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Medical care mistakes are responsible for at least 250,000 patient deaths in the United States each year. While all medical procedures and treatment options carry a potential risk of injury and death, a “never event” is a life-threatening error that is the product of gross human negligence. Unfortunately, all it takes is one fatigued, inexperienced, or negligent doctor to change the course of a patient’s life forever. In fact, a new study published in The BMJ, “Prevalence, severity, and nature of preventable patient harm across medical care settings: systematic review and meta-analysis,” alleges that 5% of all patients – about 1 out of 20 – suffer preventable patient harm in hospital settings, and that 12% of these cases result in permanent disability or death.
There are 4 Types of Medical Never Events:
- Communication errors
- Human errors
- System failures
- Equipment failures
Due to Florida’s statute of limitations, a plaintiff only has 2 years to file a medical malpractice claim and bring their case to court. This countdown starts ticking on the date of the incident or upon the moment an injury should have been discovered. Of course, this policy extends to 4 years if there is fraud connected to the act of malpractice, or if the plaintiff is under 8 years old.
But what actions constitute a never event? According to Florida medical malpractice laws, a plaintiff can hold a medical expert accountable for the following acts of negligence and more:
- Operating on the wrong body part.
- Administering high-risk doses of anesthesia.
- Failing to properly administer a cesarean section.
- Using contaminated or damaged surgical tools on a patient.
- Damaging a patient’s nerves, organs, or tissues.
- Leaving foreign objects or surgical instruments inside a patient.
- Prescribing medications that could be fatal allergens.
A medical malpractice lawsuit can (rightfully) end a doctor or health care provider’s career and damage a facility’s reputation. As such, it’s not unusual for a hospital to cover-up medical errors and a medical malpractice incident to safeguard their public and professional image. You need to contact an experienced medical malpractice attorney before filing a claim and negotiating with the defendant’s legal team and/or insurer. At The Ferraro Law Firm, our skilled and resourceful medical malpractice litigation team can investigate the incident, collect critical evidence, and negotiate on your behalf to secure a favorable settlement offer. If the defendant’s insurer refuses to negotiate, we can help you recover compensation in court.
To obtain a favorable case result in a medical malpractice case, your legal team needs to establish 3 critical factors:
- There was a doctor/patient relationship.
- The at-fault medical professional failed to provide a reasonable standard of care.
- The plaintiff suffered physical harm, financial losses, and/or the loss of a loved one due to the act of negligence.
Let the Lawyers at The Ferraro Law Firm Fight for You
Contact the medical malpractice attorneys at The Ferraro Law Firm if you or a loved one has been harmed or killed by the actions of a negligent medical professional. The definition of a “medical professional” is not limited to a doctor or surgeon; it also encompasses psychologists, nurses, physical therapists, pharmacologists, and other health care professionals. Because we have a comprehensive understanding of the personal, legal, and financial challenges associated with a never event, we’re not afraid to relentlessly litigate against a hospital’s legal team and insurance company to recover the compensation our clients deserve.
Frequently Asked Questions
Frequently Asked Questions
01.
How long do I have to file a Florida medical malpractice claim?
Generally, you must file within two years of discovering the injury. Exceptions exist, so contacting a lawyer promptly is crucial.
02.
Can I sue if a loved one died due to medical negligence?
Yes. Wrongful death claims allow surviving families to recover funeral costs, lost support, and other damages.
03.
Are medical malpractice suits limited to hospitals?
No. Claims can be brought against private clinics, outpatient centers, and other healthcare facilities if negligent conduct caused harm.
04.
What if I have a pre-existing condition?
You may still have a valid claim if medical mistakes worsened or exacerbated your condition through substandard medical care.
05.
How does a contingency fee basis work?
You owe no attorney fees unless we secure financial compensation on your behalf, enabling you to seek legal help without upfront costs.
06.
What is the statute of limitations for medical malpractice in Florida?
In Florida, a medical malpractice claim must be filed within two years of when the injury was discovered or reasonably should have been discovered, with an absolute four-year limit from the date of the alleged malpractice. Exceptions apply for fraud (up to seven years) and cases involving minors under age eight. Consulting with an experienced attorney can help you learn more about the statutes of limitations and how they may affect your claim.
07.
Can Ferraro Law handle my case if I live outside of Florida?
Yes, Ferraro Law represents clients nationwide. Our experience in complex litigation promotes effective advocacy, no matter where you live.
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