Medical Malpractice Attorneys in Key Largo

Key Largo Medical Malpractice Lawyers

At Rossman, Baumberger, Reboso & Spier, P.A., we are committed to upholding the rights of patients who have been victims of medical malpractice in Key Largo. Our highly experienced team understands the complex nature of these cases and is prepared to fight for you.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to provide standard care resulting in patient harm or death. This can include misdiagnosis, surgical errors, medication mistakes, or neglect among others. If you believe that you or a loved one has been a victim of such negligence, it's crucial that you seek legal help immediately.

What Is Considered Medical Malpractice in Florida?

Medical malpractice in Florida encompasses a range of situations where a healthcare provider's actions fall below the accepted standard of care, resulting in patient injuries. Examples include:

• Misdiagnosis or Delayed Diagnosis: Failure to accurately diagnose a condition or delays in diagnosis that harm the patient.

• Surgical Errors: Mistakes during surgery, such as wrong-site surgery, anesthesia errors, or leaving surgical instruments inside the patient.

• Medication Errors: Administering incorrect medications or dosages, leading to adverse reactions or worsening conditions.

• Birth Injuries: Negligence during childbirth resulting in harm to the mother or the baby, including cerebral palsy or Erb's palsy.

• Failure to Obtain Informed Consent: Performing a procedure without obtaining the patient's informed consent.

• Negligent Postoperative Care: Inadequate monitoring or care following surgery, leading to complications.

Common Injuries Resulting from Medical Malpractice

Victims of medical malpractice may suffer severe and life-altering injuries, such as:

• Permanent Disabilities: Including paralysis, loss of limb function, or cognitive impairment.

• Chronic Pain: Persistent pain or discomfort due to medical negligence.

• Emotional Trauma: Anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the malpractice incident.

• Worsening Health Conditions: Medical malpractice can exacerbate existing health issues, leading to further complications.

Who Can Be Held Liable for Medical Malpractice?

Various parties may be held liable for medical malpractice, depending on the circumstances:

• Individual Practitioners: Doctors, surgeons, nurses, and other healthcare professionals who directly contribute to the negligence.

• Hospitals and Healthcare Facilities: Entities can be held responsible for the actions of their employees or for inadequate policies and procedures.

• Pharmaceutical Companies: In cases of medication errors or defective drugs.

• Government Entities: In instances involving government-employed healthcare professionals.

Determining who is responsible for a patient's injury can be challenging, but our legal team has the skills, expertise, and resources to investigate each case thoroughly.

How a Medical Malpractice Attorney Can Help

Rossman, Baumberger, Reboso & Spier P.A. boasts an impressive track record in securing compensation for victims of medical malpractice. Our attorneys have decades of experience in this field and are dedicated to ensuring justice is served for all our clients.

You can count on us to provide you with the personalized attention that you deserve. We will thoroughly investigate your claim, gather evidence, negotiate with insurance companies on your behalf, and if necessary take your case to trial. Our goal is to secure maximum compensation for you so that you can focus on healing and rebuilding your life.

Fighting For Your Rights

We understand how devastating it can be when the trust placed in healthcare professionals gets violated due to negligence. We are here not only as your lawyers but also as compassionate allies who will stand by your side throughout the process. We fight relentlessly against insurance companies and healthcare providers who fail in their duty to patients' safety and well-being.

For a free consultation with our Key Largo medical malpractice attorneys, fill out our contact form or call (305) 900-5493.

Common Types of Medical Malpractice Cases  

Some of the most common types of medical malpractice cases arise because of the following examples of medical negligence:  

• Misdiagnosis. Misdiagnosis occurs when a healthcare provider fails to diagnose a medical condition or provides an incorrect diagnosis, leading to delayed or improper treatment. Misdiagnosis is a common type of medical malpractice claim, and it can have severe consequences, including death.
• Surgical errors. Surgical errors can occur during any surgical procedure, and they are often the result of negligence or mistakes made by the surgical team. These errors can include wrong-site surgery, leaving surgical tools inside the patient's body, robotic surgery negligence, and anesthesia errors.
• Medication errors. Medication errors can occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider potential drug interactions. Medication errors can have severe consequences, including allergic reactions, organ damage, and even death.
• Birth injuries. Birth injuries can occur during labor and delivery, and they can result from a healthcare provider's negligence or mistakes. Birth injuries can include cerebral palsy, Erb's palsy, brain damage, and other injuries that can lead to long-term disabilities.
• Negligent patient supervision. Negligent patient supervision in medical malpractice cases is when healthcare providers fail to monitor their patients and detect warning signs of potential medical complications. Standard operating procedures for patient monitoring include regular check-ups, vital sign measurement, and the use of medical devices to detect any potential health problems. Medical staff are responsible for monitoring patients and reporting any changes to the patient's condition to the appropriate healthcare provider. Failure to fulfill these responsibilities can result in serious medical complications, such as infections, sepsis, or even death.
• Failure to diagnose. Failure to diagnose occurs when a medical professional fails to identify an existing medical problem, leading to harm to the patient. This can happen when a doctor overlooks symptoms or fails to order the appropriate tests.

How to Prove a Medical Malpractice Case

In Florida, medical malpractice claims can be filed against doctors, dentists, nurses, and other healthcare professionals. To establish liability in a medical malpractice lawsuit in Florida, the plaintiff must prove four elements: duty, breach, causation, and damages:

• The healthcare provider owes a duty to the patient to provide proper care and treatment.  
• Breach of duty occurs when the healthcare provider fails to meet the standard of care expected of them.  
• Causation refers to the link between the healthcare provider's breach of duty and the patient's injury.  
• Damages refer to the harm suffered by the patient due to the breach.

To prove a medical malpractice claim, the plaintiff must present evidence such as medical records, documentation, expert testimony, and witness statements. Medical records and documentation can include:  

• reports of tests,  
• procedures,  
• treatments that were conducted, and  
• any medications prescribed.  

Expert testimony is often required to establish the standard of care expected of a healthcare provider and whether the defendant breached that duty. Witness statements can also provide additional evidence regarding the quality of care provided.

The causation element plays a crucial role in a medical malpractice case as it establishes the link between the healthcare provider's breach of duty and the patient's injury. The plaintiff must show that the defendant's actions directly caused their injury.  

It is also important that the plaintiff's fault or negligence may affect their compensation. Florida follows the comparative fault system, which means that the plaintiff's compensation will be reduced by their percentage of fault for the injury. For example, if the plaintiff is found to be 10% at fault for their injury, their compensation will be reduced by 10%.