What We Do > Medical Malpractice
If a physician falls below the standard of care of doctors practicing medicine then they may be held legally accountable and responsible for injuries such negligence may cause.
Doctors in the state of Florida are required to purchase medical malpractice insurance or at least show proof of the ability to borrow or pay at least $250,000.00 in losses. Almost all hospitals in the state of Florida require that doctors obtain at least 1 million dollars in malpractice insurance in order to treat patients at their hospitals. The law also provides that if the hospital fails to insure a doctor practicing medicine at its hospital, the hospital may be responsible to pay for the injured victim in the event the doctor is sued.
If you ever are selected to serve on a jury in a medical negligence case, the law in Florida does not allow jury members to be told the healthcare provider has insurance. However, rest assured that in almost ALL cases the doctor has insurance often in excess of 1 million dollars. The hospital always has insurance and they almost always have coverage in excess of 10 million dollars with various insurance companies providing different layers of coverage.
When complications, injury, or death result from a doctor's improper care or treatment the law defines this as medical malpractice. Many things may give rise to a claim for medical malpractice: for instance, failing to correctly or timely diagnose an illness or a condition such as missing a heart attack, delayed cancer diagnosis, or failing to perform a timely C-section.
There can also be surgical errors, which usually happen when the wrong organ, limb, or other area of the body is involved. Many surgical errors also occur with surgery on the wrong patient, doing the wrong procedure on the right patient, or negligently leaving medical tools or supplies in the patient after surgery. Emergency room negligence and plastic surgery mistakes can also be medical malpractice. Birth injuries are also a basis for medical malpractice claims in the State of Florida.
Medical negligence can also involve unnecessary procedures. These surgeries can include unneeded Cesarean sections, tonsillectomies, appendectomies, and hysterectomies.
What remedies are there for victims of medical malpractice?
Legal action may be taken by victims of medical malpractice and their families, but an experienced medical malpractice attorney will be needed to evaluate your case.
Our attorneys at Diez-Arguelles & Tejedor are experienced in reviewing lab tests and important medical records along with experienced and credentialed medical professionals who serve as our consulting experts. Together, we determine the bases for a law suit as well as the likely defenses that will be asserted by the medical professionals.
With our experienced team and lawyers, victims of medical mistakes and their families can sue those responsible and obtain monetary damages. In the event of an untimely death, the victim's loved ones may be able to obtain wrongful death damages, as well. If you or a loved one is the victim of medical malpractice there is a legal deadline for filing these lawsuits, so call NOW toll free 1-888-888-3773. The consultation and call are FREE.