Were you injured by a medical provider’s mistake in Stuart, Florida? Contact the experienced Stuart medical malpractice lawyers at Kibbey Wagner, PLLC today at (772) 444-7000 to find out how we can help. Initial consultations are free and completely confidential.
Whether you end up in the hospital after a car accident or because you’re seeking treatment for an illness contracted on the job, you should not have to worry about sustaining additional injuries as a result of medical negligence. Our Stuart medical malpractice lawyers have deep knowledge of the medical industry, including high-risk specialties.
We’ve recovered over $60 million in settlements and verdicts since 2014. We’ve proven our ability to win, and we’ve built a reputation for going the extra mile for our clients. We bring over 40 years of combined legal experience and the perspective of a former insurance defense lawyer to your case.
Getting hurt by medical professionals trusted to treat you is devastating, and it happens all too often. Having the right attorney makes all the difference. Kibbey Wagner, PLLC is the right choice.
How Can Kibbey Wagner Help With a Medical Malpractice Claim in Stuart, FL?
You have a lot of choices when hiring a personal injury attorney in Stuart. Your future depends on a proper case evaluation, the right evidence to support your claim, and the dedication to seeing your case through no matter what challenges arise.
Medical malpractice claims are complicated, so you need to make the right choice. Kibbey Wagner has the knowledge, experience, and resources to stand up to the insurance companies responsible for paying your claim.
When you hire our award-winning legal team in Stuart, FL, we’ll:
- Conduct a detailed investigation to determine all contributing causes of the medical mistake that injured you
- Seek compensation from all responsible parties
- Calculate your damages to reflect the full value of your financial, physical, and emotional damages
- Consult with trusted experts who can analyze and support your case
- Take the lead in settlement negotiations and all communications with insurance companies or at-fault parties
- Send a Board Certified civil trial lawyer to present your case in court, if settlement talks are unsuccessful
You can count on us to be 100% committed to your case from beginning to end. We’ve earned national recognition for getting results and for outstanding client service—including selection in National Trial Lawyers Top 100, Super Lawyers and Rising Stars, and a “Superb” rating on Avvo, a respected lawyer rating website.
And you don’t have to worry that you can’t afford our top-rated legal representation. We work on a contingency fee basis, which means you pay nothing upfront, and you only pay if we win. Ready to get started? Call today for a free case evaluation.
What Is a Medical Malpractice Claim?
A medical malpractice claim is a type of specialized personal injury claim against a medical professional or entity. Often, an individual doctor, nurse, or other professional is named as a defendant along with the hospital, clinic, or laboratory where the mistake was made.
Medical malpractice claims may arise from:
- Surgical errors
- Misdiagnosis or failure to diagnose injury or illness
- Improper follow-up instructions or care
- Medication errors
- Birth injuries
- Emergency room errors
- Blood transfusion mistakes
- Anesthesia errors
If a medical error is fatal, the personal representative of the victim may be able to file a wrongful death claim.
What Is My Medical Malpractice Case Worth?
Medical negligence cases can be worth thousands or millions. Our skilled Stuart medical malpractice attorney can give you a better idea with a full case evaluation. Long-lasting or fatal injuries tend to bring higher awards.
There are some general factors that affect the value of any med mal case, such as:
- The nature of the medical mistake
- The extent of your injuries
- How long you have missed work, and whether you’re able to return
- Whether you followed all medical orders
- The cost of additional medical care required after the mistake
- The emotional toll the incident had on you and your family
- Whether the medical mistake caused you to have a disability
We dig through the evidence, consult with experts, and talk to you to understand exactly how your life has been affected. When professionals in charge of your care harm rather than heal you, you deserve to be compensated to the fullest possible extent.
Some medical errors should never occur, like surgery on the wrong body part or leaving an object in a patient during surgery. These could be worth more, but ultimately, the value of your case will depend on factors specific to you.
What Kind of Damages Are Available to Medical Malpractice Victims?
Most personal injury victims, including those injured by medical malpractice, can recover both economic and non-economic damages.
Economic damages cover direct financial losses and cover things like:
- Cost of additional medical treatment needed due to errors made
- Lost wages
- Reduced earning capacity
- Home medical equipment
- Physical therapy
- Nursing care
- Occupational therapy
- Cost of transportation to medical appointments and other out-of-pocket expenses
Non-economic damages are less tangible and compensate you for pain and suffering. These damages take into account how your quality of life was affected and can include money for:
- Physical pain
- Mental anguish
- Loss of enjoyment of life activities
- Loss of reputation
- Post-traumatic stress disorder
- Loss of consortium
If the mistake was so egregious that the jury thinks the doctor or clinic needs to be punished, then punitive damages could be available. They are rare, but we’ll let you know if we think they are warranted in your case.
What Causes Most Medical Malpractice Injuries in Stuart, Florida?
Most are caused by negligence by one or more people. Emergency rooms, in particular, involve dozens of people and can be extremely chaotic. More than one person may be at fault.
Some common medical errors are caused by:
- Failure to collect or record patient data
- Mislabeling medication or blood samples
- Overworked staff
- Failure to maintain facilities
- Defective equipment
- Failure to properly interpret lab results
- Failure to order diagnostic tests
- Lapsed maintenance on medical equipment
- Improper training or supervision
- Charting errors
- Failure to screen the patient’s blood supply
Most medical procedures involve multiple parties, and there may be multiple causes of your injuries. Medical malpractice claims are hard-fought and have high stakes. Our legal team has the experience, resources, and tenacity to handle these cases with success.
We Fight to Recover Compensation for All Your Medical Malpractice Injuries
A mistake from a medical professional or facility can cause a range of injuries or illnesses. You may sustain an entirely new injury, suffer complications from a surgery, or have reduced life expectancy due to failure to diagnose an illness.
We routinely recover compensation for injuries and illnesses such as:
- MRSA and other infections
- Brain damage
- Spinal cord injuries
- Nerve damage
- Internal bleeding
- Organ damage
- Wrongful death
Our experts will analyze your medical records to determine the extent of your injuries. That allows us to calculate your damages to include all future medical care and the full value of your lost income.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
In most cases, you’ll have to file your medical malpractice case within two years of the error or within two years of when you discovered the mistake was made. Some medical errors aren’t immediately known, such as misdiagnosis or infection caused by contaminated surgical instruments.
If you didn’t discover the harm done right away, you could have up to four years to file your claim. And if you didn’t discover the harm because of fraud, concealment, or intentional representation, then you could have up to seven years to file a lawsuit.
If you suffered harm at the hands of a medical professional, contact our trusted Stuart medical malpractice attorneys sooner rather than later. Filing deadlines are often a point of contention, and the insurance company will always argue for the shortest one to try to get your case dismissed.
How Do I Prove Medical Malpractice in Florida?
Medical malpractice is a form of negligence, which is the same basic legal theory used in other personal injury cases.
You’ll have to prove the basic elements of negligence:
But you’ll have to meet certain standards specific to medical professional negligence. You’ll have to prove that the defendant failed to meet the standard of care accepted in the medical profession.
Florida requires testimony from an expert witness in the same practice area or specialty as the defendant. Medical malpractice cases are extremely complex. Hiring the right experts is critical. Our experienced team has shared mutual trust and respect with top medical experts in the Stuart area for nearly a decade.
Contact Our Stuart Medical Malpractice Lawyers For a Free Consultation
If you were injured due to the negligence of a medical provider, Kibbey Wagner can help you get justice and the compensation you deserve.
Our Stuart medical malpractice lawyers have recovered over $60 million for injured victims over the years. We are well-versed in the medical industry, and we are known for winning big against tough defendants.
Call today for your free consultation and let us get started fighting for you.