Lakeland Medical Malpractice Lawyer
Injured individuals frequently file medical malpractice cases in the Lakeland area. Each year, thousands of people go to hospitals and other healthcare facilities to seek help for serious medical situations, injuries, and illnesses. In most cases, doctors and medical professionals can help those who come to find healing, but even medical professionals sometimes make mistakes.
If you or one of your loved ones has sustained injuries because someone in the medical field made a serious mistake, you may qualify to pursue compensation for the full cost of your injuries. You should seek help from a medical malpractice lawyer for guidance in pursuing justice for you and your loved ones. Whatever you may have lost because of the medical malpractice that you’ve endured, we can help you seek recovery and just retribution for those who injured you.
Situated between Tampa and Orlando on the I-4, the beautiful city of Lakeland, Florida, consists of 100,000 or more residents. Lakeland boasts 38 beautiful lakes and houses tons of fine dining options, pubs, craft breweries, a historic Munn Park town square, and historical sites. Citizens and guests will find plenty of fun activities to enjoy, from art museums to classic car shows.
Lakeland also serves as a big commercial center in Florida. Lakeland sits as the corporate home of Publix Supermarkets and Saddle Creek Logistics. Lakeland also stands as the site of distribution centers or regional hubs for several large businesses, including Amazon, GEICO Insurance, Advance Auto Parts, and more.
Despite its many attractions, Lakeland remains a place for many citizens who struggle with medical issues. At least 22 percent of Lakeland’s population is 65 years and older, while nearly 10 percent of those under age 65 have a medical disability.
With so many elderly and disabled residents, Lakeland has many medical malpractice accidents. In addition, the high percentage of workers in dangerous industries has often led to serious injuries that require medical attention. Though doctors may do their best, they don’t always get everything right. To ensure that injured patients have access to the legal representation that they need, Frank and Jennifer Fernandez established Fernandez Firm Accident Injury Attorneys in the Lakeland area. We want to help you find protection and justice after serious medical accidents.
Lakeland Medical Malpractice Areas
Lakeland boasts many high-quality hospitals and medical facilities. Lakeland Regional Health serves as one of the area’s most popular hospitals; in fact, U.S. News & World Report rated it as one of the top hospitals in the Lakeland area. In addition to its main campus, Lakeland Regional Health has many facilities around Polk County. This facility treats all kinds of health conditions, from emergencies to surgeries to long-term care.
Watson Clinic Main enjoys a close relationship with Lakeland Regional Health. This clinic has a huge facility that offers emergency, surgery, and long-term treatment options.
St. Joseph’s Children’s Specialty Center and Johns Hopkins All Children’s Outpatient Care in Lakeland provide extensive specialty and involved care for children with health issues, diseases, and disabilities.
Each of these hospitals enjoys an established reputation in Lakeland, with plenty of high ratings and good reviews. However, no hospital has a perfect track record. At the Fernandez Firm Accident Injury Attorneys, Frank and Jennifer Fernandez understand that even the best hospitals can make mistakes. No matter how illustrious a reputation a hospital enjoys, we will still help you seek justice if you sustain injuries due to the inadequate care of a medical professional at any facility in the Lakeland area.
What Are Common Medical Malpractice Cases?
The American Board of Professional Liability Lawyers defines medical malpractice as: “when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”
Medical malpractice may include many different types of accidents. For example, a medical malpractice case might involve:
- Misdiagnosis or a delayed diagnosis. In this instance, a doctor or other professional will ignore or miss important information and fail to make a diagnosis in a proper and timely manner.
- Medication errors. Sometimes, doctors may prescribe improper types or dosages of medication. Patients may suffer from overdoses, allergic reactions, or other medicine-related complications.
- Surgical mistakes. If a doctor performs surgery on a patient, the doctor must take special care to do things right. Sometimes, doctors may make a mistake in where they operate, how they maneuver within a person’s body, how they use anesthesia, and more. Any of these mistakes can cause serious pain, infection, or death for the patient.
- Failure to disclose risks. If a doctor or medical professional starts on a treatment option without gaining official consent from the patient and/or the patient’s guardian, the doctor has failed in his or her duty to properly warn of risks. These medical professionals can face responsibility if serious side effects occur of which the patient had no warning.
- Birth injuries. Childbirth can prove a dangerous process. Sometimes, medical providers make mistakes while delivering babies, causing complications for the mother and/or the child.
- Hospital infections. A long hospital stay may expose you to many infections. Doctors and other medical professionals who work with these types of facilities must maintain a safe and sanitary environment for all patients. If you get an infection from unsanitary equipment or bacteria in your surgical wounds, for example, you could hold the hospital and workers there responsible.
- Bedsores or pressure sores. These injuries often result when a patient has to lie in a bed for too long without switching positions. Doctors and nurses must move patients regularly to help prevent these sores, and failure to do so constitutes malpractice.
- Poor follow-up or aftercare. If a doctor discharges you and forgets to provide you with essential aftercare to ensure your full recovery, the doctor may bear liability if your condition worsens or changes.
These constitute just a few of the most common medical malpractice incidents that could occur while you undergo treatment. Many other instances exist where a doctor or other medical provider could cause you serious harm by mishandling your medical care.
Proving That Medical Malpractice Occurred
No matter how serious of an injury you suffer in a medical malpractice incident, you will still have to find help to prove that the doctor or medical facility bears liability for your injury. This can prove difficult, especially if the medical providers have good insurance and lawyers. To ensure your best chance of success, you should find a strong medical malpractice lawyer to help you with your case.
You must prove all four elements of medical malpractice to have a successful case:
- The doctor owed you a specific standard of care. In medical malpractice cases, this doesn’t usually prove difficult to establish. Medical professionals take on a duty to care for you as soon as you seek their help. They must perform the standard duties that any reasonable, well-trained medical professional would when you seek out their services.
- The doctor violated this standard of care. You have to prove that your doctor or provider did not protect you with the full, reasonable standard of care that one would expect in similar circumstances.
- The doctor’s failure to uphold the standard of care caused your injury. In any situation, you must prove that not only did your provider violate his or her duty to take care of you but also that the violation led to serious pain and injury for you. You must prove that the injury you suffered would not have occurred if the provider had met the standard of care required in the situation.
- The injury resulted in serious and significant damage. You must prove that you suffered serious damage to succeed in a medical malpractice claim. This includes great pain, long-term effects, unreasonable medical costs, and more. You must prove that your injury caused this damage and that financial compensation would help make you whole again.
In Florida, you don’t have to prove that you had no fault for the accident. In most medical malpractice cases, the victim has nothing to do with the injury. However, if for some reason you played a part in it, a court or insurance company may reduce the amount of compensation you can recover by the percentage of fault that you blame.
At Fernandez Firm Accident Injury Attorneys, we will help you pursue the highest amount of compensation that you can recover. We know that you didn’t want this injury to happen, but because it did, we want to help you get started on the road to recovery as fast as possible.
The Standard Procedure in a Medical Malpractice Case
Florida law lays out specific procedures that all plaintiffs must follow in pursuit of a medical malpractice case.
- The plaintiff (often through a medical malpractice attorney) will notify all defendants of the claims made against them. Plaintiffs must send this initial complaint by certified mail, and it must contain a list of all medical providers who saw the patient during treatment.
- The plaintiff must present the complaint to the Department of Health and, if applicable, to the Agency for Health Care Administration. These agencies will review the complaints and determine if they warrant disciplinary action against the defendants.
- For 90 days, the defendants will have time to investigate the claim and determine what happened and if the defendants bear liability for the injury. The defendant’s insurer will likely take control of this investigation and may require the plaintiff to undergo a medical examination to determine the full extent of the injuries.
- After 90 days, the defendant will have to make a response, either offering a settlement, rejecting the entire claim, or seeking arbitration.
- If the parties cannot settle, the plaintiff can file a lawsuit against the responsible party.
- Following the suit, both parties will engage in discovery. In this process, the lawyers will gather written and verbal statements, medical examinations, pertinent records, and other important evidence to build a strong case.
- Finally, the case will go to court, and a judge and jury will decide the verdict.
Pursuing a medical malpractice case can take a long time. Most cases take several months even to get started, and litigation can last for several more months and even up to a few years.
Lakeland Medical Malpractice Claims and Results
Lakeland courts handle many medical malpractice cases. Frank and Jennifer Fernandez have successfully fought many such cases throughout their legal careers.
At Fernandez Firm Accident Injury Attorneys, our case results speak for themselves. In one of the biggest medical malpractice cases we have encountered, we helped our client recover $36,700,000 after a doctor’s careless actions seriously injured a child’s brain. After a woman suffered permanent nerve damage due to a surgery gone wrong, we helped her recover $1,800,000 in compensation above her insurance coverage.
Both Frank and Jennifer Fernandez have pursued many similar cases throughout the years. Some medical malpractice incidents resulted in wrongful deaths, and some stemmed from nursing home abuse, a serious misuse of medical authority. In each case, Jennifer and Frank Fernandez fought for the victims until achieving justice.
If medical malpractice in Lakeland, Florida, injured you or a loved one, don’t hesitate to seek our help. We know that fighting to recover from serious injuries can prove stressful and expensive. If someone else’s negligence caused the injury, you should pursue compensation to help you pay for the time and money you have lost.
At the Fernandez Firm, Frank and Jennifer Fernandez will take on the fight for you. We will take over all negotiations and the process of gathering evidence, so you can focus on what matters most: recovering from your injuries as much as possible. We stand ready to help you get back on your feet as soon as possible, and we won’t take payment unless and until you win your case! Don’t hesitate to reach out to us for a free consultation at (863) 230-8361 so you can get back to living the life you love.
Contact our Lakeland Medical Malpractice Attorneys
At the Fernandez Firm Accident Injury Attorneys, we have been helping victim’s for years.
There are no fees or costs to you unless we make a recovery for you. We Don’t Get Paid Unless We Win…and We Want to Win!