Medical Malpractice

Miami Medical Malpractice Lawyer Jeffrey R. Davis represents victims who have been permanently injured or families of loved one who have suffered a wrongful death as a result of medical malpractice. Jeffrey R. Davis, P.A. past clients in medical malpractice cases have been residents of Miami-Dade, Broward, Collier, Orange, West Palm Beach, and throughout Florida. In addition, Jeffrey Davis has litigated medical malpractice cases against hospitals, doctors, nurses, surgical centers, and other medical facilities.

A medical malpractice claim is one based in tort or contract for damages for injury, monetary loss, or death of a person caused by any medical, dental, or surgical diagnosis, treatment or care by any health care provider which fell below the standard of care.

The law firm of Jeffrey R. Davis P.A. handles medical malpractice litigation throughout the state of Florida. Our lawyers have 25 years of experience representing clients injured by negligent medical care. Medical Malpractice cases are complex and difficult to manage. The law firm of Jeffrey R. Davis has the knowledge, experience, and resources to successfully manage your medical malpractice case and obtain the just compensation you deserve.

Our firm has experience in cases involving:

  • Emergency Room Negligence
  • Failure to Diagnose
  • Delayed Diagnosis
  • Failure to Properly Treat
  • Failure to Monitor
  • Radiology Mistakes
  • Surgical Mistakes
  • Anesthesia Errors
  • Nursing Errors
  • Wrong Medication
  • Improper Medication Dosage
  • Incorrect Procedure
  • Prenatal or Birth Injury
  • Disfigurement
  • Improper Infection Management

What duties do health care providers owe you?

As a patient, when you turn to hospitals, clinics, nursing homes, or private doctor offices, you are trusting in the skills and expertise of medical professionals to provide proper diagnosis and treatment for your ailments.  You also expect that your doctors and the medical assistants caring for you will meet the prevailing professional standard of care.

Under Florida law, the prevailing standard of care for a general health care provider is the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. FLA. STAT. § 766.102.

Specifically, for a physician, the prevailing medical standard of care is the duty to use the ordinary skills, means and methods that are recognized as necessary and which are customarily followed by those who are qualified by training and experience to perform similar services in the community or in a similar community. Sweet v. Sheehan, 932 So. 2d 365, (Fla. 2d DCA 2006).  However, it is possible for a medical professional to be held to an even higher standard if she agreed in a contract to provide a specific level of care.

Standards for Different Schools of Practice

There are also professional standards for different schools of practice:

  1. specialists (doctors that specialize in specific areas due to additional training and being examined by a specialty board)
  2. licensed practitioners (who are not medical doctors at all and whose licenses may prohibit them from administering drugs, treating certain conditions, or performing surgery).

Some examples of specialists are neurologists, obstetricians, orthodontists, and orthopedic surgeons.  Examples of licensed practitioners are nurses, chiropractors, podiatrists, psychologists and other practitioners that cannot prescribe medication. A common basis for licensed practitioner malpractice is failure to recognize conditions and failure to refer patients to medical doctors and specialists.

You will need an experienced medical malpractice attorney such as Jeffrey Davis to determine the appropriate prevailing professional standard of care in your case.  However, as a general rule most specialists and other practitioners tend to fall under the same general legal principle.  Each is typically held to the standard he has implicitly professed as his own.  Thus, one who holds himself out as a medical doctor will be held to the medical standard (by medical malpractice claims).  Conversely, if that same professional held himself out as a podiatrist or a chiropractor, he will be held to the standards followed in those practices (by chiropractic or podiatric malpractice claims), not the medical standard.

Despite patient trust and general efforts to meet patient needs, mistakes and deviations from the standard of care still occur. Medical malpractice may be caused by ignorance, carelessness, miscommunication, lack of professional skill, disregard of established rules, or even a malicious or criminal intent.

Medical Malpractice FAQs

What is a “Health Care Provider”?

A hospital, ambulatory surgical center, mobile surgical facility, birth center, clinical lab, health maintenance organization (HMO), blood bank, plasma center, industrial clinic, renal dialysis facility, and or a group of medical professionals working together as in a partnership, corporation, joint venture, or other association for professional activity of health care providers.

Some medical workers are not “health care providers” within the meaning of the Florida Medical Malpractice Act, but are considered merely “in the business of providing medical care or services.”  An example of such a person would be an ultrasound technician. An ultrasound technician can be sued for professional negligence, but not for medical malpractice.  Shaffer v. Icely, (Fla. 2d DCA 2009) WL 2602288 (2009).

How long do I have to file a medical malpractice claim?

  • Within 2 years from the time the incident giving rise to the claim happened or
  • Within 2 years from the time the incident is discovered, or
  • Within 2 years from when it should have been discovered with the exercise of due diligence.

These rules are never to exceed 4 years; but if fraud, concealment, or intentional misrepresentation prevented discovery the 4 years may go up to 7 years. It’s important to consult an attorney to avoid risking your legal rights.

Contact Jeffrey R. Davis P.A. to learn about your legal rights.  Submit a free case review or call (305) 577-3777 to speak with an attorney. Our attorneys will speak with you in English or Spanish/Sé Habla Español.

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