Medical
Malpractice

The Downs Law Group is a Florida-based personal injury law firm highly experienced in the practice and representation of medical malpractice matters. If you are suffering from injuries sustained by the hand of a healthcare professional’s negligence or carelessness, you may be enduring physical, emotional, and financial burdens. Our attorneys are dedicated to protecting patient rights and believe you deserve fair treatment and compensation.

Medical malpractice occurs when a medical professional such as a doctor, nurse, technician, or paramedic fails to follow the standard of care that a sensible and cautious healthcare worker would provide under similar circumstances, resulting in injury or harm to the patient. Some examples of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, medication errors, anesthesia errors, injuries sustained during birth, nursing home abuse or neglect, and more.

We provide a range of legal assistance to help injured medical patients recover the compensation they deserve, including:

Case Evaluation: We offer free initial consultations to evaluate your case and determine whether you have a viable claim for medical malpractice.
Investigation: Our attorneys will conduct a thorough investigation into your case to collect evidence, medical records, and expert opinions to support your claim.
Negotiation: We will negotiate with the insurance company and healthcare providers to reach a fair settlement for your injuries.
Litigation: If necessary, we will file a lawsuit on your behalf and represent you in court to ensure that you receive the maximum compensation for your injuries.

If you or a loved one has suffered an injury or harm due to medical malpractice, you may have a legal claim for compensation. At The Downs Law Group, we understand each case is unique and provide personalized attention to every client’s situation to recover the maximum amount of compensation possible. Whether you’ve been hurt in a workplace accident, medical procedure, or boat accident, we’re here to help. We’ll review your case and discuss your legal options at no up-front cost to you.

Scope of Services

Do you have a case?

Exclusively serving Florida, we represent individuals and their family members who have been injured in the following ways due to negligence by a medical professional:

Surgical or Medical Errors

Surgical and medical errors can occur due to various reasons, including lack of experience, fatigue, or miscommunication among medical staff leading to severe complications such as infections, internal bleeding, or even permanent injury. Be wary of symptoms that worsen unexpectedly after surgery, signs of infection, or incorrect instructions.

Delayed Treatment

Delayed treatment can happen when medical professionals fail to provide timely care, often due to misdiagnosis, understaffing, or administrative errors. This can result in the progression of a disease or condition, leading to more severe health issues. If you experience worsening symptoms or complications due to a delay in receiving treatment, it might be due to medical negligence. Always keep a detailed record of treatments and communications!

Mismanagement of Illnesses

Mismanagement of illnesses includes failing to provide appropriate treatment plans, improper monitoring of the patient's condition, or ignoring critical symptoms. This can result in prolonged illness, unnecessary pain, and additional medical issues. Look for signs such as unaddressed symptoms, lack of follow-up care, or ineffective treatment plans.

Failure to Diagnose

A failure to diagnose occurs when a medical professional overlooks or misinterprets symptoms, leading to a missed or delayed diagnosis. This can have serious consequences, as timely treatment is often critical for recovery. Be aware if you feel your symptoms are not being taken seriously, or if your condition worsens without explanation.

Mismanagement of Medication

Medication errors include prescribing the wrong medication, incorrect dosages, or failing to recognize harmful drug interactions. This can lead to severe side effects, worsening of the condition, or new health problems. If you experience unexpected side effects or no improvement in your condition, medication mismanagement might be the cause.

Failure to Obtain Consent

Medical consent is a patient's right to be informed about their treatment options and to agree to the proposed procedures. Failure to obtain consent can occur if a medical professional does not provide adequate information or performs procedures without patient approval. Signs include undergoing treatment or procedures without fully understanding the risks or options available.

Misdiagnosis

Misdiagnosis involves incorrectly identifying a patient's condition, leading to inappropriate treatments and potentially harmful consequences. This is due to inadequate testing, misinterpretation of results, or overlooking symptoms. If you receive treatment that seems ineffective or your condition deteriorates, this is a misdiagnosis.

Birth Injuries

Birth injuries can result from medical negligence during pregnancy, labor, or delivery, and can have long-term effects on the child and family. Common causes include improper use of delivery tools, failure to monitor fetal distress, or delayed C-sections. Parents should be aware of signs such as unexpected complications during delivery or developmental delays in the child.

Negligent Behavior or Misconduct

Negligent behavior or misconduct by medical professionals can encompass a wide range of actions, from ignoring patient concerns to violating standard care protocols. This can result in unnecessary suffering and health complications. Patients should be alert to unprofessional behavior, lack of proper care, or any form of mistreatment during their medical interactions.

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Florida Medical Malpractice FAQ

We understand that employers and employees may have questions regarding medical malpractice. Here are some common questions and answers many ask our attorneys:

What damages can a medical malpractice lawsuit recover?

As a personal injury attorney, you may be entitled to recover several types of damages in a lawsuit. These include:

Medical costs, such as hospital bills, surgeries, doctor visits, prescription medications, and medical equipment.
Lost wages if the accident and injuries have caused you to miss work.
Future medical expenses related to your injuries.
Lost earning capacity if you're unable to return to work.
Pain and suffering.
Emotional distress.
Loss of Consortium

In cases where the accident has resulted in a fatality, family members may be able to seek wrongful death benefits from the responsible party. It's important to work with an experienced attorney who can help you understand your rights and pursue the compensation you deserve.

How much is it to file a medical malpractice lawsuit?

The Downs Law Group works on a contingency basis, so we don’t get paid unless you do. We cover all of the upfront costs and only collect a fee if we win your case. If we don’t recover for you, you owe us nothing.

What information do I need to provide attorneys with?

To build a strong case for medical malpractice, our attorneys will need the following information from you:

Medical Records: Copies of medical records related to the injury or harm suffered.
Names of healthcare Providers: Names and contact information for the healthcare providers involved in the treatment.
Timeline of Events: A detailed timeline of the events leading up to the injury or harm.
Documentation of expenses: Documentation of any expenses related to the injury, such as medical bills or lost wages.

How are medical malpractice lawsuits filed?

In Florida, medical malpractice lawsuits must follow specific procedures and timeframes. The first step in filing a medical malpractice lawsuit is to hire an experienced attorney who can guide you through the process. Here are the steps involved in a medical malpractice lawsuit:

Notice of Intent: Before filing a lawsuit, Florida law requires that the injured party file a notice of intent to sue with the healthcare provider at least 90 days before the lawsuit is filed.
Filing the Lawsuit: Once the notice of intent has been filed, the lawsuit can be filed in court. The lawsuit must be filed within the statute of limitations, which is generally two years from the date of the injury.
Discovery: During the discovery phase, both sides exchange information and evidence related to the case.
Expert Testimony: In a medical malpractice case, expert testimony is required to establish the standard of care and demonstrate how the healthcare provider’s negligence caused the injury.
Settlement or Trial: After the discovery phase, the parties may negotiate a settlement. If a settlement cannot be reached, the case will go to trial.