Healthcare providers cannot guarantee that the care they provide will cure the illness or injury treated. However, the Hippocratic Oath, which is an oath historically taken by doctors, includes the promise “to abstain from doing harm.” This principle made its way into our common law, which allows an individual to bring a claim against a healthcare provider when the provider has failed to use reasonable care in the diagnosis, care or treatment of their patient. According to the U.S. Institute of Medicine, as many as 98,000 patients die each year as a result of medical errors in hospitals. It is believed that more people die each in Florida from medical errors than from automobile accidents.

Medical malpractice claims are not limited solely to claims against medical doctors. Dentists, chiropractors, and podiatrists are all considered to be healthcare providers and are all subject to the medical malpractice laws that apply to medical doctors. These laws, which are found in Chapter 766 of the Florida Statues, have been changed substantially in the last 20 years. Victims’ rights have been limited, making it more expensive and more time consuming to bring a claim. All of this makes it very risky for lawyers bringing malpractice cases, which means that lawyers must be very careful in deciding which cases to pursue. It can cost well over $50,000 in out of pocket expenses, as well as hundreds of hours of time, to bring a single case. Thus, unless the damages are significant, most lawyers cannot afford to prosecute an otherwise valid case.

If you or a loved one has been injured or killed due to medical malpractice, please feel free to call me to discuss your case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your accident and your rights.