Experienced Medical Malpractice Lawyer Represents Injured Patients in Hollywood, Florida
Holding healthcare providers accountable for harm from substandard care
You trust your doctor to address your medical issues capably and to help you get back to health. But when a healthcare provider makes a careless mistake that injures you, the effects can be devastating. The Law Offices of James Jean-Francois, P.A. stands up for injured patients. Drawing on more than 15 years of legal experience and the medical knowledge of our network of experts, we investigate your claim and assemble the evidence to build a compelling case. Healthcare providers must be held to a high standard, and when they fall short because of negligence, we fight to hold them accountable.
What type of mistake constitutes medical malpractice?
There are several elements an injured patient must prove to establish medical malpractice:
- Duty — A healthcare provider has a duty to a patient to perform at a professional level. The injured plaintiff must establish that there was a provider-patient relationship.
- Breach — When a healthcare provider makes a mistake, liability for malpractice does not automatically attach. The mistake must be one that a reasonably well-trained and careful provider would not have made. In other words, the mistake must demonstrate that the care received was below an acceptable professional standard.
- Causation — The plaintiff must prove that the mistake directly caused the harm complained of. Providers can make mistakes without liability, provided those mistakes don’t harm the patient. If there is no causal relationship between the mistake and the harm, then there is no case for malpractice.
- Damages — The plaintiff must show actual harm as a result of the mistake.
Proof of these elements often requires testimony from medical experts, who can explain complex scientific facts and processes clearly to a jury.
Common errors that lead to medical malpractice lawsuits
Studies have shown that medical errors are one of the leading causes of death in the United States. Common errors that cause harm to patients include:
- Anesthesia errors — Giving a patient too much anesthesia can cause brain damage or death due to hypoxia or anoxia. Too little anesthesia can allow a patient to awaken during surgery.
- Emergency room errors — Delays in giving treatment can cause irreparable harm to patients who urgently need care. Failing to take an accurate history of the patient can lead to harmful errors in treatment.
- Misdiagnoses — When a doctor fails to catch the obvious signs of a condition, the patient remains at risk unnecessarily as the condition worsens. In cases of cancer or heart disease, a misdiagnosis can be fatal.
- Prescription drug errors — Medication errors can occur when prescribing, fulfilling and dispensing drugs.
- Surgical errors — Lax enforcement of surgical protocols produces inexcusable mistakes, such as wrong-site surgery and foreign objects left in body cavities. Incision errors can cause dangerous internal bleeding and sepsis.
- Failures to monitor — During in-patient treatment, facilities have a duty to monitor patients for changes in their condition and to respond proactively.
If you have suffered harm due to a medical error, you must act quickly. The statute of limitations allows two years to file an action, although that period may be extended if your injury is not immediately apparent. However, the sooner you act, the sooner your attorney can begin gathering the evidence needed to deliver a positive result.
Contact my Hollywood office to schedule a free medical malpractice consultation
The Law Offices of James Jean-Francois, P.A. provides trustworthy representation for medical malpractice cases throughout the Hollywood area. To schedule a free consultation and case evaluation, call me at 954-780-8505 or contact my office online. I am conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.