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Unveiling the Truth about Medical Malpractice: Your Questions Answered

At Swope, Rodante P.A., we are dedicated to helping victims of medical malpractice in Florida seek justice and obtain fair compensation for their injuries. Malpractice cases are complex, and there are not simple answers, but there are some common questions which we want to address. If you have specific questions about your own potential case or that of a loved one please call our office at 813-273-0017 for a free consultation.

How do I prove malpractice?

Proving malpractice requires establishing four key elements: duty, breach of duty, causation, and damages. Our experienced attorneys will meticulously analyze your case, consult medical experts, and gather evidence to demonstrate that the healthcare professional failed to meet the expected standard of care, resulting in harm or injury.

Medical malpractice infographic reviewing the four key elements: duty, breach of duty, causation, damages. Created by medical malpractice attorneys at the law firm Swope, Rodante P.A.

What are examples of medical malpractice cases?

Malpractice in a healthcare setting encompasses a wide range of scenarios. Some examples include surgical errors, misdiagnosis or delayed diagnosis leading to improper treatment, medication errors such as incorrect dosage or prescribing the wrong medication, birth injuries due to negligence, anesthesia mistakes, failure to obtain informed consent, and inadequate follow-up care.

What is the statute of limitations for filing a medical malpractice lawsuit?

In Florida, the statute of limitations for filing a medical negligence (Med Mal) lawsuit is generally two years from the date the incident occurred or two years from the date the injury was discovered, or should have been discovered, with reasonable diligence. However, there are exceptions and specific circumstances that may impact the timeline. It is crucial to consult our knowledgeable attorneys to understand the deadlines that apply to your situation.

How do I find a qualified attorney?

Finding a qualified malpractice attorney is crucial to the success of your case. Therefore it is important to ask questions about the experience a law firm has and the results their attorneys have achieved. We recommend spending time researching your options rather than simply calling the first law firm you see on TV. Fortunately, you have already found one, at Swope, Rodante P.A., our experienced team specializes in malpractice cases throughout Florida. We have a proven track record of obtaining substantial settlements and verdicts for our clients. Contact us for a confidential consultation and personalized guidance tailored to your specific needs.

What damages can be recovered in a Med Mal lawsuit?

In a Med Mal lawsuit, victims may be entitled to various damages. These include economic damages such as medical expenses, lost wages, and future medical costs, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish the defendant for egregious misconduct.

What is the difference between medical negligence and medical malpractice?

While the terms are often interchanged there are small differences. Medical negligence refers to the failure of a healthcare professional to meet the expected standard of care. Medical malpractice, on the other hand, is a legal concept that involves proving negligence, causation, and damages in a court of law. Our skilled attorneys possess a deep understanding of both medical and legal aspects, allowing us to navigate complex cases effectively.

What are the rights of patients in a malpractice case?

Patients have important rights in a malpractice case. These include the right to pursue compensation for their injuries and damages, the right to obtain a second opinion, the right to informed consent, and the right to access their medical records. Our firm is committed to protecting and advocating for your rights throughout the legal process.

What should I do if I suspect medical malpractice?

If you suspect malpractice, it is crucial to act promptly. Seek medical attention to address any immediate concerns, and then gather and preserve all relevant medical records, documentation, and evidence.

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