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Medical Malpractice FAQs

What is medical malpractice?

What are the most common types of medical malpractice cases?

When should I suspect that malpractice has occurred?

What should I do if I think I have a medical malpractice claim?

What kind of lawyer should I hire for my medical malpractice action?

What damages can I recover in a medical malpractice case?

Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part of an experimental program?

What if signed a consent form saying the treatment was OK? Can I recover any damages in a malpractice action against my doctor?

How much money will I receive if I win my medical malpractice case?

How soon should I contact an attorney?

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider -- such as a doctor, nurse, dentist, technician, hospital or hospital worker -- whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients. The pain and anguish resulting from medical malpractice problems that a family or loved has to suffer is tragic and takes years to recover from. Unfortunately, the family must struggle with the financial consequences of medical malpractice as well.

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What are the most common types of medical malpractice cases?

Common medical malpractice cases arise from a wide range of errors, varying from minor to major mistakes, such as:

• Failure to diagnose
• Error in treatment
• Prescription errors
• Misdiagnosis
• Breach of contact or warranty
• Failure to obtain consent for treatment
• Surgical error
• X-ray and testing errors

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When should I suspect that malpractice has occurred?

Sometimes, the presence of medical malpractice is obvious. However, the mere fact that the result of a surgery or treatment is not what the doctor predicted or expected does not necessarily means that medical malpractice has occurred. Rather, any time a person learns that a doctor, hospital, nurse, chiropractor, or other medical provider did not follow accepted medical procedure, they should be concerned that medical malpractice has occurred. Quite often, the presence of a medical practice case can only be learned through consultation with an attorney experienced in handling medical malpractice matters. Contact an experienced medical malpractice lawyer at Chalik & Chalik Law Offices

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What should I do if I think I have a medical malpractice claim?

You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence.

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What kind of lawyer should I hire for my medical malpractice action?

When confronted with medical malpractice problems, you should always hire experienced Florida malpractice attorneys who know the relevant law. Florida malpractice attorneys at Chalik & Chalik have extensive experience in such cases. Call or email the Florida medical malpractice attorneys at Chalik & Chalik for your complimentary legal consultation.

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What damages can I recover in a medical malpractice case?
Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society, and companionship that the deceased person would have provided to the family members had he or she lived.

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Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part of an experimental program?
Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his/her failure to obtain your "informed consent" relative to this treatment.

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What if signed a consent form saying the treatment was OK? Can I recover any damages in a malpractice action against my doctor?
Yes, you still may be able to recover damages. A consent form does not release from liability a physician who was negligent in performing a medical procedure. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him/her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.

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How much money will I receive if I win my medical malpractice case?
There is no way to know this without evaluation by an expert medical malpractice attorney. Even then, attorneys can give general ranges of typical jury verdicts, but ultimately the value of any particular case must be determined either by agreement through settlement or through the verdict of a jury. Contact an experienced medical malpractice lawyer at Chalik & Chalik Law Offices

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How soon should I contact an attorney?
The sooner the better. Memories fade with time, and in addition, the sooner a lawyer can be involved and preserve evidence, the more likely it is that the lawyer will be able to bring the case to a successful resolution. In Florida, a medical malpractice action must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered.

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For more information, please see our Medical Malpractice page.