Medical Malpractice Lawyers in Fort Myers
Medical negligence can have devastating consequences, ranging from birth injuries and surgical complications to the tragic death of a patient. Recognizing the serious impact of such negligence, medical malpractice laws in Fort Myers are designed to protect the rights of injured victims and hold the negligent doctors and hospitals accountable. Injured victims and their families in Fort Myers should seek the justice and compensation they rightfully deserve for the injuries and losses they have endured due to medical malpractice.
Florida Statute 766.102: Fort Myers Medical Malpractice Lawyer Larry Moskowitz Will Use it to Prove Damages
As a Fort Myers medical malpractice attorney, Larry Moskowitz will use the full force of the state’s medical malpractice laws under Florida Statute 766.102 to fight for maximum compensation for the injured victims.
Florida Statute 766.102 outlines the legal parameters surrounding medical negligence and the standards of recovery for victims of medical malpractice within the state. It serves as a foundational element in medical malpractice cases, establishing the criteria that must be met to prove medical negligence and seek compensation.
Key Provisions of Florida Statute 766.102
The statute defines medical negligence as a breach of the prevailing professional standard of care for a given health care provider, which results in injury to a patient. Here are the key provisions that our proven medical negligence lawyer in Fort Myers pays close attention to when handling medical negligence cases:
Breach of Standard of Care
The statute requires that the healthcare provider breached the prevailing professional standard of care. This means that the healthcare provider failed to exercise the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar healthcare providers.
Injury Caused by Negligence
The statute mandates that the patient’s injury or damages were directly caused by the healthcare provider’s breach of the standard of care. This causation link must be established to hold the healthcare provider liable for medical negligence.
Burden of Proof
To successfully establish a medical negligence claim, the burden of proof lies with the claimant. They must prove by the greater weight of evidence that the alleged actions of the healthcare provider led to their injuries or damages.
How Fort Myers Medical Malpractice Law Firm Larry Moskowitz, PA Will Establish Liability and Recover Compensation
Evaluating the Standard of Care
Attorney Larry Moskowitz reviews the medical records and consults with medical experts to determine the prevailing professional standard of care applicable to the specific medical procedure or treatment in question. He assesses whether the healthcare provider’s actions deviated from this standard, constituting medical negligence.
Gathering Evidence of Breach
Our Fort Myers medical malpractice lawyer gathers comprehensive evidence, including medical records, expert testimonies, and other pertinent documentation, to demonstrate how the healthcare provider breached the standard of care, leading to his client’s injuries or damages.
Establishing Causation
Attorney Moskowitz works diligently to establish a clear causation link between the healthcare provider’s breach of the standard of care and his client’s injuries. He consults with medical experts to validate that the healthcare provider’s negligence directly resulted in the client’s harm.
Fighting for Fair Compensation
Leveraging his in-depth understanding of Florida Statute 766.102, Moskowitz fights aggressively to ensure his clients receive fair compensation for their medical expenses, lost wages, pain and suffering, and other damages resulting from the medical negligence.
We Can Maximize Your Medical Malpractice Compensation with the Removal of Non-economic Damages Cap in Florida
In a significant legal development, the Florida Supreme Court removed the cap on non-economic damages in medical malpractice cases in 2023. This pivotal change has reshaped the landscape for victims seeking compensation for their injuries, allowing for a more comprehensive recovery for the pain, suffering, and emotional distress endured due to medical negligence.
The Previous Cap on Non-economic Damages
Prior to this groundbreaking decision, Florida law limited non-economic damages in medical malpractice cases to $500,000. This cap, although designed to control insurance costs and protect healthcare providers from exorbitant payouts, often left victims inadequately compensated for their non-economic losses, such as pain and suffering, loss of enjoyment of life, and emotional distress.
A New Era for Medical Malpractice Victims
With the cap on non-economic damages now eliminated, medical malpractice victims in Florida have the opportunity to pursue full and fair compensation for all aspects of their damages. This includes not only economic damages, such as medical expenses and loss of earnings, but also non-economic damages, which are often more challenging to quantify but are equally significant.
Get Aggressive Legal Representation for Your Medical Malpractice Claims in Fort Myers
Fort Myers medical malpractice attorney Larry Moskowitz has been a staunch advocate for victims’ rights throughout his 35+ years of legal practice. With the removal of the cap on non-economic damages under Florida medical malpractice law, attorney Moskowitz now has a greater opportunity to secure maximum compensation for his clients. Here’s how he can help you in your medical malpractice case:
Comprehensive Evaluation of Damages: Attorney Moskowitz will assess the full extent of your damages, both economic and non-economic, to ensure you receive the compensation you deserve from the negligent medical providers.
Expert Testimonies: Leveraging a network of medical and financial experts, attorney Moskowitz will arrange compelling expert testimonies to substantiate your claim and highlight the profound impact of medical negligence on your life.
Advanced Legal Strategies: With his deep knowledge of the nuances in a medical malpractice claim, attorney Moskowitz will employ sophisticated legal tactics to build a strong and persuasive case on your behalf.
Aggressive Negotiation and Litigation: Known for his fierce advocacy and tenacity, Moskowitz will negotiate aggressively with insurance companies for maximum settlement and, if necessary, relentlessly pursue a medical malpractice lawsuit to ensure you obtain the highest compensation permissible under the law.
Personalized Support and Guidance: Understanding the emotional and physical challenges you face, Moskowitz will provide compassionate and personalized legal support, guiding you through every step of the legal process and ensuring your rights are protected.
If you have suffered harm due to the negligence of a medical professional, or are dealing with the wrongful death of a loved one due to careless healthcare professionals, call now at 866-312-0708 to schedule your free consultation with us.