Medical Malpractice

Medical Malpractice Attorneys in Florida

Are You the Victim of Medical Negligence?

Did you know that there are approximately 250,000 deaths every year in the United States due to some form of medical error? According to Johns Hopkins Researchers, medical errors in the U.S. are the third leading cause of death.

Maybe you’ve heard the term “medical malpractice” before, but do you know what it means? It’s a great question! According to the American Board of Professional Liability Attorneys (ABPLA):

“Medical malpractice occurs 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.”

Visit our blog to learn more about the basics of a medical malpractice lawsuit! If you believe you or someone you love suffered injuries, complication, or harm as a result of a doctor or medical professional’s negligence, reach out to our Florida medical malpractice lawyers right away to discuss your legal options.

Call (800) 391-4337 or contact us online to get started with a complimentary strategy session.

Common Examples of Medical Malpractice

Medical malpractice can take many forms; it may be intentional or it may occur simply as the result of a medical professional’s mistake. However, in order for it to be considered malpractice, the medical professional must have failed to provide a standard of care (more on that below).

Some common examples of medical malpractice include:

  • Prescription errors
  • Failure to diagnosis/wrong diagnosis
  • Missed or late diagnosis
  • Birth injuries or death
  • Unnecessary surgery
  • Being discharged prematurely
  • Failure to order proper testing
  • Failure to recognize symptoms
  • Failure to warn a patient of the known risk

If you are reading this page, you are likely beginning the process of researching the rights for a patient, whether it be for yourself or a loved one. If that’s the case, we are truly sorry that you’ve been placed in this predicament! If you’re ready to speak to a Florida medical malpractice attorney about your case, contact us now. There is no cost to you in discussing your case with our personal injury team.

Reach us online or by phone at (800) 391-4337.

“I completely trust Carmen and the rest of the attorneys at The Dellutri Law group. Carmen cares about his clients and works hard to provide the best representation for them. Unlike some other attorneys, Carmen puts the interests of his clients first. I would not hesitate to use Carmen again in the future or recommend him to anyone I know." - D.L. (Google -November 27, 2017)

Proving a Medical Malpractice Case

In any medical malpractice case, we need to prove four essential elements:

  • The Standard of Care: The first element of a medical malpractice case is that we need to identify a “standard of care” between a doctor and a patient. All doctors are supposed to provide “competent care to patients.” So, the standard of care that should be provided to a given patient will be individualized based on the patient's individual circumstances. This element is usually not difficult to prove once a doctor/patient relationship has been established.
  • Breach of the Standard of Care: The second element is the that the doctor breached the duty to provide a reasonable standard of care to the patient. This is when we enter a battle of experts. Expert witnesses are used to determine what a reasonable standard of care could have been for the patient and whether the treating physician deviated from a reasonable standard of care and was, therefore, negligent. As you are probably thinking, in many cases, this is a highly litigated part of the case.
  • Causation: The third element of a medical malpractice case is causation. Once you can demonstrate a standard of care and that the doctor breached his or her duty to provide a reasonable standard of care, the next step is proving that the doctor’s breach caused your injuries. In other words, we must prove that a doctor’s actions, or failure to take action, directly caused our client’s injuries. We want to know that the doctor’s negligence is the legal cause and the proximate cause of our client’s injuries because without damages, you have no case.
  • Damages: The fourth element in a medical malpractice case is damages. When an individual is injured by medical negligence, they are allowed to recover both economic and non-economic damages. Economic damages are things like medical bills from additional required treatment and lost wages as a result of being too injured or sick to work. Non-economic damages, on the other hand, are things that are harder to assign a specific dollar amount to, such as pain and suffering or emotional distress.

What to Expect When You Contact The Dellutri Law Group, PA

When you call us about a potential medical malpractice case, we will want to know several things, including:

  • All treating physicians involved
  • All medical facilities where treatment occurred
  • What treatments/surgeries were prescribed or performed
  • Injuries sustained
  • If a death occurred, whether there was an autopsy
  • What you think went wrong and why

We receive calls nearly every day for potential medical malpractice claims. While we are, unfortunately, not able to take all of these cases, as not all of them pass our rigorous screening process, that doesn’t mean you shouldn’t call us to talk to one of our Florida medical malpractice attorneys.

If you have questions and need answers, call us at (800) 391-4337 today.

The Dellutri Difference

  • A Healthy Firm Culture

    When our employees are happy to come to work, we know that they are capable of overcoming any challenge on behalf of our clients.

  • Service Tailored to Your Needs

    We sincerely care about each and every one of our clients and refuse to treat them like a case file to be passed from person to person.

  • Communication You Can Count On

    We believe that our clients deserve clear and consistent communication every step of the way, without any unnecessary "legalese."

  • A Culture of Philanthropy

    In order to give back to our community, each employee at our firm is granted the opportunity to sponsor a charitable cause of their choosing.

  • Experience & Passion on Your Side

    Our dedicated team of lawyers, paralegals, assistants, & staff have been fighting on behalf of our clients since 1998.

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Our firm is singularly focused on our clients and will stop at nothing to fight for the future that they deserve. Let our attorneys fight for your future next.

Meet Your Attorneys

Committed to Making Our Community a Better Place
  • Carmen  Dellutri Photo
    Carmen Dellutri


    If you know Carmen Dellutri, you know he is passionate about a lot of things. He gives back often- to his community, his employees, and his loved ones. Carmen has mentioned time and time again that the reason he became an Attorney, and specifically a Personal Injury and Bankruptcy Attorney, is because he loves to help others.
  • Amanda  Downing Photo
    Amanda Downing


    Amanda Downing doesn’t mince words and says what she means when it comes to the opposing side. She has the biggest heart and will fight tooth and nail to bring justice for her clients. “I hate having to go to bat for those victims, because they never should have been put in that situation to begin with. It’s just completely unfair.”