Lakewood Ranch medical malpractice attorney James Horne is experienced and never shies away from a complex case. Medical malpractice cases are tough. You need an attorney who understands complex medical issues and knows how to litigate cases to succeed.
James is a skilled Lakewood Ranch medical malpractice attorney who has a proven track record of holding negligent medical practitioners responsible for the damage they caused.
Medical Malpractice Lawyer in Lakewood Ranch Explains Why Pursuing a Med-Mal Claim Is Important
When we trust our health to our doctors and care team, we expect the best results possible.
You should never put your life in the hands of a physician you do not feel you can trust. Doctors also want their patients to trust that they will do their best in all cases. Our healthcare system would fall apart if we lost that sense of trust.
We also need to realize that medical professionals are ordinary, fallible humans. They make mistakes at their job just like everyone else. The problem is that their mistakes have the potential to ruin a patient’s life or even kill them. If no system were in place to hold medical practitioners liable for their negligence, doctors would not be incentivized to prevent or correct mistakes. Additionally, medical malpractice victims need to feel a sense of justice for their loss. Victims of medical malpractice would have to suffer in silence if they did not have a way to be compensated for their injuries. By holding negligent practitioners liable for their actions and by giving victims a voice, medical malpractice lawsuits play an important role in the healthcare industry.
Medical Malpractice Law In Florida
Florida law statute 766.102 defines medical malpractice. At the outset, you must understand that an injury or a bad outcome is not necessarily evidence of medical malpractice. People sometimes suffer poor medical outcomes even when the doctor does not make a mistake. A medical malpractice claim is viable only if a medical professional breaches their professional standard of care.
The standard of care is the level of skill, care, and treatment a reasonably prudent healthcare provider should give when considering all relevant circumstances. Essentially, you judge a practitioner’s actions according to how a reasonable practitioner would act in the same circumstances.
Under Florida law, a doctor may be liable for medical negligence if they deviate from the standard of care and cause an injury that was not a foreseeable or necessary result of a properly performed procedure.
Discovering a foreign medical object like a needle, sponge, forceps, clamp, or other medical tools in the body is also evidence of medical malpractice. However, refusing to order additional tests is not necessarily malpractice if the provider did so in good faith and in keeping with the appropriate standard of care.
In addition to proving a breach of the relevant standard of care, you must prove causation to win your medical malpractice case. To prove causation, you must show the doctor’s failure to follow the standard of care that caused your injury.
Medical Malpractice Cases James Horne Law, PA Handles in Lakewood Ranch
Medical malpractice can occur in several ways. A medical professional may be liable if their negligence causes a patient’s injury or worsens their condition. Below are some situations that may lead to a viable claim for medical malpractice in Florida.
Misdiagnosis or Delayed Diagnosis
Accurate and timely diagnosis is essential to effective treatment. A misdiagnosis or delayed diagnosis can lead to improper medical care, extended illness, or even death. A patient may pursue a medical malpractice claim if the failure to diagnose was a deviation from the accepted standard of care and resulted in harm.
Surgical Errors
Surgical procedures carry inherent risks. However, those risks do not excuse harm that occurs due to negligence. Operating on the wrong site, leaving instruments in the body, or making avoidable errors during surgery may all constitute malpractice. Surgical errors often lead to emergency corrective procedures and long-term complications.
Medication Errors
Prescribing or administering the wrong medication—or the correct drug in the wrong dosage—can cause poor outcomes. Medication errors may also involve harmful drug interactions or administration to a patient with known allergies. Florida courts recognize these mistakes as potential breaches of the standard of care.
Birth Injuries
Obstetricians and other medical providers involved in prenatal care and delivery must monitor for complications and act promptly when emergencies arise. Misexecution of a necessary cesarean section, improper use of forceps or vacuum extractors, or failure to monitor fetal distress may cause lasting harm to the newborn or the mother.
Anesthesia Mistakes
Anesthesia must be carefully administered and closely monitored. Administering the wrong dosage, failing to monitor vital signs, or not reviewing a patient’s medical history for contraindications can result in serious injury or death. Because of the risks associated with their area of practice, anesthesiologists are held to high standards.
Lack of Informed Consent
Physicians must properly explain the risks and benefits of treatment before proceeding. If a provider fails to advise a patient of risks reasonably, and the patient suffers harm, there may be grounds for a malpractice claim based on lack of informed consent.
These examples may give rise to a claim if the medical professional’s actions or inactions fall below the standard of care and directly cause injury. Not all medical errors meet this threshold. That determination often requires detailed medical records and expert testimony from professionals in the same discipline.
Lakewood Ranch Medical Malpractice Attorney Discusses an Expert Witness’s Role in Med-Mal Claims
You can file some injury claims without needing an expert’s opinion. For example, you can file a car accident claim without the opinion of an accident reconstruction expert. Medical malpractice cases are different. Expert witnesses must testify to the standard of care for the relevant discipline. Florida law has specific qualifications for expert witnesses. Having no record of convictions for fraud or perjury in any jurisdiction is one of the many qualifications an expert medical witness must have. Working with a lawyer who understands the law and knows how to get the right experts for your case is vital to making your medical malpractice claim as strong as possible.
You might need several expert witnesses to prove your case. You might have to call on other doctors to explain the nature of your injury, your long-term prognosis, and whether you can regain normal function again. Additionally, economic experts can help the jury understand how much money you lost from wages or your salary because of medical malpractice. This calculation includes the loss of potential future earnings as well. If your injuries are permanent, you might need testimony from an actuary who can explain your life expectancy and how much money you will need to live for the duration of your life.
Medical Malpractice Attorney in Lakewood Ranch Explains Damages
As a claimant, you must prove damages in your case. In Florida, a medical malpractice victim can recover economic damages such as past and future medical expenses, lost wages, lost benefits, and loss of future earnings capacity. You are also eligible to collect damages for noneconomic losses as well. Noneconomic losses include:
- Physical impairment,
- Pain and suffering,
- Disfigurement,
- Loss of ability to enjoy life, and
- Mental anguish.
Unlike other states, Florida imposes no limits to how much you can recover for noneconomic damages.
Time Is of the Essence in Medical Malpractice Cases
The Florida statute of limitations for medical malpractice cases is two years from the date you discovered your injury. That means you must file a lawsuit within two years of discovering you were injured. Missing that deadline means you lose your right to file a lawsuit in court.
Two years leave precious little time to complete a thorough investigation, retain expert witnesses, develop expert opinions, and identify all the parties who might be responsible for your losses. Contacting an experienced Lakewood Ranch medical malpractice attorney as soon as you suspect you are a victim of medical malpractice is the only way to protect your rights.
Local Resources for Lakewood Ranch Medical Malpractice Claims
While a Lakewood Ranch medical malpractice attorney manages the complexities of your case, we also guide you toward the resources that may help support your recovery medically, emotionally, and legally.
For example, many cases involve treatment records from nearby facilities such as Lakewood Ranch Medical Center or Manatee Memorial Hospital. These records may include surgical notes, diagnostic scan results, or discharge summaries that help establish proof of injury due to provider negligence.
If your claim proceeds to court, relevant legal filings or civil procedures may occur through the Manatee County Clerk of the Circuit Court. This office maintains court records involving malpractice suits filed in the local jurisdiction.
A medical malpractice attorney can also assist clients in reviewing a healthcare provider’s background when necessary. The Florida Board of Medicine lists physician licenses, disciplinary actions, and formal complaints—information that may support your case or clarify the provider’s history of care.
Medical malpractice lawyer James Horne helps each client understand how local records, licensing boards, and court filings may support their legal claim. We review every detail and prepare each case in full compliance with Florida’s procedural rules and evidentiary standards.
Answers to Common Questions About Medical Malpractice in Lakewood Ranch
Below are answers to the most common questions our Lakewood Ranch med mal lawyers address during initial consultations.
Do I Need All My Medical Records Before Calling Your Office?
No. While records are essential to proving medical malpractice, we can begin assessing your situation without them. Once you become a client, our firm will request the relevant records directly from the providers and facilities involved.
Can I Sue Even If I Signed a Consent Form Before Treatment?
Yes. A signed consent form acknowledges that you agreed to treatment and were informed of specific risks. It does not excuse negligence. You can still bring a claim if the provider failed to meet the standard of care, even after signing a waiver or informed consent document.
Can I Sue a Nurse, Technician, or Urgent Care Provider Besides the Doctor?
Possibly. Medical malpractice laws in Florida apply to any licensed healthcare provider whose actions fall below the accepted standard of care. That includes nurses, physician assistants, technicians, and urgent care clinicians. We evaluate the entire care team as part of every case.
Committed to Achieving the Best Result Possible
The James Horne Law PA team knows what it takes to succeed at the negotiating table and in the courtroom. James Horne is a dedicated, experienced medical malpractice attorney in Lakewood Ranch, FL. His commitment to excellence led to recognition from Martindale-Hubbell as an AV-Preeminent rated attorney and by SuperLawers.
Contact a Lakewood Ranch Medical Malpractice Attorney
Contact us today online or by phone to schedule a free case review.