Florida Medical Malpractice Lawyers
Medical malpractice is one of the most complex and high-stakes areas of personal injury law. Fogg Law Group specializes in Medical Malpractice cases.
When doctors, surgeons, or hospitals fail to meet the standard of care, patients can suffer life-altering injuries or wrongful death. At Fogg Law Group, we specialize in identifying and litigating medical malpractice claims, ensuring victims receive maximum compensation for their suffering.
If you or a loved one has suffered from surgical errors, birth injuries, emergency room mistakes, anesthesia errors, or other forms of medical negligence, our firm is prepared to fight for justice on your behalf.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, hospital, or healthcare provider fails to follow the
accepted standard of care, resulting in injury or death. Not every medical mistake qualifies as malpractice, but when negligence leads to harm, victims have the right to pursue legal action.
To prove a medical malpractice claim in Florida, a plaintiff must establish:
- A doctor-patient relationship existed.
- The healthcare provider breached the standard of care.
- This breach directly caused injury or death.
- The patient suffered damages.
Our firm aggressively investigates medical malpractice cases, working with top medical experts to identify negligence and build a compelling case.
Major Types of Medical Malpractice
1. Surgical Errors
Surgical mistakes can have catastrophic consequences, leading to severe injuries, organ damage, or wrongful death. Some of the most common surgical errors include:
- Wrong-site surgery – Operating on the wrong body part
- Unnecessary surgery – Performing procedures that were not medically required
- Leaving surgical instruments inside the patient – Sponges, clamps, and tools left behind can lead to severe infections
- Damage to organs, nerves, or arteries – Errors that cause internal bleeding, paralysis, or loss of function
- Post-surgical infections – Failure to follow proper sterilization procedures, leading to life-threatening infections
2. Birth Injuries
When doctors and nurses fail to properly monitor, diagnose, or react during labor and delivery, serious birth injuries can occur, including:
- Cerebral palsy – Caused by oxygen deprivation or head trauma during birth
- Brachial plexus injuries (Erb’s palsy) – Nerve damage from improper use of forceps or vacuum extraction
- Hypoxic-Ischemic Encephalopathy (HIE) – A brain injury due to prolonged oxygen deprivation
- Fractures or skull injuries – From excessive force during delivery
A birth injury can impact a child for a lifetime, leading to significant medical expenses and long-term care needs. Our firm fights to secure compensation for families affected by preventable birth injuries.
3. Emergency Room Errors
Emergency rooms are high-pressure environments, but that does not excuse negligence. Common ER malpractice claims involve:
- Failure to diagnose a serious condition (heart attack, stroke, internal bleeding)
- Administering the wrong treatment or medication
- Misreading X-rays, CT scans, or lab results
- Discharging a patient too soon, leading to worsened conditions
4. Anesthesia Errors
Mistakes during anesthesia administration can cause severe complications, brain damage, or death. Errors include:
- Administering too much or too little anesthesia
- Failure to monitor oxygen levels during surgery
- Allergic reactions due to improper patient screening
5. Misdiagnosis & Delayed Diagnosis
Failing to properly diagnose a serious condition can lead to devastating consequences. Some of the most common misdiagnosed conditions include:
- Cancer – Delayed diagnosis can reduce treatment effectiveness and survival rates
- Heart attacks – Symptoms are sometimes mistaken for indigestion or anxiety
- Strokes – Delayed treatment can lead to paralysis or permanent brain damage
6. Wrongful Death Due to Medical Negligence
Medical malpractice is one of the leading causes of wrongful death in the United States. Families who lose a loved one due to hospital negligence, surgical mistakes, or physician errors may be eligible to file a wrongful death claim.
The Difference Between Private vs. Sovereign-Owned Medical Facilities
Florida has two types of medical facilities:
1. Privately Owned Hospitals & Clinics
- These facilities are operated by private entities and do not have sovereign immunity.
- They can be sued for full damages, including pain and suffering, medical expenses, and lost wages.
2. Sovereign-Owned (Government) Facilities
- This includes public hospitals, VA medical centers, and state-owned medical clinics.
- These facilities are protected by sovereign immunity, meaning lawsuits have strict limitations on damages.
- Under Florida law (Florida Statutes § 768.28), the maximum compensation is $200,000 per person and $300,000 per incident, regardless of actual losses.
If you were injured in a government-run medical facility, legal action is still possible, but additional steps and restrictions apply. Our firm has extensive experience handling sovereign immunity cases and can guide you through the legal process.
Florida Medical Malpractice Statute of Limitations
Florida law imposes strict deadlines for filing a medical malpractice lawsuit:
- General Malpractice Claims: 2 years from the date the injury was discovered (Florida Statutes § 95.11(4)(b)).
- Wrongful Death Claims: 2 years from the date of death.
- Statute of Repose: No claim can be filed more than 4 years after the malpractice occurred, regardless of when the injury was discovered.
- Minors: If the victim is a child, the statute of limitations may be extended until their eighth birthday.
Failing to file within these deadlines could result in losing your right to pursue compensation.
Frequently Asked Questions (FAQs)
1. How do I know if I have a medical malpractice case?
If a doctor, hospital, or medical provider failed to meet the standard of care, and you suffered harm as a result, you may have a valid claim. A lawyer can review medical records and consult experts to determine negligence.
2. Can I sue a government hospital for malpractice?
Yes, but sovereign immunity laws limit the amount of compensation you can receive. Additional legal procedures are also required when filing a claim.
3. What damages can I recover in a medical malpractice lawsuit?
Victims may recover damages for medical bills, lost wages, pain and suffering, future care costs, and, in wrongful death cases, funeral expenses and loss of companionship.
4. How long do malpractice cases take?
The timeline varies based on the complexity of the case, but most malpractice lawsuits take one to three years to resolve.
5. What does it cost to hire a medical malpractice attorney?
Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered due to medical malpractice, our firm is ready to fight for the justice you deserve. Call us at 1-561-616-3000 or contact us online for a free consultation.