Medical Malpractice

    Every year, many more people die in the United States from medical malpractice and preventable medical errors than in automobile accidents.  Medical malpractice occurs when a negligent act or omission by a doctor, nurse, dentist, technician, hospital or hospital worker causes injury or death to a patient.  Medical malpractice is a very broad area of the law and includes delays, errors, and failures in diagnosis and treatment.  If you or a family member is injured by medical malpractice, you need a lawyer who is skilled in prosecuting medical cases, knows the medicine, and can obtain and communicate with the best experts to review and testify in the case.  Warner & Warner has that knowledge and skill and can properly investigate and prosecute your case.  Our lawyers have handled complex, intricate medical malpractice cases for their entire careers.  It is an area of special interest for us, and an area in which few lawyers practice, because of the complexities, pitfalls, and expense.  Simply put, these cases are difficult, time consuming, vigorously defended, and expensive—just the kind of challenge Warner & Warner relishes.

    In order to establish a medical malpractice action in Florida, an injured person must make two separate showings.  First, they must prove that the wrongful act was a deviation from generally accepted standards of practice.  This simply means that the medical professional behaved in a manner that is not consistent with how others practice in the same area of practice.  Second, the injured person must prove that the deviation from the standard of care caused an injury or death.  Without meeting both burdens, no medical malpractice case exists in Florida.  Very few personal injury attorneys handle medical malpractice cases, but the lawyers at Warner & Warner have decades of specific experience in complex and catastrophic medical malpractice cases, and have the resources necessary to fight the largest and most powerful doctors, hospitals, and medical corporations in Florida.

    Although the medical malpractice law is designed to protect patients’ rights to pursue compensation if they are injured as the result of negligence, the statutes present many pitfalls and traps for those who are not knowledgeable in medical cases. The laws make medical malpractice cases complex, time consuming, and costly to win. While theoretically you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or that heals quickly. Therefore, if you believe you may have a medical malpractice claim, it is important to consult with an attorney.

    The medical malpractice laws establish strict statutes of limitations for bringing cases against medical professionals.  Although the time frames can be a “moving target,” the basic time within which a case must be brought it two years from the date of the act or omission that caused the injury.  It is critically important to have any potential case investigated as quickly as possible to prevent the statute of limitations from barring your claim forever.

    If you believe you or a loved one may have been the victim of medical malpractice, contact Warner & Warner.  We would be honored to discuss and investigate your case.


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