Fort Myers Medical Malpractice Lawyers
Victims of medical malpractice are often left with life-altering injuries, leaving them with permanent disabilities and chronic pain. These injuries are almost always preventable. If your doctor has been careless with your health, our nationally recognized Fort Myers medical malpractice attorneys help you hold them accountable.
You have the right to expect a high level of care every time you see your doctor. Unfortunately, health care providers don’t always provide the level of care patients deserve. If you or your loved one has been harmed by medical malpractice, you may be able to recover substantial compensation.
Our Fort Myers medical malpractice lawyers can help you navigate the complex process of pursuing the compensation you deserve. Call us today at (239) 558-0750, and let us take up the fight for you.
Why Choose Farah & Farah for Your Medical Malpractice Case?
To win a medical malpractice case, you must go up against large healthcare organizations and their insurance companies. These large corporations pay expensive lawyers, medical experts, and others to keep you from getting fair compensation for your injuries. You’ll need a law firm with the experience, skill, and resources to wage a fair fight.
Our skilled personal injury lawyers in Fort Myers have been winning outstanding results for medical malpractice victims since 1979. Our experience makes all the difference. Below are just a few examples of our case results:
- $5 million medical malpractice recovery against a hospital for a brain injury sustained in the emergency room
- Confidential medical malpractice settlement over $500,000
- $450,000 for a nursing home patient who developed bedsores
- $275,000 for a nursing home’s failure to monitor a patient and provide adequate heel protection
When you hire Farah & Farah, you will work with an entire team of award-winning attorneys and support staff who will combine their strengths, knowledge, and resources to get you the results you deserve. You’ll notice from the beginning that we put your needs first, taking your calls and meeting on your schedule while taking the initiative to contact you with updates as your case progresses.
Our results are no accident. Contact us now and put our experience to work for you.
Medical Malpractice Damages in Florida
If you have been injured by medical negligence, you may be eligible to receive compensation for the resulting medical expenses and lost wages, both past and future. You can also seek compensation for your pain and suffering.
If a family member has died from medical malpractice, we can help you file a wrongful death claim. You could recover compensation for your grief, the pain and suffering of your loved one, and financial losses related to the death. This includes funeral costs, your loved one’s medical expenses, and the lost income of your loved one.
In cases involving clear and convincing evidence of intentional misconduct or gross negligence by health care providers, we can help you pursue punitive damages. These damages can be significant. The state limits punitive damages to $500,000 or three times the sum of your monetary damages and pain and suffering, whichever is greater.
Florida used to limit pain and suffering damages, but this was ruled unconstitutional by the state Supreme Court.
What Is Medical Malpractice?
Medical malpractice is medical negligence that results in harm. A medical error that does not result in harm falls short of the legal definition of medical malpractice.
Suffering harm from a medical procedure also does not amount to medical malpractice unless you can prove a doctor’s negligence caused it.
We Handle All Types of Medical Malpractice Cases
No matter what type of medical malpractice you have encountered, you can trust the experience of our medical malpractice attorneys in Fort Myers to help you get the compensation you need.
Emergency Room Malpractice
Our ER malpractice attorneys have observed a high prevalence of diagnostic errors, infections, and medication errors in emergency rooms. ER environments are often understaffed, fast-paced, and full of tired doctors. However, none of this is an excuse for medical negligence.
Damages in birth injury cases can help parents pay for the care of a child with lifelong disabilities. They can also include compensation for the parents’ and child’s pain and suffering. In some cases, the mother suffers birth injuries. Whether the mother or the baby is injured, you can count on our birth injury lawyers to be there for you during this difficult time.
Lack of Informed Consent
Patients have a right to be informed of the risks and benefits of any course of treatment before giving consent for a procedure. You also have a right to opt out of a doctor’s recommended treatment.
A doctor who performs a procedure without your knowledge or consent violates those rights. If it results in harm, contact us immediately to start your medical malpractice claim.
Every year in the United States, 7,000 to 9,000 people die from medication errors, which can happen in both outpatient and inpatient settings. Our pharmaceutical error attorneys have represented clients who suffered severe effects from such medication mistakes as the following:
- Incorrect medication dispensed at the pharmacy
- Wrong dosage prescribed or dispensed
- Improper administration of medication
- Insufficient pain management
- Prescribing without considering drug interactions
- Prescribing without considering patient allergies
Diagnostic errors are one of the most common forms of medical malpractice and include an incorrect diagnosis, delayed diagnosis, and failure to diagnose a condition. The most commonly misdiagnosed conditions are cancer, infections, and vascular events such as heart attack and stroke.
These are serious conditions that can lead to devastating consequences without an early diagnosis. Doctors could avoid diagnostic errors by listening to patients, taking symptoms seriously, ordering appropriate tests, and referring patients to specialists when needed.
Unfortunately, serious surgical errors happen more often than people think, and the consequences can include life-threatening infections, traumatic brain injury, paralysis, amputations, and organ damage. We can help with injuries that stem from the following and more:
- Wrong patient
- Wrong surgical site
- Incompetent emergency management
- Surgical instruments left behind
- Injuries to internal organs and nerves
- Ineffective infection control
Anesthesia errors can result in deprivation of oxygen or blood, causing irreversible damage to the brain, internal organs, and limbs.
Anesthesia errors are especially dangerous because patients are often unconscious when they occur. An anesthesiologist must perform at a high level throughout the surgery and quickly detect changes in a patient’s condition.
Nursing Home Abuse and Neglect
A nursing home is supposed to offer a safe, hospitable environment for people who need assistance caring for their needs, particularly the elderly. Nursing home abuse and neglect are associated with a higher risk of death and a lower quality of life. Examples of nursing home abuse and neglect include the following:
- Physical, emotional, and sexual abuse
- Financial exploitation
- Inappropriate use of sedative medications
- Excessive use of indwelling catheters
- New or worsened bedsores
- Failure to maintain resident hygiene
- Lack of appropriate infection control
- Failure to inform doctors of changes in condition
Nursing home providers are often large corporations with vast resources. Instead of using their resources to adequately staff their facilities, they use them to fight against compensating neglect and abuse victims. Going against these corporations takes a special kind of law firm.
If you suspect your loved one has been abused in a nursing home, call us immediately at (239) 558-0750.
Neglect in Florida Nursing Homes
Florida nursing homes are notoriously understaffed, and this is a major contributing factor to nursing home abuse and neglect. According to a Tampa Bay Times report, Florida nursing homes were cited 53 times in 2022 for understaffing.
Act Now Before the Statute of Limitations Expires
The Florida medical malpractice statute of limitations provides a limited window of just two years after a medical error to file a lawsuit. If you didn’t notice the error until later, you’ll have two years from the date you discovered or reasonably should have discovered the injury. However, even these cases must be filed within four years after the medical error occurred.
If you don’t file your claim before the statute of limitations expires, you could lose your right to have your day in court forever.
Frequently Asked Questions
Below are answers to questions we frequently receive about medical malpractice.
How Much Is the Average Medical Malpractice Settlement?
As of 2018, the average medical malpractice settlement was $315,886. This average includes a range of settlements from the tens of thousands to millions.
How Much Do Medical Malpractice Lawyers Charge?
At Farah & Farah, we are committed to giving injured individuals a fair chance against large insurance companies regardless of their financial situation. This is why we charge nothing upfront and never charge any fees unless we win your case. Our fee is paid out of your compensation. If you don’t recover anything, we don’t get paid.
How Long Will It Take To Receive Compensation?
It generally takes several months to receive a medical malpractice settlement, but it could go faster or slower depending on the weight of the evidence against the health care provider and the willingness of the insurance company to offer a fair and reasonable settlement. If your case goes to trial, it could take a year or longer.
We understand how important it is to receive your compensation as soon as possible. We’ll do everything we can to keep your case moving forward at a steady pace. Our Fort Myers medical negligence lawyers may also be able to help you access pre-settlement funding while you wait.
Who Do I Sue in a Medical Malpractice Lawsuit?
Any health care provider that caused or contributed to your injury or employed someone who caused or contributed to your injury may be named in your lawsuit.
This includes the following examples:
- Nursing staff
- Nursing homes
What Happens During a Medical Malpractice Claim?
A medical malpractice claim begins with an insurance claim. Ideally, the insurance company would agree to pay you a fair and reasonable sum, you would receive adequate compensation, and the case would close. However, this is not always how it happens. The insurance company may instead offer a lowball amount or refuse to pay at all.
The next step is a lawsuit, which consists of the following:
- Presuit investigation: A required investigation during which a medical expert must verify that you have grounds to file a lawsuit.
- Presuit notice: A notice you must serve to the defendants 90 days before filing a lawsuit.
- Discovery: The process of each side gathering evidence, often including depositions and demands for medical records.
- Pre-trial motions: Requests by either party presented to the court, such as a motion to dismiss, discredit witnesses, or throw out evidence.
- Trial: The examination of all of the evidence in front of a judge or jury, which is generally open to the public.
- Verdict: The decision of a judge or jury at the conclusion of a trial.
We will continue negotiating for a settlement after the lawsuit is filed. The case can settle at any point up until a verdict is reached in a trial. Most of our cases resolve in a settlement before the trial begins, which is generally in our client’s best interests.
Call Our Fort Myers Medical Malpractice Attorneys Today
If you or your loved one has suffered an injury from medical negligence in Southwest Florida, our Fort Myers medical malpractice attorneys can explain your legal options and help you get started. Contact us online or call our office at (239) 558-0750 for your free initial case review.
We’re ready to bring you the