Sarasota Medical Malpractice Lawyers

Representing Victims of Medical Negligence in Florida

When you go to the doctor, you expect to feel better. When you go to the hospital, you expect to get well. You trust your healthcare providers to take care of you and do what is necessary to improve your health, but far too often, medical professionals make mistakes.

If you or someone you love suffered harm because of medical malpractice, you may have a claim for compensation. Our Sarasota medical malpractice attorneys at Burnetti, P.A. can help you understand your legal options and determine the best way to move forward.

At Burnetti, P.A., we have won millions for victims of medical negligence in Florida, including:

• $2.8 million verdict: Brain injury and paralysis caused by medical malpractice
• $1 million settlement: Severe injuries resulting from medical malpractice
• $625,000 settlement: Injuries resulting from medical malpractice
• $400,000 settlement: Wrongful death resulting from medical malpractice
• $365,000 settlement: Child injuries resulting from medical malpractice

Contact Burnetti, P.A. online or call (941) 366-2838 for a free consultation with our medical malpractice attorneys in Sarasota, FL.

Medical Malpractice Statistics

Medical malpractice is one of the leading causes of death in the U.S. A study published in the Journal of Patient Safety^[1] estimated that medical errors might be the third leading cause of death in the U.S., with over 400,000 deaths annually attributable to preventable harm to patients.

Why You Need a Medical Malpractice Lawyer

Medical malpractice cases are complex and difficult to prove. Doctors, hospitals, and their insurance providers are prepared to fight these claims and will do everything they can to avoid liability. Understanding medical standards, gathering crucial evidence, and navigating negotiations with insurance companies can be overwhelming for those unfamiliar with the legal system.

A medical malpractice lawyer possesses the knowledge and resources to handle these complexities, from deciphering intricate medical terminology to building a strong case, ultimately protecting your rights and interests throughout the legal process.

At Burnetti, P.A., our Sarasota medical malpractice lawyers have the experience, resources, and skills to help you fight for justice. We have been representing victims of medical malpractice for over 30 years and have recovered millions of dollars in compensation for our clients.

We know the law, and we know how to win.

Do I Have a Case?

Medical malpractice occurs when a healthcare provider’s negligence causes a patient to suffer harm. Not all mistakes made by doctors and other medical professionals rise to the level of medical malpractice. To have a valid medical malpractice claim, you must be able to prove that the healthcare provider’s negligence caused your injuries and damages.

There are four elements of a medical malpractice claim in Florida:

• The healthcare provider owed you a duty of care
• The healthcare provider breached the duty of care
• The breach of the duty of care caused your injuries
• You suffered damages as a result of your injuries

Types of Medical Malpractice Cases We Handle

At Burnetti, P.A., we represent victims of medical malpractice in all types of cases. Our Sarasota medical malpractice attorneys have extensive experience and a proven track record of success in handling these complex claims. We know the law, and we know how to help you fight for the full, fair recovery you are owed.

Our firm represents victims of:

• Birth injuries: Harm caused during childbirth due to medical negligence.
• Misdiagnosis: Incorrect or delayed diagnosis leading to worsened condition.
• Medication errors: Harm caused by improper prescription or administration of drugs.
• Surgical errors: Mistakes made during or after a surgical procedure.
• Failure to diagnose: Missed or delayed detection of a medical condition.
• Failure to treat: Inadequate or improper treatment of a diagnosed condition.
• Anesthesia errors: Mistakes related to the administration or management of anesthesia.
• Emergency room errors: Negligence in emergency care leading to harm.
• Radiology errors: Mistakes in interpreting or performing medical imaging tests.
• Hospital negligence: General failures in patient care within a hospital setting.

Filing a Medical Malpractice Claim in Florida

Filing a medical malpractice claim in Florida involves specific steps and requirements.

1. Consult with an Attorney

• Experienced medical malpractice attorneys in Sarasota, FL understand the complexities of these cases.

• They can evaluate your case, gather evidence, and handle the legal process.

2. Pre-Suit Requirements

• Expert Affidavit: A qualified medical expert must provide an affidavit confirming that the medical care fell below the accepted standard of care and caused your injuries.

• Notice of Intent to Sue: After obtaining the expert affidavit, you must formally notify the healthcare provider of your intent to file a lawsuit.

3. Investigation and Evidence Gathering

• Your attorney will thoroughly investigate your case, collecting medical records, witness statements, and other relevant evidence.

• Building a strong case requires meticulous documentation.

4. Filing the Lawsuit

• If a settlement is not reached, your attorney will file a lawsuit in the appropriate Florida court.

• The complaint outlines the allegations of medical malpractice and the damages sought.

5. Discovery Process

• Both sides exchange information, including depositions, interrogatories, and document requests.

• This phase involves gathering evidence and preparing for trial.

6. Settlement or Trial

• Many medical malpractice cases are resolved through settlement negotiations.

• If a settlement cannot be reached, the case proceeds to trial.

How Long Do I Have to File a Medical Malpractice Lawsuit?

In Florida, the statute of limitations for medical malpractice claims is two years from the date of the injury or two years from the date the injury was discovered or should have been discovered, but no more than four years from the date of the injury.

If you do not file your medical malpractice lawsuit within the applicable statute of limitations, you will be barred from recovering compensation. Don't wait to contact an attorney if you think you have a case.

Compensation Available for FL Medical Malpractice Claims

In Florida, victims of medical malpractice may be eligible for two primary types of damages:

1. Economic Damages: These are tangible financial losses resulting from the malpractice. They can include:

   • Medical bills (past and future)
   • Lost wages
   • Diminished earning capacity
   • Cost of rehabilitation

2. Non-Economic Damages: These are intangible losses that are more difficult to quantify. They can include:

   • Pain and suffering
   • Emotional distress
   • Loss of consortium (loss of companionship)
   • Disfigurement
   • Loss of enjoyment of life

Is There a Cap on Medical Malpractice Damages in Florida?

As of March 2023, Florida Statute 766.118 places a cap on non-economic damages in medical malpractice cases. Non-economic damages are those that are not easily quantifiable, such as pain and suffering, emotional distress, and loss of enjoyment of life.

In most cases, non-economic damages in medical malpractice cases are limited to $500,000.

However, the cap increases to $1 million if the malpractice resulted in death, a vegetative state, or in certain cases involving catastrophic injuries with exceptionally severe noneconomic damages.

There is no cap on economic damages in medical malpractice cases in Florida. Economic damages are those that are easily quantifiable, such as medical expenses, lost wages, and lost earning capacity. As such, you can recover 100% of your economic damages in a medical malpractice lawsuit.

Who is Liable for Medical Malpractice in Florida?

In Florida, several parties can be held liable for medical malpractice:

• Individual healthcare providers: Doctors, nurses, surgeons, anesthesiologists, and other medical professionals can be held personally responsible for their negligence.
• Hospitals and clinics: These institutions can be liable for the actions of their employees (vicarious liability) or for their own negligence in maintaining safe conditions.
• Pharmaceutical companies: In some cases, drug manufacturers can be held responsible for defective or dangerous medications.

Call Burnetti, P.A. to Get Started

When you hire our medical malpractice attorneys at Burnetti, P.A., we will conduct a thorough investigation of your case. We will review your medical records, consult with medical experts, and gather all available evidence of the healthcare provider’s negligence and your injuries.

We will calculate the full extent of your damages and aggressively negotiate with the insurance company for a fair settlement. If the insurance company refuses to offer a fair settlement, we are not afraid to take your case to court and fight for a favorable verdict.

Call (941) 366-2838 today for a free, confidential consultation with our medical malpractice lawyers in Sarasota, FL.

[1]A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, Journal of Patient Safety, John T. James, PhD, 2013.