James Frazier | | Medical Malpractice
Surgical malpractice is a devastating event that can leave victims facing physical, emotional, and financial challenges. If you or a loved one has suffered due to surgical negligence in Florida, consulting an experienced Florida surgical malpractice attorney is crucial. At Paul | Knopf | Bigger, we specialize in these complex cases and securing justice for our clients.

Surgical Malpractice in Florida: How a Surgical Malpractice Attorney Can Help

Surgical malpractice is a devastating event that can leave victims facing physical, emotional, and financial challenges. If you or a loved one has suffered due to surgical negligence in Florida, consulting an experienced Florida surgical malpractice attorney is crucial. At Paul | Knopf | Bigger, we specialize in these complex cases and securing justice for our clients. If you have immediate questions, contact us now at (800) 434-4327.

Surgical malpractice occurs when a medical professional's negligence during a surgical procedure results in harm to the patient. This could involve errors before, during, or after the surgery. Examples include:

What Is Surgical Malpractice?

Surgical malpractice occurs when a medical professional’s negligence during a surgical procedure results in harm to the patient. This could involve errors before, during, or after the surgery. Examples include:

  • Performing the wrong procedure
  • Operating on the wrong site
  • Leaving surgical instruments inside the body
  • Anesthesia errors
  • Failing to recognize and address complications

Each of these mistakes can lead to severe injuries, long-term disabilities, or even death. A skilled Florida surgical malpractice attorney can help victims understand their rights and pursue compensation for their losses.  The medical malpractice attorneys at Paul | Knopf | Bigger have decades of experience in handling these types of cases with superior results.

Why Surgical Malpractice Happens

Surgical malpractice can stem from several factors, including:

  1. Inadequate Pre-Surgical Planning: Failing to review the patient’s medical history or misinterpreting test results.
  2. Inexperienced Surgeons: Lack of adequate training or oversight can lead to avoidable errors.
  3. Communication Breakdowns: Miscommunication among surgical teams often results in mistakes like operating on the wrong site.
  4. Defective Equipment: Faulty surgical tools or devices can contribute to malpractice.

Identifying the root cause of the negligence is key to building a strong legal case.

Hiring an experienced Florida surgical malpractice attorney is essential for navigating the complex legal and medical issues involved in these cases. At Paul | Knopf | Bigger, we provide comprehensive support to victims by:

The Role of a Florida Surgical Malpractice Attorney

Hiring an experienced Florida surgical malpractice attorney is essential for understanding the complex legal and medical issues involved in these cases. At Paul | Knopf | Bigger, we provide comprehensive support to victims by:

1. Investigating the Case Thoroughly

Our attorneys work with medical experts to review records, analyze surgical procedures, and determine if the standard of care was breached. This detailed investigation helps establish liability.

2. Gathering Evidence

We collect critical evidence, including:

  • Medical records
  • Testimonies from expert witnesses
  • Surgical logs
  • Photographs of injuries

This evidence is instrumental in demonstrating the impact of malpractice on your life.

3. Negotiating with Insurance Companies

Insurance companies often attempt to minimize payouts or deny claims. Our skilled negotiators ensure that your case is presented compellingly, fighting for the compensation you deserve.

4. Representing Clients in Court

If a fair settlement cannot be reached, our attorneys are prepared to take your case to trial. We build persuasive arguments to secure maximum compensation.

What Compensation Can Victims of Surgical Malpractice Receive?

Victims of surgical malpractice may be entitled to various types of compensation, including:

  • Medical Expenses: Costs for corrective surgeries, rehabilitation, and ongoing care.
  • Lost Wages: Compensation for income lost due to the inability to work.
  • Pain and Suffering: Damages for physical and emotional trauma.
  • Punitive Damages: In cases of egregious negligence, punitive damages may be awarded.

At Paul | Knopf | Bigger, we are dedicated to ensuring our clients receive the full compensation they are entitled to under Florida law.

How to Choose the Right Surgical Malpractice Attorney

Selecting the right attorney can make a significant difference in the outcome of your case. Here’s why Paul | Knopf | Bigger stands out:

  1. Experience: With over 20 years of expertise in personal injury law, we’ve successfully handled numerous surgical malpractice cases.
  2. Client-Centered Approach: We represent only plaintiffs, focusing on their needs and ensuring personalized attention.
  3. Proven Track Record: Our firm has secured victories against major insurance companies and Fortune 500 corporations.
  4. Comprehensive Knowledge: We stay updated on Florida medical malpractice laws to provide the best possible representation.

Navigating the legal process for a surgical malpractice claim can feel overwhelming, but understanding each step can empower victims to take informed actions. At Paul | Knopf | Bigger, we meticulously guide our clients through every phase to ensure the best possible outcome. Below is a detailed breakdown of the process:

The Legal Process for Surgical Malpractice Claims in Florida

Navigating the legal process for a surgical malpractice claim can feel overwhelming, but understanding each step can empower victims to take informed actions. At Paul | Knopf | Bigger, we meticulously guide our clients through every phase to ensure the best possible outcome. Below is a detailed breakdown of the process:

1. Initial Consultation

The journey begins with a thorough and confidential consultation. During this meeting, we listen carefully to your account of the events, review any initial documentation, and discuss your medical history as it relates to the surgical malpractice.

Our primary goal is to assess whether negligence occurred and whether it directly caused the harm you suffered. We also outline your legal rights and the potential strategies we might employ to build a strong case.

2. Filing a Claim

Once we determine that a claim is viable, we take the first formal legal step by filing a notice of intent to sue, as required under Florida law. This step is more than just paperwork; it involves obtaining a detailed affidavit from a qualified medical expert who has reviewed your case and agrees that negligence occurred.

This affidavit serves as the foundation of your claim, providing a professional opinion that validates your allegations. Filing this notice also initiates a mandatory pre-suit investigation period, a critical phase in Florida’s medical malpractice process.

3. Pre-Suit Investigation

The pre-suit investigation is a collaborative phase designed to encourage resolution without proceeding to court. During this stage, both sides—the plaintiff and the defendant—share information through written requests, interrogatories, and depositions. We work diligently to uncover evidence that supports your claim, such as surgical records, hospital logs, and expert opinions.

Meanwhile, the defense may attempt to argue against the claim, often by denying negligence or disputing causation. This stage is essential for setting the tone of the case and often determines whether the matter will settle or proceed to litigation.

4. Litigation

If a settlement cannot be reached during the pre-suit phase, the case moves to formal litigation. This phase begins with filing a lawsuit in court and involves several stages, including discovery, motion practice, and trial preparation. During discovery, both sides exchange evidence and depose witnesses, including medical experts.

As your surgical malpractice attorneys, we craft a compelling narrative that highlights the breach of the standard of care and its devastating impact on your life. If the case proceeds to trial, we present the evidence before a judge and jury, using expert testimony and meticulous arguments to demonstrate liability and the extent of your damages.

5. Resolution

The resolution phase can take several forms, depending on the case’s progression. Many claims are resolved through negotiated settlements, often during or after the discovery phase. However, if the case goes to trial, the resolution will come in the form of a court verdict.

Whether through a favorable settlement or a decisive verdict, our priority is to secure the maximum compensation you deserve for medical expenses, lost income, pain and suffering, and other damages. Each of these steps requires a combination of legal expertise, medical knowledge, and relentless advocacy. At Paul | Knopf | Bigger, we are committed to handling every detail of the process so you can focus on healing and moving forward.

Why Time Is of the Essence

Florida’s statute of limitations for medical malpractice cases is generally two years from the date of the incident or discovery of the injury. However, certain exceptions may apply. Delaying action can jeopardize your ability to file a claim. Contacting a Florida surgical malpractice attorney promptly ensures your rights are protected.

David Paul | Andrew Knopf | Brent Bigger of Paul | Knopf | Bigger - Offices in Orlando and Tampa, Florida

How Paul | Knopf | Bigger – You Need a Surgical Malpractice Attorney Who Can Help

At Paul | Knopf | Bigger, we understand the devastating impact surgical malpractice can have on your life. Our team is committed to providing compassionate, professional representation to help you rebuild after a medical error. We combine legal expertise with relentless advocacy to achieve the best possible outcomes for our clients. Call us today at (800) 434-4327.

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