the name of a medical malpractice attorney in your area, to determine the statutes of limitations directly associated with your state and case.