Medical malpractice occurs when a healthcare professional fails to provide the standard level of care expected of them, resulting in injury, harm, or death to the patient. Medical malpractice can occur in various ways, from misdiagnosis or delayed diagnosis to surgical errors, anesthesia errors, prescription or dosage errors, and birth injuries.
Medical malpractice is a serious issue that can have long-lasting consequences, and it’s essential to understand the different types of medical malpractice, how to prove medical negligence, and how to file a medical malpractice lawsuit in Lakeland. You’ll also learn how Osborne & Francis can help if you’ve suffered harm due to a medical professional’s mistake.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
What is Medical Malpractice?
Medical malpractice is a legal term used to describe the negligence of a healthcare professional or institution in providing medical care or treatment. It can occur when a healthcare professional fails to diagnose or treat a medical condition correctly, uses improper or ineffective treatment, or doesn’t obtain informed consent from the patient. Medical malpractice can result in serious injuries, permanent disabilities, and even death.
How to Prove Medical Negligence
To prove medical negligence, you must establish four elements: duty, breach, causation, and damages. The following is a brief explanation of each element.
First, you must establish that the healthcare professional had a duty to provide you with a certain level of care.
Second, you must establish that the healthcare professional breached that duty by failing to provide the appropriate level of care.
Misdiagnosis or delayed diagnosis can occur when a healthcare professional fails to diagnose a medical condition or incorrectly diagnoses it. This can lead to delays in treatment or incorrect treatment, resulting in the patient's condition worsening or becoming more severe. Misdiagnosis or delayed diagnosis can occur in various medical conditions, such as cancer, heart disease, infections, and neurological disorders.
Surgical errors can occur when a healthcare professional makes a mistake during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient's body. These errors can cause significant harm and result in permanent disabilities or even death.
Anesthesia errors take place when a healthcare professional administers too much or too little anesthesia, resulting in the patient waking up during surgery or experiencing complications such as brain damage or cardiac arrest. Anesthesia errors can also occur when a healthcare professional fails to properly monitor the patient during surgery.
Prescription or Dosage Errors
Prescription or dosage errors can occur when a healthcare professional prescribes the wrong medication or dosage. This mistake can result in adverse reactions, allergic reactions, or even death. These errors can occur in various settings, such as hospitals, clinics, and pharmacies.
Birth injuries are tragic. They occur when a healthcare professional fails to provide the appropriate level of care during pregnancy, labor, or delivery. Birth injuries can result in permanent disabilities or even death to the mother or child. They can occur in various ways, such as failure to monitor the fetal heart rate or perform a timely cesarean section.
Medical Issues Associated with Errors
Medical issues associated with errors can range from mild to severe. These issues can include infections, disabilities, loss of limbs, brain damage, and even death. Medical malpractice can have long-lasting consequences for the patient, their family, and their future.
The Process for Filing a Medical Malpractice Lawsuit
If you believe you have been a victim of medical malpractice in Lakeland, the first step is to contact an experienced medical malpractice lawyer. An attorney can help you determine if you have a case and guide you through the legal process.
The next step is to investigate your case thoroughly. Your attorney will review your medical records, consult with medical experts, and gather evidence to establish the four elements of medical negligence. Depending on the case's complexity, this process can take several months or even years.
Once your attorney has gathered all the necessary evidence, they will file a medical malpractice lawsuit on your behalf. The defendant, typically the healthcare professional or institution, can respond to the lawsuit and present their defense.
The next step is discovery, where both parties exchange evidence and information relevant to the case. This process can include depositions, interrogatories, and requests for documents.
After discovery, the parties may attempt to settle the case through mediation or negotiation. If a settlement is not reached, the case will proceed to trial. At trial, both parties will present their case to a judge or jury, who will determine the outcome of the case.
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
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.
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
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How Long Do I Have to File a Medical Malpractice Case in Lakeland, Florida?
In Florida, you have two years from the date of the medical malpractice or from the date when you discovered or should have discovered the medical malpractice to file a lawsuit. If you fail to file a lawsuit within two years, you may lose your right to pursue legal action.
Contact Osborne & Francis to Speak with an Experienced Medical Malpractice Lawyer
If you have been a victim of medical malpractice in Lakeland, please contact Osborne & Francis to speak with an experienced medical malpractice lawyer as soon as you can. Our attorneys have the knowledge, experience, and resources to help you obtain the compensation you deserve for your injuries and losses.
We offer a free initial consultation, and you won’t have to pay us anything unless we achieve a successful outcome in your case. Call us at (561) 264-6238 or use our online contact form to schedule a consultation and learn how we can help you.
Frequently Asked Questions
Boca Raton Office
925 S. Federal Highway, Suite 175 Boca Raton, FL 33432