Florida Medical Malpractice Lawyers

If you suffered an injury due to a medical provider’s negligence, you should call the Florida personal injury lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. right now to discuss the circumstances of the incident. You might be entitled to significant compensation for your injury, the resulting expenses, and the emotional pain you were forced to endure. We can provide the legal representation you need and help hold the at-fault party accountable for their wrongdoing.

Most people trust their doctors. They believe a qualified and experienced physician won’t do anything to place them in harm’s way. Unfortunately, doctors can make mistakes. Their errors are often due to carelessness or disregard for the safety of their patients. This can lead to severe injuries and even death.

At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our Florida medical malpractice lawyers understand the long-term consequences of a medical error. Besides the physical pain, you also suffered psychological damage and could face debt if you can’t afford to pay your medical bills. It’s a stressful and overwhelming situation for anyone to find themselves in.

You deserve justice for what happened to you. Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can investigate your claim and gather all available evidence to prove who was at fault for your injury. You can depend on us to fight for your rights and seek the money you’re owed for your losses. Call us today at 561.689.8180 for a free consultation and learn about your legal options.

Why Choose Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.?

The Florida medical malpractice lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. have been representing medical malpractice victims since 1978. We have a proven track record of success, and we’ve secured favorable settlements and jury verdicts for many clients. Among the prestigious organizations that have recognized us for our work are The National Trial Lawyers, Super Lawyers, and Martindale-Hubbell, to name a few examples.

We are available 24/7, so you can reach us any time of day. It’s important to us that we provide the ongoing communication and support you need during this devastating time in your life. You can depend on someone to answer your call whenever you want to discuss your case. We will be there for you from start to finish of the process, no matter what.

Many people worry about the financial implications of hiring a lawyer. You might think you can’t afford it when you’re already paying for your hospital bills, physical therapy, and other expenses. We take cases on contingency, so you don’t face the burden of upfront fees or costs. We won’t expect payment of our legal fees unless we secure compensation for you. If we lose your case, you will never owe us money.

Common Types of Medical Malpractice Cases

Multiple scenarios can arise that lead to injury, illness, or death. Healthcare professionals take an oath to “do no harm,” but violating state laws, facility policies, and safety standards increases the risk of harming a patient.

The most common types of medical malpractice cases Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. handle are:

  • Lack of pre or post-operative care
  • Surgical errors
  • Negligently hiring inexperienced staff
  • Failure to diagnose an illness or injury correctly
  • Using unsterilized medical tools
  • Prescribing the wrong medication or dose
  • Interpreting diagnostic test results incorrectly
  • Administering the improper amount of anesthesia
  • Misinforming or failing to inform a patient of the risks of a procedure or treatment
  • Leaving a foreign object in a person’s body during surgery
  • Recommending an inadequate treatment plan

This isn’t a complete list of medical malpractice cases. If you were injured while under a healthcare professional’s care for any reason, you should consult one of the Florida medical malpractice lawyers from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. immediately. We can review all facts of your case and determine whether you can hold your doctor liable for their actions.

Compensation Available in Medical Malpractice Cases in Florida

You probably suffered a range of losses from your injury or illness. Even a minor injury can require some form of medical treatment to heal. If you incurred various expenses from medical malpractice, you should not be forced to pay out of pocket if your actions didn’t contribute to your injury.

You can file an insurance claim to pursue compensation for the losses you’ve experienced, such as:

  • Medical bills
  • Loss of enjoyment of life
  • Emotional distress
  • Damage to personal property
  • Physical impairment or disfigurement
  • Lost wages
  • Lost earning capacity
  • Pain and suffering

The Florida medical malpractice lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can calculate your total losses to determine the value of your case. Some of the factors that might contribute to the number we come up with include:

  • Availability of evidence proving the medical provider caused the injury
  • Amount of insurance coverage on the policy
  • Type and severity of the injury
  • Effect of the incident on daily routine and quality of life
  • Duration of the recovery period
  • The emotional impact of the injury
  • Whether permanent damage resulted from the incident
  • Amount of time spent away from work
  • Total medical bills
  • The estimated cost of necessary treatment in the future

Filing an insurance claim isn’t your only option after sustaining an injury from a doctor. You could also file a lawsuit. Besides seeking compensation for your losses, you can also pursue punitive damages. However, an award of punitive damages isn’t meant to cover your losses. Instead, it punishes the defendant for their actions. There must be clear and convincing evidence of the defendant’s intentional misconduct or gross negligence for a jury to provide this financial award.

Laws for Filing a Lawsuit in Florida

If you want to sue the medical provider responsible for your injury, you must do so within a specific timeframe known as a statute of limitations. Florida has a four-year statute of limitations in most cases. That means you have to file your lawsuit within four years of the date of the incident if you want to pursue compensation for your losses. Sometimes, a two-year statute of limitations may apply, so talk with a lawyer from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. to determine how much time you have to file a lawsuit in your circumstances.

However, one exception could delay the deadline. In some medical malpractice cases, the victim does not realize they were injured until years later. Maybe the surgeon left a foreign object in their body or provided treatment for an incorrect diagnosis. If you were not aware of the injury or illness at the time of the incident, you would have two years from the date you discovered medical malpractice occurred to file your lawsuit.

If your actions contributed to your injury, you could end up with less money than you need to compensate for your losses. Pure comparative negligence allows a jury to reduce a plaintiff’s monetary award by their percentage of shared fault. So let’s say you suffered $40,000 in losses, but the jury determines you were 25 percent to blame for your own injury. That means you could only receive up to $30,000 in compensation. This statute applies even if you were 99 percent at fault.

Holding the Medical Provider Liable for Your Loved One’s Death

Florida statute 768.19 defines wrongful death as a death caused by a person’s default, negligence, wrongful act, or breach of contract or warranty. If your loved one died from medical malpractice, you could pursue a case to compensate for your losses. However, the only individual that can file a wrongful death lawsuit is the personal representative of your relative’s estate. That person must act on behalf of surviving family members and name them in the complaint.

Two main classifications of losses exist in a wrongful death case: losses to compensate the estate and losses to compensate surviving family. The compensation you seek could cover any of these losses:

  • Mental pain and suffering
  • Medical and funeral costs paid by a surviving relative and the estate
  • Loss of services and support the deceased used to provide to family members
  • Lost earnings, wages, and benefits from the date the victim suffered an injury until they died
  • The value of earnings and benefits the deceased could have earned and saved if they survived
  • Loss of guidance, companionship, and instruction from a parent
  • Loss of protection and companionship

Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. understands the devastation of losing someone you love, especially when it’s because of a preventable incident. The doctor, nurse, or another medical provider’s error directly resulted in your family member’s death, and they should be held liable. Although no amount of money can change the circumstances, we know it could provide some financial relief as you’re grieving.

Speak to a Dedicated Florida Medical Malpractice Lawyer Today

Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. has fought on behalf of our clients for over 40 years. We will go to battle for you against the negligent healthcare professional and seek the maximum possible compensation. We believe in protecting individuals wronged by others and helping them recover from their injuries. You can count on us to work tirelessly towards a favorable outcome in your case.

When you need legal guidance, we will be there for you. We offer a free initial consultation to discuss what happened and determine whether you have a case we can help you pursue. We will walk you through each step, so you understand what to expect down the road and the strategies we can use against the at-fault party’s insurance company or defense attorney.

If you suffered injuries because of medical malpractice, do not hesitate to call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. for representation. One of our Florida medical malpractice lawyers will be happy to meet with you for a free consultation. Call 561.689.8180 now.

Last Updated : February 23, 2022

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