Medical Malpractice Attorney in Sarasota, FL
When you visit doctors, nurses, and other medical professionals, you place your life and health in their hands. You deserve care provided with respect, professionalism, and competence. When this trust is broken, and that breach leaves you injured, it may cause emotions ranging from anger to betrayal to fear. You may wonder what options you have as you try to heal. If you, or a loved one, has suffered medical malpractice at the hands of a professional, contact a medical malpractice lawyer near Sarasota today to discuss your options.
What Is Medical Malpractice?
Medical malpractice is when a doctor, nurse, dentist, psychiatrist, or other medical professional fails to provide the level of care required by similar medical professionals. When one of these professionals fails to provide the standard level of care required by their position and this failure results in injury or death, Florida permits the victim to pursue a medical malpractice claim for compensatory relief. Medical malpractice doesn’t just occur in hospitals but also in doctors’ offices, care facilities, and even pharmacies.
Understanding whether you have a valid medical malpractice claim requires a careful analysis by your med-mal attorney in Sarasota. It’s important to remember that just because a surgery or procedure failed to produce the desired result, that does not mean medical malpractice occurred.
What Are Common Examples of Medical Malpractice?
Various types of medical malpractice can cause injury or death to innocent victims. The most common reasons for bringing a medical malpractice claim include:
- Failure to diagnose. A failure to accurately diagnose a patient’s condition that results in a more severe condition or even death can be malpractice.
- Misread laboratory results. When a medical professional fails to properly read medical test results or fails to inform patients about test results, they may have committed malpractice.
- Surgical errors. A range of situations may qualify as surgical errors, including surgery on the wrong body part or organ or improperly administered anesthesia.
- Unnecessary procedures. A doctor requiring patients to undergo unnecessary medical procedures may create grounds for a medical malpractice claim.
- Medication errors. When a medical professional prescribes the wrong medication for your injury or illness, the incorrect amount of medication, or medication causing an adverse reaction with your other prescribed medications that can give rise to a medical malpractice claim.
- Insufficient care. Medical professionals who fail to provide the necessary standard of care, which then worsens your condition, may have committed malpractice.
- Healthcare-acquired infection. Infections may spread rapidly in patients, and if they go undiagnosed, may lead to death. Common types of healthcare-acquired infections include bloodstream infections, ventilator-associated pneumonia, and severe urinary tract infections.
- Childbirth injuries. Physicians must monitor and respond to changing conditions for the mother, fetus, and newborn to avoid injury during labor, delivery, and recovery. A childbirth injury can cause several conditions, including cerebral palsy, seizure disorders, brain damage, or paralysis.
Contact a medical malpractice lawyer near Sarasota to explore your options if you believe you suffered an injury due to a medical professional’s negligence.
Is There a Statute of Limitations for Medical Malpractice Claims in Florida?
The statute of limitations establishes how much time you have to file your lawsuit. Failing to file your claim within this period prevents you from pursuing your claim at a later date. In Florida, the statute of limitations for medical malpractice claims is two years from the discovery of the injury or two years from the time the injury should have been discovered.
Injured victims may have many questions about which start date applies to them. Did you discover your injury immediately, or did your injury become apparent at a later date? Understanding how the statute of limitations applies to your claim requires the legal experience of a Sarasota medical malpractice lawyer.
What Is the Statute of Repose?
Florida enforces a strict deadline for legal action called the statute of repose. This rule provides that no claim may be filed against a healthcare provider more than four years after an incident occurred. There are exceptions to this rule if fraud, concealment, or misrepresentation occurred. When those factors are present, the court may extend the filing period for a medical malpractice claim up to seven years.
Florida also provides a particular statute of repose for children. The statute of repose does not cut off a child’s malpractice claim until a child has turned eight years old.
Without a Sarasota med-mal lawyer, understanding how the statute of repose affects your claim is challenging and may harm your chance of receiving compensation.
What Is the Standard of Care?
Florida’s medical malpractice statutes govern actions qualifying as medical malpractice. To have a successful claim, you must prove the medical professional failed to uphold the required standard of care in your medical treatment. The standard of care is the level of skill, care, and treatment recognized as reasonable, appropriate, and accepted by other similar healthcare professionals. A medical malpractice claim requires proof of the following elements:
- A medical professional owed you a duty of care,
- The medical professional breached this duty of care,
- That breach caused your injury, and
- You suffered harm and damages because of that injury.
Even if a medical professional injures you, you must also show the doctor’s conduct failed to meet the required standard of care. A med-mal attorney in Sarasota usually hires a medical expert to testify about the appropriate standard of care.
What Can I Recover From a Medical Malpractice Claim?
Florida permits injured victims in medical malpractice cases to recover economic and noneconomic. Economic damages include the following:
- Past, present, and future medical expenses,
- Lost wages,
- Future loss of earnings,
- The costs of transportation to and from medical visits,
- The cost of rehabilitation in the form of physical therapy,
- Any medical devices you may need to function and live, and
- The cost of prescription meds
Bills, pay stubs, invoices, and other tangible evidence will help your attorney calculate and prove your economic damages.
Noneconomic damages include the following:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of companionship, and
- Disfigurement.
Due to their subjective nature, noneconomic damages are difficult to quantify and prove. Without a lawyer to assist, it may be difficult to recover all the compensation you deserve.
What Influences My Compensation Amount?
The compensation you receive is based on the strength of your case. As your legal team, we pull together evidence to show liability and causation, the severity and permanence of the injury, the amount of medical expenses and lost earnings, and future care needs. We hire medical experts who can testify about your situation. Your Sarasota medical malpractice lawyer will use their legal knowledge to devise strategies to leverage the law in your favor.
Wrongful Death and Catastrophic Injury Claims
When malpractice causes a fatality or a life-changing injury (such as severe brain injury, paralysis, or birth trauma), the case often involves additional damages and different procedures. We help families pursue claims for the decedent’s medical bills and pain before death, as well as survivors’ losses such as support and companionship. In catastrophic injury cases, we may retain life-care planners and economists to project future medical and attendant-care needs, home modifications, and lost earning capacity.
Who Can Be Liable in a Florida Med-Mal Claim?
It isn’t only the treating physician who may bear responsibility. Depending on the facts, potential defendants can include:
- Nurses and advanced practice providers,
- Radiology and lab technicians,
- Anesthesiologists,
- Pharmacists,
- Urgent-care centers,
- Hospitals and surgical centers,
- Home-health agencies, and
- Rehabilitation facilities.
At James Horne Law, we dig deep into your case to identify all responsible parties and work to hold them accountable.
Evidence We Collect for Your Case
Strong cases are built on meticulous investigation. At James Horne Law, we often:
- Order the complete medical chart (not just a patient portal download) from every relevant provider and facility;
- Gather imaging and pathology slides when appropriate;
- Collect medication lists;
- Obtain photos of any injuries;
- Request a copy of any discharge instructions;
- Interviews witnesses and, if needed, obtains facility policies, staffing schedules, and pharmacy logs; and
- Retain qualified medical experts in the same or similar specialty to evaluate whether the standard of care was breached and whether that breach caused the injury.
This work isn’t easy, but it’s worth it. The evidence we gather can make all the difference in how much compensation our clients are able to receive.
Sarasota Medical Malpractice FAQs
Do I Have a Case If I Signed a Consent Form?
Possibly. Informed consent generally addresses known risks of a procedure; it does not excuse negligent acts. If the provider deviated from the standard of care, you may still have a claim even if you signed a consent form.
What’s the Difference Between a Bad Outcome and Malpractice?
Medicine involves risk, and not every complication equals negligence. Malpractice occurs when a provider fails to meet the accepted standard of care and that failure causes harm. Independent experts help identify where the line between a bad outcome and malpractice lies.
How Long Do These Cases Take?
Because Florida requires a pre-suit investigation and expert support, cases can take months to investigate and, if litigated, 12–24+ months to resolve. Complex injuries or multiple defendants can extend the timeline. Early consultation helps avoid deadline problems.
Will Filing a Claim Affect My Ongoing Medical Care?
You’re entitled to appropriate care while you pursue justice. Many clients continue treatment with different providers. If you’re worried about transitions, your attorney can help you plan continuity of care and obtain your records.
What If the Hospital Says the Doctor Is an “Independent Contractor”?
Hospitals often raise this to deny responsibility. Depending on how care was provided and represented to you, the facility may still face liability. It’s fact-specific and worth reviewing.
How Much Does It Cost to Hire a Medical Malpractice Attorney?
At James Horne Law, we handle these cases on a contingency fee, meaning you pay no attorney’s fee unless you win compensation.
What If a Loved One Died Because of Malpractice?
A wrongful death claim may be available. These cases involve specific rules about which family members can recover and for what types of losses. Speak with a Sarasota medical malpractice lawyer promptly so evidence and deadlines are preserved.
Can I Sue a Clinic, Urgent-Care Center, or Pharmacy—Not Just a Hospital?
Yes. Malpractice can happen in many settings, including outpatient clinics, imaging centers, and pharmacies. The key questions are whether the provider breached the standard of care and whether that breach caused your injury.
What Should I Do Right Now If I Suspect Malpractice?
Get needed medical care, keep a simple timeline of events, avoid posting about your case on social media, and consult a medical malpractice attorney to evaluate deadlines and next steps.
Contact a Sarasota Medical Malpractice Lawyer
James Horne Law PA’s primary value is our clients’ commitment to personal injury claims. We take the time to understand the full extent and severity of your injury. Medical malpractice injuries are always challenging and emotionally distressing. When you trust your medical care and safety to a medical professional, you expect them to carry out their duties to the highest standard. When they fail to do so, you may be left not only with physical injuries but emotional injuries as well. Let our medical malpractice lawyers in Sarasota fight to achieve the best possible result for your case so you can focus on your recovery.
James has successfully represented clients in several seven- and six-figure verdicts. He negotiates diligently for the best possible settlement for you. If the defendants won’t agree to a fair settlement, we’ll take it all the way to the courtroom and into appeals. We are here to work hard for you, keeping you informed and empowered throughout the process.
Contact James Horne Law today by phone or online to schedule a free consultation.