Medical malpractice occurs when a physician, a nurse, or any other provider deviates from the prevailing standard of care and causes injury. This can lead to catastrophic injury or even death. Research conducted by Johns Hopkins in 2016 determined that medical errors are the third leading cause of death in the US. Sometimes providers acknowledge their mistakes and other times, they attempt to cover it up. Medical malpractice cases are often complicated and expensive to litigate. Our team can assist you in determining if you or your loved one has a viable case under Florida law.
Find answers to the most commonly asked questions about medical malpractice cases.
First, have your case evaluated by a qualified attorney who has extensive experience handling medical malpractice cases. Second, gather any and all medical records related to the treatment that was performed and the treatment before and after the injury. This can help determine if the records support the facts as known. Third, have your case evaluated by a licensed professional in the same specialty to confirm if there was a deviation in the standard of care that caused you or your loved one injury. This will determine if there is enough evidence to proceed with a medical negligence case.
Usually not. In Florida, you must obtain the medical records and an opinion from a qualified medical doctor or professional to support the case before you can file a lawsuit.
Florida law in the medical malpractice context does not protect those who die without a spouse, a child under the age of 25, or a dependent. Trial lawyers like Jennifer Lipinski are fighting to change this law, but for now, this is the law in Florida.
No. Most physicians maintain at least $250,000 in liability coverage but some elect to not protect themselves in the event they are negligent. You can check if your doctor has insurance coverage here.
If they do not provide coverage, it will say this: “I have elected not to carry medical malpractice insurance however, I agree to satisfy any adverse judgments up to the minimum amounts pursuant to s. 458.320(5) (g)1, F. S. I understand that I must either post notice in a sign prominently displayed in my reception area or provide a written statement to any person to whom medical services are being provided that I have decided not to carry medical malpractice insurance. I understand that such a sign or notice must contain the wording specified in s. 458.320(5) (g), F.S.”
More information can be found here.
You can depend on us to guide you throughout the process so you can get the results you need
If you think that you may have a case, you should contact Jennifer Lipinski and her team immediately. Whenever a client contacts us, we provide an initial consultation at no cost and in a confidential manner.
Our team will gather the necessary records to prepare your case for success. We will also assist you in gathering evidence that only you have access to. We will preserve all available evidence held by the defendant and third parties.
Jennifer Lipinski prides herself in being side by side for every step of the way. She will attend all hearings, depositions, and other court appearances and explain the process in a way that is easy to understand.
Jennifer Lipinski will never settle a case or reject an offer without consulting you. She is not afraid to take your case to trial. She will be your guide throughout the process so you obtain the result you deserve.
Our consultations are always private and confidential