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 for Estate Planning, Bankruptcy and Personal Injury.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or other medical professional harms a patient through his or her negligence and fails to competently perform his or her medical duties. Not all medical mistakes are considered medical malpractice. It's important to understand that just because a doctor made a mistake or you're not happy with the course of treatment or outcome doesn't mean that malpractice necessarily occurred. In order to meet the legal definition of medical malpractice, a doctor or medical professional must have been negligent in some way, and you must have been harmed as a direct result of the negligence.

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

To prove that medical malpractice occurred, you must be able to show the following things:

  • A doctor-patient relationship existed: Before filing a medical malpractice claim, you must be able to show that a relationship existed between you and the doctor you are suing. This means that you hired the doctor to perform a service and the doctor agreed to be hired. If you've been seeing the doctor regularly and they've been treating you, it's fairly easy to prove that a physician-patient relationship existed.
  • The doctor was negligent: Just because you're unhappy with your treatment or the results doesn't mean your doctor is liable for medical malpractice. In order for it to be considered medical malpractice, you need to prove that the doctor was negligent in your diagnosis or treatment. You also need to prove that the doctor caused harm in a way that a competent doctor would not have under the same circumstances. Most states require that you present a medical expert to discuss the appropriate medical standard of care and how your doctor deviated from that standard.
  • The doctor's negligence caused the injury: Many malpractice claims involve patients who are already sick or injured, and there is often a question about whether the doctor actually caused the harm. You must be able to show that it is "more likely than not" that the doctor's negligence directly caused the injury. This is another area where it's helpful to have a medical expert testify on your behalf.
  • The injury led to specific damages: Even if it's obvious that a doctor was negligent in their duties, you can't sue for malpractice if you didn't suffer any harm. Some of the most common types of harm that you can sue for include physical pain, mental anguish, additional medical bills, lost work, and lost earning capacity.

Statute of Limitations in Florida

The statute of limitations for filing a medical malpractice suit in Florida is governed by Florida Statute 95.11(4)(b). The law states that you must file a medical malpractice suit within two years of the date on which the harm resulting from the malpractice was discovered or should have been discovered with the exercise of due diligence. There is also a blanket deadline of four years from the date of the alleged medical malpractice, regardless of when you discovered the harm.

If you believe that you have a medical malpractice lawsuit, the best thing you can do is to meet with an experienced personal injury attorney (link to the personal injury page) as soon as possible to discuss the merits of your claim. They'll be able to review your case with you and help you determine if you have a legitimate medical malpractice case.

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

  • 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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  • Communication You Can Count On

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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.”
  • Monica M. Cabrera Photo
    Monica M. Cabrera

    Attorney, Se Habla Español

    Monica M. Cabrera has been practicing law since 2006. Prior to attending law school, she worked as a legal assistant for just under 10 years. In order to provide personal service to her clients, Monica has represented clients from all walks of life and handles all types of cases including Residential & Commerical Real Estate Sales and Purchases, 1031 Exchanges, Refinances, Probate, Wills & Trusts.
  • David  Arens Photo
    David Arens


    Bio coming soon!