Medical Malpractice

We are highly selective about the cases we review and accept because of the highly complex nature of this area of law. Before deciding whether to pursue a medical malpractice case, we have potential cases reviewed by medical experts to verify that grounds exist for bringing a claim. Depending upon the specific type of medical malpractice case, we sometimes co-counsel these cases. By screening each malpractice case, we are able to provide individualized service.

What is medical malpractice?

In Florida, medical malpractice occurs when a health care professional breaches the accepted standard of care, resulting in injury to the patient. Medical malpractice cases are some of the most complicated legal and expensive cases to pursue. To recover damages in a medical malpractice case, the plaintiff holds the burden of proof. This means that the plaintiff must demonstrate that the health care professional deviated from the prevailing medical standard of care, and that this deviation directly caused the patient to suffer injury or harm.

Examples of Medical Malpractice

Examples of medical malpractice include a health care professional:
  • Failing to diagnose a condition in a timely manner;
  • Failing to refer a case to a medical specialist when appropriate;
  • Failing to order necessary medical tests;
  • Prescribing improper medication or unsafe doses of a medication;
  • Performing unnecessary surgery;
  • Dental malpractice;
  • Emergency room neglect; and
  • Improperly administering anesthesia.

How Much is My Case Worth?

Any reputable medical malpractice attorney will not put a dollar figure on your injury or loss until after extensively reviewing the specifics of your case. Even then, there are no guarantees. In general, however, victims of medical malpractice may receive damages for:
  • Past and future medical care;
  • Costs of rehabilitation;
  • Lost earnings; and
  • Compensation for pain and suffering.

Limits on Filing a Medical Malpractice Lawsuit

Generally, a two-year statute of limitations is in effect in Florida. This statute of limitations starts running at the time when the patient or patient’s family knows (or should have known) about an injury that was the result of medical malpractice. This is why it is vital to contact an experienced medical malpractice attorney as soon as you even suspect mistakes or negligence occurred. If your child or spouse suffers injury due to a medical professional’s negligence, you may be eligible to recover damages. However, in Florida, a parent can only sue on behalf of a child who is 25 years old or younger. Cases involving injured minors may require special court approval to move forward, and our attorneys can help your child’s case progress as effectively and efficiently as possible.

Why You Need an Experienced Medical Malpractice Attorney

Hospitals are armed with an extensive team of lawyers who are highly skilled at defending medical malpractice claims. Technical rules limit when, where, how and behalf of whom you can file a lawsuit. That is why, if you believe that you or someone close to you has been a victim of negligence committed by a medical professional, you need to have experienced attorneys on your side. Seidensticker and San Filippo have years of experience with medical malpractice cases. Their goal is to obtain the best settlement or judgment possible, ensuring that you receive the compensation that you deserve -- and that negligent medical professionals are held accountable for their mistakes. Contact Seidensticker and San Filippo today for a consultation about your medical malpractice claim.