Personal Injury Lawyers & Florida Malpractice Law

Medical malpractice suits have acquired a checkered reputation. On the one hand, most people are horrified when they hear the details of some of the medical malpractice cases that cross the desks of Florida medical malpractice attorneys every day. On the other, they've repeatedly heard that the -huge awards- handed out by juries in medical malpractice cases are driving medical costs for the rest of us. Often, people simply end up placing the blame for -frivolous lawsuits- on those who seem to profit from them - personal injury lawyers. Florida medical malpractice lawyers, however, aren't getting rich off the misfortune of others. In fact, they're among those pushing for accountability in medical practice and for justice for those injured when doctors, nurses and other medical personnel are negligent.

Medical negligence is not as rare as the medical community would like you to believe. In fact, about 100,000 people annually die as a result of medical mistakes and negligence, making it the third leading cause of death in the United States. Nor does medical malpractice look the way that most people think it looks. While some cases are obvious - the medical instrument accidentally left inside the patient or the wrong limb amputated - many cases of medical malpractice or negligence would go completely unrecognized unless someone with medical training noticed they were happening.


Under Florida personal injury law, a medical malpractice suit must have three elements in order to be a valid cause of action. In order to be successful in a medical malpractice case, the plaintiff must show that a significant injury occurred to the patient, the doctor, hospital staff or other medical personnel behaved in a way that doesn't meet acceptable medical standards and the behavior of the medical personnel led directly to the patient's injury. The types of cases that fall under the umbrella of medical malpractice lawsuits include such situations as the following:

Prescription Drug Errors

Among the most common forms of medical malpractice in Florida and throughout the United States are prescription drug errors. These errors range from giving the wrong drug or the wrong dosage to failure to foresee complications that should have been obvious. In addition, these cases may also involve defective or unsafe medications or medical appliances, in which case the lawsuits often involve the manufacturers and distributors. Believe it or not, one of the most common causes of prescription drug errors is illegible prescriptions.

Birth Injuries

Many birth injuries that cause lifelong conditions and defects are a result of substandard or negligent medical care. These can be the most difficult medical malpractice cases to prove because many of the same injuries and conditions can result even though there was no negligence and all care was up to the highest standards. In addition, there are strict statutes of limitation governing whether or not a patient who has been injured can bring a lawsuit against the doctor, hospital or medical supplier. If your child suffered a birth injury, a Florida personal injury lawyer can evaluate your case and help you decide whether or not you should pursue compensation.

Other causes of action in medical malpractice suits include misdiagnosis and missed diagnoses, failure to treat and medical negligence. If you're not sure whether your case rises to the level of medical negligence, your best course of action is to contact a firm of personal injury lawyers. Florida personal injury law firms nearly always offer a free consultation to hear the details of your case and suggest the best course of action for you.

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