Medical Malpractice Litigation

When You Need an Experienced Medical Malpractice Lawyer

Medical malpractice is a broad area of law that encompasses various kinds of healthcare failure, including surgical errors, hospital errors, and pharmaceutical errors. The connecting factor is this: healthcare workers have a high duty of care to their patients, because the stakes can be life-and-death. If that high standard is not met, and you or a loved one is injured due to negligence, you deserve justice.

We at Osborne & Francis have included some introductory facts about medical malpractice below, including basic definitions, and how a settlement can help you and your family recover.

If you need more specific information or need to speak to legal counsel right away, call us at (561) 293-2600 today.

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A short-haired white woman recovers and worries after a damaging procedure.

What Is Medical Malpractice?

Medical malpractice encompasses the poor or improper performance of any medical professional, including surgeons, doctors, dentists, nurses, pharmacists, and hospital or clinic staff.

The most common medical malpractice cases include (but are not limited to):

  • Surgical errors: Wrong-side, wrong-site, and wrong procedure errors are inexcusable lapses in professionalism. A mistake in surgery could mean a higher risk of infection, unnecessary pain, and an untreated original injury that worsens due to delay in care.
  • Birth injuries: Injuries during birth can affect mother and child. However, the harm done to infants is particularly horrifying, as brain injuries or neonatal negligence can rob a child of a rich, full life.
  • Hospital negligence: Errors made by physician assistants, administrative staff, or janitorial workers that lead to patient injury. Such errors may be pursued under medical malpractice law to compensate the injured, and prompt improvements in hospital management.
  • Failure to diagnose: An overlooked condition or misdiagnosis can lead to increased pain, harm, and even a fatal loss of life that could justify a wrongful death suit.
  • Pharmaceutical errors: Improper prescriptions, incorrect dosages, or administration mistakes are all examples of medication errors that can cause significant injury. Damages for these errors may be pursued in a medical malpractice case.

A separate yet overlapping area of medical injury comes from defective medical devices. If a healthcare professional knowingly or negligently uses a harmful device on a patient, causing injury, a medical malpractice case may get more complex.

When appropriate, an experienced medical malpractice attorney from Osborne & Francis can pursue two actions related to the same injury. For example, one suit may be brought against a practitioner for improper care, and another against the manufacturer of a defective medical product. Examples of dangerous medical products include inflexible surgical mesh or damaging forceps used during childbirth.

A senior black couple hears bad news from the doctor regarding the husband’s condition after surgery.

How Long Do You Have to File a Medical Malpractice Lawsuit?

Every state has its own statute of limitations for medical malpractice cases that can range anywhere between 1-10 years depending on the type of injury, age of the patient, or whether the malpractice was intentionally covered up. This means that a clock starts ticking after your injury, or in some cases, after you discover your injury.

Such timeline exceptions are important, because certain medical malpractice injuries may not be immediately noticeable. For example, in cases of “never events” like surgical gauze left inside a patient that later causes infection, organ interference, or pain. You may have extra time to file a lawsuit, starting from the moment you are informed of your injury’s cause, instead of the date when the injury first occurred.

“Never events” are never supposed to happen when medical care is delivered with competence and professionalism. If you’re harmed due to such preventable mistakes, you are entitled to compensation under the law. However, to access that compensation, you must file before time runs out. Call Osborne & Francis as soon as possible at (561) 293-2600, and empower us to meet those deadlines on your behalf, while you focus on healing.

Empower the medical malpractice lawyers at Osborne & Francis to meet legal deadlines on your behalf, so you can focus on healing in peace.

What Could a Medical Malpractice Settlement or Damages Award Mean For You?

Osborne & Francis is respected nationally by our peers for our trial-tested reputation, but we also have a proven track record of securing pre-trial settlements and swift verdicts. A successful settlement or verdict means you have access to the financial resources you need as quickly as possible.

Settlements and damages awards may cover:

  • Medical bills and rehabilitory treatments as needed
  • Lost wages and employment or advancement opportunities
  • Pain and suffering costs to your physical vigor or psychological well-being
  • Punitive damages, or payments charged to wrongdoers that are then awarded to you
  • Wrongful death losses, including the economic cost of burial and lost earning capacity, as well as the human cost of losing a spouse, parent, or child

While many injuries and losses can never be reversed, a settlement for a medical malpractice injury can help you access proper medical treatment, and possibly help secure the financial health of your family.

Do not hesitate to reach out for legal help as soon as possible, as it could make a vast and positive difference in your life.

An Asian man recovering from a head injury at home decides to call a medical malpractice lawyer.

How Can You Hire a Medical Malpractice Attorney Today?

It’s recommended to seek legal advice as soon as possible after you are medically stable. A consultation is free and confidential, and can quickly answer any pressing questions you have. One phone call could secure you rapid representation, which means legal minds get to work right away collecting evidence and building a case on your behalf.

Osborne & Francis is a law firm located in Florida, where medical malpractice cases are made challenging by a two-to-four-year filing limit. However, we make it our mission to not only seek the maximum award you are entitled to, but to pursue various other avenues like medical product liability suits when they’re available.

You can reach out to Osborne & Francis today via our online contact form, or by calling our offices at (561) 293-2600. We leave no stone unturned for our clients. Let us do the work while you and your loved ones recover.

Testimonials for Osborne & Francis, Medical Malpractice Attorneys

Hear reviews from previous clients about Osborne & Francis:

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

Alfred

Joe Osborne is a true warrior. He fought for me, his client, and sought a resolution that was best for me. His legal knowledge and his clear and concise presentation of facts makes him a formidable litigator. Joe's compassion is evidenced by a caring persona. He always respected my needs and kept me informed of progress in our case. I would highly recommend Mr. Osborne to anyone seeking legal assistance.

Ann L.

Medical Malpractice FAQs

What is considered medical malpractice?

Common examples of medical malpractice include (but are not limited to):

  • Surgical errors like wrong-side, wrong-site, and wrong procedure operations
  • Birth injuries that may harm the mother or child
  • Hospital negligence errors made by physician assistants, administrative staff, or janitorial workers
  • Failure to diagnose or misdiagnosis
  • Pharmaceutical errors like improper prescriptions, incorrect dosages, or administration mistakes

How long do I have to file a medical malpractice lawsuit?

Each state in the U.S. has a unique set of limitation statutes, laws which set a time limit on when you can file a suit against a medical practitioner or establishment. These filing deadline rules can range as widely as 1-10 years depending on your state or type of injury. This is why it’s important to contact a medical malpractice lawyer right away for professional legal advice.

What does a medical malpractice settlement cover?

An experienced medical malpractice attorney can help secure a settlement or damages award to cover:

  • Medical bills
  • Lost wages or employment
  • Pain and suffering costs
  • Punitive or “punishment” damages from negligent parties
  • Wrongful death losses

What experience does Osborne & Francis have in medical malpractice cases?

Successful case settlements and verdicts from Osborne & Francis include:

  • A result of over $1 billion secured with the help of Joe Osborne on the steering committee for suits regarding a defective medical device (the Rejuvenate modular neck device)
  • A settlement of $9.475 million secured against Bayer Pharmaceuticals regarding Trasylol—a medication intended for heart surgery patients that they continued to sell after it was found to have potentially fatal side effects
  • A $2 million verdict over the defective Kinectiv Technology hip implant manufactured by Zimmer
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