LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 30, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
✓ Fact Checked
✓ Editor
When you seek help from a medical professional, whether it be for emergency situations, routine care, or a planned treatment, you put your trust and faith in the doctors, nurses, hospitals, and other providers, tasked with caring for you. While you expect medical providers to consistently do what is right and best for you, unfortunately, errors and negligence occur, with often drastic consequences. Medical malpractice can lead to serious injuries and losses for victims and their family members. When medical care leads to unexpected or horrific outcomes, it may be the result of medical malpractice. It is important to know some of the common types of medical malpractice, so that you may identify a potential claim should you or a loved one be the potential victim of malpractice.
At Hersh Kirtman Injury Law, our Florida personal injury law firm has years of experience helping clients and their families who have suffered due to medical malpractice. Our team of Florida medical malpractice lawyers provides dedicated legal assistance to clients in their time of need. We have a track record of success and will protect, guide, and advocate for you throughout each phase of pursuing a medical malpractice claim in Florida.
What Are Common Forms of Medical Malpractice?
Medical malpractice occurs when a medical professional such as a physician, physician’s assistant, nurse, or medical facility, is negligent, causing harm to a patient in their care. Negligence in a medical malpractice setting under Florida law occurs when a medical professional, as defined under Florida’s Medical Malpractice Act, fails to meet his or her duty to care for and treat patients with the degree of skill, care, and diligence possessed by, or expected of, a reasonably competent physician under the same or similar circumstances.
Some common types of medical malpractice include the following:
- Birth Injuries: Pregnancy and delivery are delicate situations that may, and unfortunately do on occasion, lead to major trauma for the baby and mom. Birth injuries can involve brain injuries, spinal injuries, or other forms of harm. When such injuries are the result of malpractice, it is often that a physician fails to identify and address signs or symptoms of fetal or maternal distress.
- Medication Errors: When a provider prescribes or administers the wrong medication or dosage, patients may suffer serious harm as a result. They should take note of any unusual symptoms or if they feel worse after taking the medication than they did before.
- Failure to Properly Treat: This is a type of malpractice that occurs when a physician diagnoses a patient but fails to recommend a proper treatment plan. This can result in the patient’s condition worsening, or worse.
- Failure to Diagnose or Delayed Diagnosis: This type of medical malpractice occurs when a doctor fails to timely diagnose a condition. This leads to the patient not receiving necessary care, which of course can have devastating impacts.
- Misdiagnosis: If a medical professional incorrectly diagnoses a patient, it may result in the patient not receiving the proper treatment or medication, or not receiving any medical care at all.
- Failure to Properly Treat a Known Complication: There are numerous complications that may result during surgery or other forms of treatment. Physicians and other medical providers are expected to identify those complications and address them. When they do not, unexpected and unnecessary ramifications occur.
If you believe you or a loved one may have been the victim of medical malpractice, it is crucial that you are able to identify and prove that the medical professionals tasked with your care acted negligently, leading to your losses.
Proving Liability in a Medical Malpractice Claim
If you or a loved one has suffered as a result of medical malpractice, it is crucial that you work with an attorney experienced in handling medical malpractice claims in Florida. Florida’s Medical Malpractice Act is unique, requiring that claimants meet certain thresholds and burdens that do not apply in other types of cases. Many attorneys handling plaintiff’s personal injury cases do not handle medical malpractice cases because of these complexities. Be sure to inquire as to whether any firm you are speaking with in fact handles medical malpractice cases.
To prevail in a medical malpractice case, you must establish the four elements of negligence, including, duty, breach, causation, and damages. The elements of duty and breach are subject to certain requirements under Florida’s Medical Malpractice Act. To begin the process of pursuing your medical malpractice claim, contact a trusted lawyer today.
Protect Your Rights After Medical Malpractice
If you or a loved one has suffered due to medical malpractice, it’s essential to take action to protect your rights. At Hersh Kirtman Injury Law, we have the experience and dedication necessary to guide you through the complex process of pursuing a medical malpractice claim. We understand the challenges you’re facing and are here to help you identify the signs of medical negligence and gather the evidence needed to pursue justice.
Our commitment to our clients sets us apart. With a proven track record in medical malpractice cases, we work tirelessly to ensure you feel supported and informed every step of the way. Contact us today at (561) 208-3700 or through our contact form to discuss your case and explore your options.
