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While no one goes to a doctor or medical facility expecting their condition to actually get worse, that’s the unfortunate reality for far too many patients. If this happened to you, the Fort Myers medical malpractice lawyers with Lytal, Reiter, Smith, Ivey & Fronrath may be able to help.

We’ll work to help you get the money you have coming so you can focus on your recovery without having to worry about your financial situation. Please give us a call at (561) 655-1990 or use our online form for a free evaluation of your case.

Why hire Lytal, Reiter, Smith, Ivey & Fronrath

Lytal, Reiter, Smith, Ivey & Fronrath has extensive experience in medical malpractice cases. We’ve helped clients obtain the compensation they deserved for more than three decades. These are just some of the outstanding case results we’ve achieved on behalf of the people we’ve represented:

  • $8.2 million for a Palm Beach County client
  • $4.5 million for a Palm Beach County case involving failure to diagnose bleeding after back surgery
  • $3 million for another Palm Beach County Case involving failure to diagnose internal bleeding
  • $1.56 million in a 2021 medical malpractice case
  • $1.25 million for a Palm Beach County client who suffered harm due to their doctor’s failure to make a timely diagnosis

Steps to take after experiencing malpractice

If you can remember to keep the following in mind, you can help preserve your health. You’ll also have a much stronger case.

1. Switch providers by asking for a referral

Don’t hesitate to see another doctor if you have reason to believe the one currently treating you caused you to suffer harm. There’s a chance you’ll need to get a referral from your present doctor, depending on your insurance and the type of doctor you’re seeing. Even though that may seem awkward, seeing someone else could give you peace of mind and protect your health.

2. Obtain a copy of your medical records

The doctor treating you must provide your medical records if you request them. If you’re having any issues obtaining them, speak with a Fort Myers personal injury lawyer. Florida law does not mandate a specific timeframe in which doctors must give patients their requested records.

However, most providers follow the HIPAA Privacy Rule, which is a federal law that requires requested health information to be returned within 30 days. Again, an attorney can help if the doctor isn’t cooperating.

3. Meet with a Fort Myers medical malpractice attorney

The earlier you speak with one of our Fort Myers medical malpractice lawyers, the earlier we’ll be able to get to work protecting your rights. At Lytal, Reiter, Smith, Ivey & Fronrath, we’ll tell you exactly what to expect throughout your case. We’ll also immediately begin investigating to gather the proof necessary to help get you the money you deserve.

4. Report the incident to the appropriate Licensing Boards

The Florida Department of Health provides a way for patients to report medical professionals they suspect of committing malpractice. Doing so could help hold them responsible, and could possibly keep someone else from suffering the same fate.

5. Manage your condition carefully

One of the most important things you can do is to take steps to prevent your situation from getting worse. Keep a close watch on how you’re feeling, and follow the recommendations of your new doctor in the letter. Report any changes to your condition as quickly as you can.

Common types of medical malpractice

The Fort Myers medical malpractice lawyers of Lytal, Reiter, Smith, Ivey & Fronrath handle many types of medical malpractice cases. The following is a quick look at some of the more common ones.


A misdiagnosis occurs when a doctor fails to spot the signs of a health issue. For example, your doctor may have said you only have a minor problem when your condition is actually much more serious. If this is the case, you may be able to file a medical malpractice lawsuit.

Delayed diagnosis

There are some instances where a doctor will fail to accurately interpret test results. Or, they may not spot the indications of a major health problem. Other types of delayed diagnoses include not referring the patient to a specialist soon enough, or not ordering a test in the first place.

Negligent failure to treat

Not only can you sue for misdiagnosis and delayed diagnosis, but you could also possibly take action if your doctor failed to see the signs of a medical condition, didn’t treat that condition, and you suffered harm.

Surgical malpractice

Surgeons will sometimes operate on the wrong body part, or even the wrong patient. They can also commit malpractice by leaving a surgical instrument in the patient’s body.

Birth injuries

Doctors can also be negligent when they injure a child during delivery or fail to notice signs of distress in the fetus or mother before birth. Birth injuries can occur at any time before, during, or after delivery.

Improper follow-up/aftercare

If a doctor neglects to schedule a surgery or test or fails to monitor a patient correctly, they could be held liable for malpractice. Other medical professionals can be negligent as well. Examples include not providing accurate instructions after a procedure, or not seeing indications of harmful complications

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Malpractice cases have special deadlines. Make sure you file your claim in time

The statute of limitations in Florida for medical malpractice cases is two years. You have two years from the date you suffered harm, or when you first discovered that harm. There are exceptions, such as cases involving fraud or children. But even though you have two years to file a lawsuit, you should take action as soon as you can.

The Fort Myers medical malpractice lawyers with Lytal, Reiter, Smith, Ivey & Fronrath recommend early action so we can investigate your case before critical evidence disappears.

Potential damages to claim

The purpose of a medical malpractice lawsuit is to obtain compensation for losses associated with the harm you suffered. These losses are known as damages. The following is a brief look at some examples.

Economic damages

More than likely, you’re accumulating more medical bills due to the malpractice. You might not be able to work, so you’re losing your salary. These are examples of tangible, economic damages that can be quantified.

Non-economic damages

Non-economic damages, such as pain and suffering and loss of quality of life are subjective, and they don’t come with documents such as receipts and pay stubs. Securing non-economic damages is more difficult because they’re not easily quantifiable. However, a skilled Fort Myers medical malpractice lawyer can argue successfully on your behalf.

fort myers medical malpractice lawyers

We’ll work to obtain maximum compensation

The attorneys with Lytal, Reiter, Smith, Ivey & Fronrath will never be intimidated by insurance corporations and their teams of high-paid, skilled professionals. We defeat huge insurers on a regular basis.

Multiple parties may be liable for your injury

One of the biggest reasons to hire our firm is that we’re familiar with all the complexities involving a medical malpractice lawsuit. A major complicating factor is the potential that several different parties might have contributed to your suffering. The following are some of the parties a Fort Myers medical malpractice lawyer may hold liable:


As noted above, doctors can commit malpractice through surgical errors, failure to diagnose or treat, failure to monitor, etc.


A nurse who helped treat you might have administered the wrong kind of medicine or the wrong dose. They also might have failed to properly monitor you after surgery.


If an anesthesiologist failed to monitor a patient’s vital signs, used the wrong kind of anesthetic, or failed to spot complications, they could also be found liable.

Physician’s assistant

These professionals can sometimes cause harm by neglecting to provide necessary information to doctors, nurses, or other medical personnel. This can result in a misdiagnosis, a delay in treatment, or another type of mistake.


A pharmacist may face liability if they don’t recognize drug interactions that could harm a patient, or they fail to provide proper instructions on how to take a medication.

Medical device manufacturer or distributor

These companies could also be sued if they produce defective devices that cause harm.

Laboratory technician

If a laboratory technician’s mistake resulted in a delayed diagnosis or misdiagnosis, the patient could possibly sue the technician for malpractice.


The hospital may face liability for failing to make sure the doctors who work there are qualified to provide treatment.

Medical facility

Any other medical facility where a patient suffers harm could also be held liable in a medical malpractice lawsuit. A skilled Lytal, Reiter, Smith, Ivey & Fronrath attorney can tell you more.

How our attorneys prove malpractice

At Lytal, Reiter, Smith, Ivey & Fronrath, we’re experts in investigating medical malpractice cases. We can obtain medical records, expert opinions, and doctor’s notes and speak with witnesses. Our firm will leave no stone unturned to help you get the money you have coming.

Cost of hiring a medical malpractice lawyer

Since we don’t receive money unless we achieve a successful result on your behalf, you’ll have nothing to lose by working with our Fort Myers medical malpractice lawyers.

Our Fort Myers medical malpractice lawyers are here to help

Speak with an attorney with Lytal, Reiter, Smith, Ivey & Fronrath by using our online form or calling  (561) 655-1990 for a free consultation.

Discover your legal options today.

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Important Notice: Safety is our top priority at Lytal, Reiter, Smith, Ivey & Fronrath. You can access our services from home via phone, online chat, Facetime, or Zoom. Our aim is to provide justice while safeguarding everyone’s health.

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