Blogs By K Ryan

5 Common Dental Malpractice Lawsuits

Feared by children and avoided by many adults, dentists get a bad rap. Just like other medical professionals, dentists provide necessary and sometimes life-changing services.

Unfortunately, just as in other medical fields, dental work is accompanied by inherent risks and additional risks created through error and malpractice. Those who have been hurt at the hands of a dentist or dental practice may be entitled to compensation through dental malpractice lawsuits.

What is dental malpractice?

Just as with general medical malpractice, Florida law defines dental malpractice as injury or death caused by the negligence of a medical provider. Medical malpractice cases that involve death morph into wrongful death lawsuits.

Wrongful, Delayed, or Failed Diagnosis

One of the most common types of dental malpractice lawsuits involves the wrongful or delayed diagnosis of a patient. In such cases, these delayed or erroneous diagnoses can lead to injury, unnecessary treatments and medical expenses, and death.

In addition, a dentist who overlooks obvious oral health issues or fails to diagnose such an issue may be held liable for resulting injuries or health issues. A dental practitioner has a duty of care toward their patients. This duty of care is undermined when the practitioner acts in any way that’s considered negligent or appears to disregard the life and health of their patient.

Unnecessary or Improper Procedures

Despite the inherent duty of care and respect required by medical professionals, not every practitioner adheres or upholds those standards.

There have been cases in which dentists were found to have performed unnecessary or improper procedures. In one Florida case, a dentist was accused of extracting the teeth of his minor patients without just cause. More than 130 patients accused him of cruel behavior and child abuse that spanned decades.

Types of improper procedures vary, but one of the most common is orthodontic treatments performed on a patient with active periodontal disease. The disease is a type of gum infection that can lead to tooth loss. If the bacteria from the infection enter your bloodstream, they can cause health issues such as respiratory and coronary artery disease.

Treatment Delay

Similar to improper procedures, another common type of dental malpractice is the delay of necessary treatment. A delay in treatment for a serious dental issue such as active periodontal disease can cause a host of other health issues that can be chronic or fatal.

Just as how the bacteria from the untreated aforementioned disease can weave their way through the body and cause havoc, so can other oral health issues, regardless of how benign or slight they seem. Even tooth decay, an extremely common issue, can be fatal when untreated.

Nerve and Muscle Injuries

A slip of a dental tool can mean suffering severe and chronic nerve or muscle damage. Your jaw is home to a slew of complex nerve and muscle webbings that allow you to open and close your mouth, speak, and swallow. Losing the ability to freely perform any of those activities without pain can severely affect your quality of life. Repairing or reconditioning those areas can be expensive, if not impossible.

Anesthesia Errors or Abuse

Too much anesthesia can lead to serious injuries and death. Anesthesia, even used properly, carries its own risks, both short and long-term.

Aside from erroneous measurements or exposure, anesthesia also has been abused by medical professionals. In one case, a dentist was accused of using anesthesia to knock patients out so he could sexually abuse them. The allegations span decades.

What should I do if I’ve suffered from dental malpractice?

Oral hygiene can strongly affect your overall health. If you’ve suffered malpractice at the hands of a dentist, you deserve to be compensated for your pain and suffering.

You entrusted your body and life to a medical professional who failed you due to negligence or general lack of care. Whether you are now dealing with chronic pain, loss of jaw movement, or another issue, you also have the invisible scars and trauma that come with losing trust in experts meant to care for you.

Pursuing a dental malpractice lawsuit means fighting for compensation for medical bills, loss of income, and the mental anguish and pain you’re suffering.

Contact a Dental Malpractice Lawyer Today

In Florida, dental malpractice lawsuits can be filed up until two years from the date of the incident. Though it may seem overwhelming or expensive to pursue legal action amid a medical crisis, a dental malpractice lawsuit can help you to pay for ongoing medical treatments, therapy, medication, and more. You don’t need to suffer in silence.

Let Lytal, Reiter, Smith, Ivey & Fronrath help you get the compensation you need and the treatment you deserve. Contact us today for a free, no-risk consultation with an expert dental malpractice lawyer. Call us now at 561-867-4117 or visit our website to get your free consultation.

Doctor is worried and stressed after wrongful death suit.

Wrongful Death: Hospital Liability

/in Medical Malpractice, Wrongful Death /by K Ryan

Though surgeries and medical treatments come with inherent risks, it’s still a shock if a loved one dies in the care of qualified medical professionals.

In Florida, the death of a loved one entrusted to the care of medical professionals and entities can be met with a wrongful death claim. But just how liable are entities like hospitals in wrongful death cases?

What is wrongful death?

In Florida, a wrongful death is a death caused by another person or entity’s negligence, default, breach of contract or warranty, or a wrongful act.

There are several types of wrongful death claims. The type most relevant to hospital liability is medical malpractice and negligence.

What constitutes medical malpractice?

Medical malpractice is what happens when an injury or death is caused by a medical provider, which can be a health care practitioner or entity.

Common types of medical malpractice include wrong or delayed diagnoses, medication errors, and surgical errors.

Liability of Healthcare Facilities and Hospitals

According to state law, hospitals are responsible for comprehensive risk management and staff competence.

How does this factor into suing a hospital for wrongful death? Hospitals are liable for the damages that ensue when these duties aren’t met. This means they are liable for instances of personnel or provider negligence or malpractice that causes injury or death when that personnel or provider is an employee of the hospital.

The potential for hospital liability wanes if the negligent provider wasn’t a hospital employee.

Hospitals are also required to have the following:

Written procedures for the selection of staff members
Ongoing and routine review of medical care provided by every staff member
Supervision of medical staff and hospital personnel that ensures the review and risk management processes are executed correctly

This isn’t a comprehensive list of hospital responsibilities. A Florida wrongful death attorney will let you know the options available to you when it comes to suing a hospital for wrongful death.

State law says the ability for a hospital to be held liable for a death changes if the death happened during emergency treatment or care. But the limited liability granted by the above statement is undermined if the death results “from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.”

In such a case, a valid wrongful death claim arises.

Can I file a wrongful death claim?

In general, immediate family can seek compensation in a wrongful death lawsuit.

Depending on the age of the decedent, eligible survivors may include the decedent’s spouse, minor children, parents, and any blood or adoptive immediate relatives who were wholly or partially dependent on the deceased.

However, there are some cases in which Florida law creates strict limits on who is legally considered a “survivor” with the right to file a wrongful death claim.

In instances in which the deceased is at least 25 years old, unmarried, and without children, their relatives cannot sue for wrongful death. The same is true if the deceased was an unmarried or widowed person with children who are at least 25 years old.

In addition, the law specifies that children born out of wedlock can sue for the wrongful death of their mother, but they cannot sue for the wrongful death of their father unless the father “recognized a responsibility for the child’s support.”

There are exceptions to these limitations, such as in cases in which there are few, if any, minor or immediate surviving relatives of the decedent. Consult with a Florida wrongful death attorney to hear what options are available to you. Contact Lytal, Reiter, Smith, Ivey & Fronrath today for a risk-free consultation.

How to Sue a Hospital for Wrongful Death

In the aftermath of a loved one’s unexpected death during surgery or other treatment at a hospital, taking legal action to hold those involved responsible may seem overwhelming. However, Florida law limits how long you have to seek compensation for the wrongful death of your loved one; You have only two years from the date of death to file a wrongful death claim, though there are rare exceptions to this limit.

Working with the experienced Florida wrongful death attorneys at Lytal, Reiter, Smith, Ivey & Fronrath will let you grieve without having to worry about legal complexities. Contact us today for a free wrongful death case consultation.

Abused elder sits alone at table in contemplation

Trusting Caretakers: Why Some Resort to Elder Abuse

/in Elder Abuse /by K Ryan

Caring for an elderly relative, hiring a caretaker, or housing an elderly relative in an assisted living facility is a draining decision for everyone involved. Finances are often one of the top concerns for those seeking a caretaker in Florida. Even more important is the quality and trustworthiness of said caretaker.

Elderly people are extremely vulnerable to abuse of all kinds, but what causes some caretakers to abuse their elderly charges?

What causes elder abuse?

According to surveyed elderly persons, power and control imbalances, loneliness, isolation and a mutual dependency between the victim and abuser caused some caretakers to abuse their elderly charges.

There are six main types of elder abuse. These include physical, emotional, sexual, and financial abuse, as well as abandonment and neglect. However, abuse appears in many forms; don’t assume someone is safe just because they aren’t covered in bruises.

Elder Abuse Risk Factors

There are certain factors associated with a risk of elder abuse. However, the absence of these factors does not guarantee the absence of abuse. It’s important to check in with elders who have caregivers to ensure they aren’t being subjected to any sort of cruelty or neglect.

There is a risk of elder abuse if the caretaker:

Has acted hostile, aggressive, or threatening toward their charge or other vulnerable persons, including animals.
Is responsible for a person older than 75 years old.
Lives with their elderly charge.
Has a relationship conflict with their charge.
Is inexperienced and/or unwilling to provide agreed upon or necessary levels of care.
Expects the elderly charge to do more than physically, emotionally, or mentally possible.
Is subjected to high stress levels and has care demands from persons other than their charge.
Is isolated and without a support group.
Is in poor physical, mental or emotional health.
Has a history of alcohol or drug abuse.
Was previously or is currently abused or suffering from family or domestic violence.

Warning Signs of Elder Abuse

If your loved one has a sudden personality change — becomes withdrawn, no longer enjoys beloved hobbies, etc. — they may be suffering from abuse.

Other signs that a caretaker is abusing an elderly charge include: unexplained bruises, cuts, scrapes, or other injuries; unclean or messy clothes or living conditions; lack of necessary medical items, treatments, or care; lacks necessary mobility tools, medications, or items such as eyeglasses or those items are broken, out of reach or otherwise unavailable.

These are not the only signs of elder abuse. Some types of abuse, such as financial exploitation, may not be immediately apparent. You must be vigilant when it comes to ensuring the safety and care of your elderly loved ones. Check their bank accounts to ensure that bills are being paid and money isn’t being withdrawn without explanation or documentation.

Keeping in contact with your loved one, including regular (unplanned) visits, phone calls, video calls, and more can help you notice signs of abuse that would have otherwise gone undetected.

If in doubt, ask the elderly charge to tell you about their situation: How are they feeling? Can they tell you about rules surrounding bathing or using the restroom? How are their meals? Do they ever feel hungry and have to sit with that feeling because there is no food or no one to prepare food for them? Are they dealing with any pain?

Connect with local social workers or organizations such as the National Center on Elder Abuse for more information.

What should I do if I’ve witnessed elder abuse?

If someone is being abused by a caretaker, you must alert authorities immediately. Elder abuse can be deadly. In cases in which the elderly charge is not being subjected to physical abuse, emotional and financial abuse can escalate to physical violence or lead to self-violence.

If possible, remove the victim from the reach of the abuser. Once the victim is out of immediate danger, call 911 and contact an experienced Florida elder abuse attorney who can help fight for the victim’s rights and safety.

If you cannot remove the victim from the reach of the abuser, contact law enforcement and describe the situation. Authorities will have further information about how to proceed in the safest and most effective manner to help the victim.

Once the victim is safe, contact a Florida elder abuse attorney for guidance on how to seek justice. The victim may also require medical attention, therapy, and financial assistance. Proceed accordingly and kindly.

Contact an Elder Abuse Attorney Today

Contact us today for a free elder abuse case evaluation. You and your loved ones deserve to be safe and cared for, especially by the people who have sworn to protect you. Let us at Lytal, Reiter, Smith, Ivey & Fronrath help you get the compensation and help you deserve.

wet floor marker sits in high-traffic establishement

Statute of Limitations on Slip and Fall Cases

/in Personal Injury Law, Premise Liability Law /by K Ryan

What is a slip and fall accident? These accidents happen when you trip or fall over on another person’s or entity’s property due to unsafe conditions. If you’ve slipped, tripped, or fallen over unsafe or dilapidated conditions at a Florida property, you may be entitled to compensation through a slip and fall lawsuit.

How long after a slip and fall can you sue?

In Florida, you have up to four years to file a slip and fall lawsuit. However, you should contact an experienced slip and fall lawyer as soon as possible. You can contact us today.

Why should I contact a slip and fall lawyer today?

Evidence May Degrade With Time

Though it may sometimes feel necessary to delay the filing of a lawsuit to focus on other issues (i.e. healing from your actual slip and fall injuries), delaying your case may undermine it. The sooner you have an experienced slip and fall lawyer on your side, the sooner they can begin gathering expert and witness testimony, video evidence, and medical records that could make or break your case.

Medical Bills Need Attention Now

The possible compensation awarded during a lawsuit can be used to pay for medical bills that may pile up or gather interest if you aren’t able to pay them out-of-pocket or get your insurance provider to cover them completely. Depending on your injury, you may have ongoing costs, such as physical therapy and surgery.

Some injuries may also mean that you can’t work while you heal or can’t work at all anymore. A slip and fall lawyer will be able to help you recover lost wages and get the best compensation award possible.

In addition to the economic and concrete costs such as medical bills and lost wages, you also may be able to get compensation for not-easily-calculable non-economic costs, such as pain and suffering or mental anguish.

An experienced slip and fall lawyer will be able to build the strongest case possible for compensation so you can get the help you need and deserve.

Unsafe Conditions Need To Be Fixed

The unsafe conditions that led to your slip and fall accident may still be endangering other people. Legal action may cause those issues to be rectified or fixed sooner rather than later, which could save other people from suffering your same fate.

Those Responsible Need to Be Held Accountable

When you enter a Florida business, you are entitled to a reasonable expectation of safety. You should not have to jump over broken sidewalks, duck under crumbling doorways, or navigate around blocked walkways.

While you may think that the unsafe conditions that led to your slip and fall accident were themselves accidental, that’s up to the courts to decide. Florida law says several factors open a property owner to being held liable for accidents on their premises.

According to Florida law, the dangerous or unsafe conditions must have existed for such a length of time that the property owner should have reasonably known about the issue, that the condition was a regular occurrence and therefore foreseeable, or that the property owner did not act with the duty of care owed to visitors.

Have you suffered a slip and fall accident?

If you’ve been injured in a slip and fall accident, you deserve compensation for the pain and anguish you’ve suffered due to a property owner’s negligence. Let us help you.

Contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free slip and fall case consultation.

Disabled vehicle sits on grassy shoulder of Florida expressway

What to Do: Vehicles On the Shoulder

/in Automobile Accidents /by K Ryan

It’s nearly impossible to travel about Florida without using one of the state’s many expressways. These high-speed roadways usually have multiple lanes used by locals and tourists alike. It’s more than likely that you’ll have to deal with car trouble on an expressway at some point, and hopefully not at the dreaded crossover between Interstate 4 and State Road 408.

If your vehicle becomes disabled on an expressway, there are a few things you should do.

Move Your Car

Turn on your hazard lights, and, if possible, get your car to the shoulder of the expressway or at least out of traffic.

A stopped car in the middle of an expressway is extremely dangerous. Drivers may not notice that your car isn’t moving until it’s too late to avoid a collision. If your vehicle becomes disabled on an expressway you should keep your hazard or emergency lights on to help alert other motorists to your presence.

In addition to the safety risks posed by staying put in the roadway, Florida law requires drivers to move disabled vehicles so they don’t obstruct the regular flow of traffic.

What if my car isn’t running at all?

If you cannot drive or push your car to the side of the road due to mechanical or safety issues, Florida law requires you to get help and make every reasonable effort to move your vehicle. You can always try waving down fellow drivers and asking for help pushing your vehicle, but your best bet is contacting roadside assistance.

You may have roadside assistance through your auto insurance, car dealership, or a third-party service like AAA or OnStar. If you do not have roadside assistance, contact the Florida Highway Patrol Road Ranger Service Patrol. The Road Ranger Service Patrol is sponsored by State Farm and provides stranded drivers with limited roadside assistance for free. You can contact them by dialing *347.

If all else fails, you can call your local police department or sheriff’s office non-emergency line to request guidance and assistance or reach out to a towing service. Depending on your situation, if you do not know local law enforcement’s non-emergency line, contact 911 and they will patch you through.

Stay Aware of Your Surroundings

Once your vehicle becomes disabled on an expressway, take a few minutes to analyze the flow of traffic and your situation. Is your car visible to others? Did your disabled vehicle cause a backup in traffic that’s now speeding to clear the area?

The side of the road or shoulder of the expressway is as dangerous as it feels. Even Florida drivers who pull their disabled vehicle as far from an expressway as possible, maybe into a nearby patch of grass, aren’t totally safe. In February, a Florida man was driving near Interstate 75 and U.S. 301 when he got a flat tire. He pulled off to the side of the road to change the tire and was fatally hit by a passing car.

Florida does have a law that requires drivers to slow down or change lanes when near stopped vehicles, but that law only applies to emergency vehicles, law enforcement, or similar entities.

What if I can fix my disabled car?

If your vehicle becomes disabled on an expressway, prepare to stay put. Law enforcement says that once your vehicle is off the roadway, you should stay in or near your vehicle until help arrives.

Authorities recommend having an emergency repair kit in your vehicle. Kits vary, but yours may include a help flag and reflectors. Both can help passing motorists realize that your car is disabled and not moving.

If you don’t happen to have a flag on hand, Florida Highway Patrol says you can pop your hood or tie a white cloth to your driver’s side window to alert passersby to your predicament. The aforementioned Road Rangers do patrol the state’s highways in search of stranded motorists, so they may spot you sooner than you expect.

Depending on where your car broke down, you may be near a Florida Highway Patrol alert button, which can be used to contact and request help from the nearest FHP station.

Think your car broke down due to product liability or damage suffered in a recent accident?

If your breakdown was due to someone else’s negligence, it may not be too late to get compensation. Contact the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath today for a free case evaluation.

What to Do When an Appliance Causes a Fire

/in Product Liability /by K Ryan

You’re sitting at your breakfast table enjoying a fresh cup of coffee when you notice an acrid smell drifting across the room. Your pancakes, cooked to perfection, sit in front of you. You definitely remember turning off the stove. But the odor grows stronger. You peek into your kitchen to see your coffee maker sparking and a roving flame traveling its way up a nearby wall.

Breakfast will go forgotten in the face of a dangerous electrical fire. What do you do when an appliance causes a fire? And how do electrical fires start in the first place?

When Dealing With an Electrical Fire:

Do Not Use Water

Water conducts electricity, so using it on an electrical fire may cause electric shock. Use a fire extinguisher. If you do not have a fire extinguisher, you can try to smother the flame — if small — with a blanket or baking soda. Do not use other powdered products like flour, as they may be flammable and make the fire worse.

If you can unplug or power down the source of the fire, do so.

If the fire is larger than you feel comfortable dealing with or continues despite your efforts, close all access to the area to slow the flow of oxygen.

Call Fire Authorities

As you dial 911 and alert the authorities, alert any other occupants so they stay clear of the area. If smoke or flames increase and it is difficult to breathe, vacate the building immediately.

Electrical fires are incredibly dangerous, so don’t underestimate them or their severity.

How do electrical fires start?

A malfunctioning product or electric source can cause an electrical fire. Electrical fires caused by malfunctioning products may open the manufacturer and other parties to a product liability lawsuit.

The Consumer Product Safety Commission says that major appliances cause about 150,000 electrical fires each year. About half of those electrical fires are caused by malfunctions in the appliances or wiring, according to Consumer Reports. Most are caused by cooking ranges, clothing dryers, air conditioners, refrigerators, and dishwashers.

The age of an appliance as well as the load placed on it and its electrical outlet all contribute to the risk of a potential electrical fire.

Other causes of electrical fires can be traced to frayed product electrical cords, running product cords under rugs, lamps and lights with lightbulbs that exceed their wattage capabilities, and extension cords. In addition, major appliances should never be plugged into extension cords, especially for prolonged periods of time as the cord can overheat and start a fire.

It’s also important to pay attention to any product recalls. Just last week, a company had to issue a recall for a coffee bean roaster because the product was found to overheat, causing a fire risk. Upon buying a new appliance, its documentation should tell you how to register it. This registration enables companies to reach out to you should there be a sudden recall or product alert. You can also check for recalls at www.recalls.gov.

Electrical Fire Warning Signs

How electrical fires start varies, but there are some general warning signs.

If you notice a burning smell coming from an electrical appliance or outlet, it’s time to turn off the power supply, unplug the appliance, and call an electrician or appliance repair person.

Other warning signs of a possible impending electrical fire include:

Feeling a buzz or tingle whenever you touch an appliance
Sparking wall outlets
Frequent blown fuses or tripped circuit breakers

Circuit breakers are triggered when a circuit is becoming overloaded with electricity. If the breaker fails, the electrical flow could damage the circuit and connecting appliances, potentially causing a fire.

Electrical Fire Safety Tips

Once you know how electrical fires start, take proactive measures to prevent them to the best of your ability.

Routinely clean and maintain your appliances
Only one heat-producing appliance should be plugged into an electrical outlet at a time
Unplug small appliances when not using them
Keep heat-producing appliances away from flammable or combustible objects or materials
Do not leave appliances such as dryers or dishwashers running while you sleep

Only 22% of electrical fires involving malfunctioning equipment occur between the hours of midnight and 8 am. But this portion of electrical fires accounts for nearly 60% of electrical fire deaths.

With that in mind, it’s extremely important to ensure that you have working smoke alarms, which can provide you with extra time to call 911 and evacuate if necessary.

What should I do if my appliance caused an electrical fire?

If your appliance caused a fire, you may have grounds for a product liability claim. Such claims arise whenever an appliance was used as intended and instructed but failed to perform its duty safely.

One of the main purposes of the Consumer Product Safety Act of 1972 is to protect people from unreasonable risks of injury associated with consumer products. You should not have to worry about whether your coffee maker will burst into flames when you leave it to brew.

If you’re unsure whether your situation qualifies, contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation with an experienced Florida product liability attorney.

Surgeons operate on wrong side of Florida patient

Surgical Errors and Medical Malpractice

/in Medical Malpractice /by K Ryan

All surgery comes with inherent risks, but some risks should never come into play. Florida medical providers have performed surgery on the wrong patient, on the wrong body part, or even on the wrong side of the right patient’s body.

These types of surgical errors are obvious instances of medical malpractice.

Other instances of medical malpractice surgical errors include leaving behind surgical tools and materials, puncturing organs, and causing nerve damage unrelated to the intended surgery. Suffering from any of these medical malpractice surgical errors means you’re entitled to compensation for your pain and suffering.

If you believe that you were injured by a medical malpractice surgical error, contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation with an experienced medical malpractice lawyer.

What is medical malpractice?

Florida law defines medical malpractice as death or injury caused by the negligence of a health care provider, which can be a person or entity. According to state code, medical malpractice is no different from medical negligence.

As a patient, you are owed a certain level of care and consideration by medical providers. Medical malpractice surgical errors mean that the medical provider neglected to act according to that duty of care.

In instances where a medical malpractice surgical error is believed to be purposeful, medical providers are not just at risk of a civil lawsuit. They may also face charges in criminal court.

Main Evidence Required to Prove Medical Malpractice

For an injury caused by a medical practitioner to be considered medical malpractice, the plaintiff (which would be you in this case) needs to prove that:

The medical practitioner was negligent in the patient care or services provided or omitted
The patient’s injury was a direct result of that negligence

What if I wasn’t technically injured, but I don’t like the results of my surgery?

Under current law, subpar surgery results usually aren’t enough to qualify for medical malpractice on their own. But in cases in which a medical provider guaranteed specific results and failed to provide those results, you may be able to sue for breach of contract or warranty. This is a form of medical malpractice when conducted by a medical provider.

An example of this type of medical malpractice surgical error is if you underwent breast augmentation surgery and awoke to find that the doctor had implanted a different size or type than agreed upon. This breach of warranty could lead to additional surgery and risks, and the provider failed to meet the required duty of care.

A failed promise of post-surgery results is enough to bring a breach of contract lawsuit against a medical provider. In one such case, a boy with an injured hand sought treatment from a doctor who promised to provide him with “a hundred percent perfect hand.”

The boy had skin taken from his chest and grafted onto his hand. Years later, this resulted in a hairy hand that didn’t meet the medical provider’s promise of “a hundred percent perfect hand.” The court ultimately ruled in the plaintiff’s favor.

What if I was injured by a surgical error I believe was medical malpractice?

Contact an experienced Florida medical malpractice lawyer right away. According to Florida law, you only have two years to file a medical malpractice lawsuit, though there are some exceptions.

Filing a medical malpractice surgical error lawsuit in Florida isn’t quick or easy. Taking your time, even to deal with the fallout of serious injury, could mean missing the statute of limitation deadline.The state requires the plaintiff to conduct a pre-suit investigation and notify all defendants in writing of their intent to sue. The notification launches a 90-day period during which the lawsuit cannot be filed while the defendants have time to investigate the plaintiff’s claims.

In some cases, the defendants will reach out with a settlement offer during this time. If this happens, work with a Florida medical malpractice lawyer to ensure that you’re getting a fair offer and aren’t being cheated out of potentially necessary compensation. If the case reaches filing, then Florida requires an attempt of mediation before the case can go to court.

A skilled Florida medical malpractice lawyer knows how to navigate the nuanced and sensitive requirements of state medical malpractice law. At Lytal, Reiter, Smith, Ivey & Fronrath, we have years of experience handling such complex cases. Let us help you handle the fallout of your medical malpractice surgical error and fight for the compensation and treatment you deserve.