Malpractice Lawyers

Serving Brevard, Palm Bay, Melbourne, and surrounding Areas in Florida

Medical malpractice

 

Malpractice Law is the branch of law that deals with any serious breach by a member of a profession in either their standard of care or their standard of conduct. The actual term malpractice refers to any gross negligence or misconduct by a practicing professional person, such as a doctor, lawyer, dentist, accountant, etc.

This level of negligence or misconduct reaches the level of being legally defined as misconduct, when it causes physical or mental injury, or some other kind of tangible damage or loss to a patient or a client.

One important thing to know is that Florida’s malpractice laws are specific when it comes to injuries and damages that occur in Florida, so it is always important to seek the advice of an attorney who practices Malpractice Law in Florida. Because local trial practice varies from County to County, you should also always seek advice and assistance from attorneys and trial lawyers who practice in the County where the injury or damage occurred.

Arcadier & Associates, P.A., is a highly respected law firm representing clients in Palm Bay, Melbourne, Cocoa Beach, Viera and all of Brevard County and Central Florida. We specialize in medical and legal malpractice lawsuits. The majority of malpractice cases we handle are medical, then legal, then other types, but we will be glad to take a look at any case you believe you may have.

The Four Elements Of A Malpractice Lawsuit

In order to file a successful lawsuit, you must file the case within the statute of limitations in your state (in Florida it is two years from the date of the act, or within two years from the date the injury was or should have been detected, but no more than four years following the act causing injury).

Malpractice is a tort of negligence lawsuit and you must have all four elements of a tort of negligence. The specifics vary depending on the type of case, but the very basics of a tort of negligence are:

  • A Duty Was Owed – This is established when a doctor, dentist, hospital, lawyer, etc. undertakes a professional relationship and begins caring for or working with the patient or client
  • A Duty Was Breached – The provider made an error or failed to perform up to professional standards
  • The Breach Caused The Injury – The breach of duty was the direct cause of the injury
  • Damages – There are tangible provable damages from the breach of duty

Medical Malpractice

Medical malpractice is one of the most common types of medical lawsuits. This is primarily due to the fact that it is a profession, which by its very nature, leads to an almost countless myriad of mistakes that can be made, which can result in serious injury and sometimes even death. Medicine is not a forgiving science or profession, and slight mistakes made by medical professionals can often lead to disastrous consequences for the victim. There is little room for error when it comes to the human body and the smallest of errors in judgement or technique made by a medical professional can be devastating.

A majority of the medical malpractice cases filed are based on “medical error” and a large portion of these cases filed are based on misdiagnosis or failure to diagnose, or an error in judgement in the therapeutic course chosen. The remainder of them are primarily based on improper or negligent treatment or improper or negligent procedures being used.

Some examples of the most common failure to diagnose cases are:

  • Failure to diagnose Lung Cancer
  • Failure to diagnose Breast Cancer
  • Failure to diagnose Colon or Rectal Cancer
  • Failure to diagnose a Heart Attack
  • Failure to diagnose Appendicitis

Some examples of the most common negligent treatment or procedures being used are:

  • Anesthesia errors
  • Negligence while performing the procedure
  • Items left in the body during surgery (sponges, clamps, etc.)

Below are the four elements of a successful medical malpractice tort.

  • A Duty Was Owed – This is established when a doctor, dentist, hospital, etc., begins caring for a patient
  • A Duty Was Breached – The provider made an error or failed to perform up to professional standards
  • The Breach Caused The Injury – The breach of duty was the direct cause of the injury to the patient
  • Damages – There are tangible provable damages to the patient from the breach of duty

Legal Malpractice

This is the second most common type of malpractice lawsuit. A typical case occurs when a lawyer mishandles a case in some way, either intentionally or unintentionally and causes injury or loss to the client. Sometimes there are other causes for action against a lawyer, such as possible fraud, over-billing for a case, etc. If you think you have a cause for action against a lawyer, call us for a free consultation and we will be glad to take a look at any case you believe you may have.

Some of the most common types of actions include:

  • Failure to file or act within the statute of limitations
  • Failure to file within or meet court deadlines
  • Failure to resolve any conflicts of interest
  • Failure to know the law, represent the client properly, or perform adequate research
  • Misusing a client’s funds in any way (typically a trust account)
  • Improper withdrawal from representation

The most common action is to pursue a malpractice claim against the lawyer in civil court and recover any monetary loss or damages that may have occurred. In cases of theft or fraud involving money the lawyer may face criminal charges and have to pay restitution as well as criminal prosecution. A third recourse is to report the lawyer to the licensing board (state bar) for the state the lawyer is in. Below are the four elements of a successful legal malpractice tort.

  • A Duty Was Owed – This is established when an attorney/client relationship is entered into
  • A Duty Was Breached – The attorney was negligent or failed to perform up to professional legal standards
  • The Breach Caused The Injury – The breach of duty was the direct cause of the injury to the client
  • Damages – The breach of duty directly caused the client to be unsuccessful in his underlying case

Arcadier & Associates, P.A., serving clients in Palm Bay, Melbourne, Cocoa Beach, Viera and all of Brevard County and Central Florida is ready to go to trial for you. We specialize in medical and legal malpractice lawsuits but we will be glad to take a look at any case of possible malpractice anywhere in Florida.