Medical Malpractice Attorney
We proudly fight for injured patients in Brevard County, Florida
Most Floridians have a great deal of faith in the medical profession due to its high level of standards. And it can be difficult to believe that health care professionals can be careless or negligent. But it does happen, and more often than one would imagine. In fact, The Institute of Medicine has estimated that preventable medication errors result in more than 7,000 U.S. hospital deaths annually.
Medical malpractice occurs when professional negligence that violates the “standard of care” (commonly accepted medical techniques and principles) leads to injury. Florida Statute 766.102 states that the victim must prove that “… the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider.” This can be very tricky, and you’ll need the help of an experienced Melbourne medical malpractice lawyer to take on the doctors’ insurance companies and ensure that your rights are protected.
If you or a loved one have been the victim – or think you may have been the victim – of medical malpractice in Melbourne, turn to attorney Tara C. Couture, an experienced and caring attorney with a proven track record in helping injured patients receive the just compensation they deserve. She will thoroughly review the merits of your case and evaluate how to best approach it to maximize recovery.
Proving negligence in court
In a medical malpractice case, the victim must prove the following:
- negligence violating the “standard of care”
- “proximate cause” of injury
- resulting damage caused by injury. The medical professional should have foreseen injury resulting from inadequate care.
A patient’s right to know
The “informed consent” standard requires that health care professionals notify patients of dangers which may result from a “risky medical procedure.”
Florida law demands that the patient be told the following:
- nature of procedure
- substantial risks and hazards
- reasonable alternatives. Patients must give permission to the medical professional to perform the procedure.
Malpractice lawsuits could encompass Brevard County clinics, emergency rooms and hospitals, including Parrish Medical Center, Holmes Regional Medical Center, Wuesthoff Rockledge and Wuesthoff Melbourne, Cape Canaveral, and Palm Bay Community Hospital. Any medical professional (dentist, doctor, nurse, nursing home attendant, pharmacist or psychiatrist) could be guilty of malpractice. Increasingly, senior care centers are the target of malpractice suits for abuse and neglect from bed sores, dehydration and broken bones. Medicine must be properly dispensed, distributed, filled and prescribed. Malpractice also covers birth-related injuries, errors made by surgeons, misdiagnosis, bad or dangerous prescription medications and failure to send patients to specialists.
The Florida statutes of limitations for medical malpractice cases are two years from when the patient should have known of the injury. As such, it is critical to contact a Melbourne medical malpractice lawyer immediately if you believe you are a victim.
Why you should retain an injury lawyer
Medical experts are essential in explaining proper treatment standards. They must be “reasonably prudent similar health care providers.” Malpractice lawsuits could be difficult to prove because many health professionals support one another, and many doctors don’t want to testify against one another. Ms. Couture specializes in finding find well-respected medical experts to help reveal the truth, thus bolstering your case. Medical malpractice attorney Tara C. Couture will be with you every step of the way – preparing evidence, finding experts and retrieving your medical records to help you recover the cost of injury-related bills, lost wages and other compensation for your pain and suffering. Schedule a consultation at our Melbourne office today.
How much does a personal injury attorney cost?
At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.
Do I have a case?
Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.