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Medical Malpractice

Medical professionals have a duty to perform at the level of a trained professional, meeting the accepted standard of care in the industry.
If a healthcare professional fails to provide proper medical care to their patient, it’s known as medical malpractice. Medical professionals may be held liable for injuries and damages caused by their actions or lack of actions. 

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WHY EASTMOORE CRAUWELS & DUBOSE?

Medical professionals and their insurers are experts, so you need an expert on your side as well.

THE ATTORNEYS AT EASTMOORE CRAUWELS & DUBOSE WILL:

  • Meet with you to discuss your injuries, your treatment, and review the information about your case.
  • Discuss your legal rights and your options, and help you determine whether to take legal action.
  • Collect evidence about your claim to support your case and help find expert witnesses.
  • Determine the value of your claim through research and experience, and find out which parties are potentially liable for your injuries—for example, doctors, hospitals, or nurses.
  • Navigate statutory and procedural rules concerning medical malpractice cases

WHAT CONSTITUTES MEDICAL MALPRACTICE?

Medical malpractice occurs if a hospital, doctor, nurse, or other health care professional provided you with substandard care by failing to properly diagnose your condition or treat it appropriately, resulting in complications, damage, or serious injuries.
Malpractice can occur either through an act or an omission. An act is an action taken by the medical professional that results in damage to the patient. An omission, on the other hand, is when the professional does not perform an action that is necessary to properly treat the patient. In either case, the professional is liable for the damages which are caused by his or her negligence.

 

FOUR ELEMENTS MUST BE PROVEN TO WIN A MEDICAL MALPRACTICE CASE. YOU MUST PROVE THAT THERE WAS:

  • Patient/doctor relationship: You must be able to prove that you had a physician-patient relationship with that specific doctor.
  • Breach of duty of care: Medical practitioners owe a duty of care to their patients to meet the prevailing standard of care in their industry. To breach this duty of care, the medical professional must act in a manner inconsistent with how a similarly trained medical professional would have acted in the situation.
  • Causation of injury: The medical professional’s breach of duty, whether it be an action or a failure to act, must have caused the patient’s injury.
  • Damages: It must be shown that the injury resulted in damages to the patient. Damages may include medical expenses, lost wages, loss of earning capacity, or pain and suffering.

WHO CAN SUE

The plaintiff in a medical malpractice case is usually the victim of the malpractice. In some cases, another party can be designated to represent the victim, for example, if the victim is a child or has a mental impairment. If the victim has died as a result of malpractice, the executor of the victim’s estate can sue the medical professional for wrongful death.

WHEN YOU MAY SUE

There are legal limitations on the amount of time that can pass between the victim suffering injury due to medical malpractice, and initiating a lawsuit against the professional responsible for that malpractice.
In Florida, the statute requires a victim to sue within two years of the date on which he or she discovers, or reasonably should have discovered, the injury. There are a few exceptions, so it is best to consult with a lawyer before your case gets near the deadline.

MEDICAL MALPRACTICE DAMAGES

  • Medical expenses: The cost of hospital or doctor visits, medication, therapy, and more.
  • Lost wages and loss of earning capacity: If the injury forces the victim to miss time at work, damages may include loss of wages or future ability to earn wages.
  • Pain and suffering, loss of the ability to enjoy life, loss of consortium, and more: Victims may receive compensation for the physical and emotional pain they endure due to their medical malpractice injuries.
    In some cases, such as permanent injuries, spouses may also be compensated for the loss of the victim’s companionship or affection. 

COMMON TYPES OF MEDICAL MALPRACTICE THAT YOU MAY HAVE ENCOUNTERED

  • Misdiagnosis/delayed diagnosis: A medical professional may fail to diagnose an illness or injury accurately, or fail to diagnose the issue in a reasonable time period. 
  • Surgery errors: A surgeon may cause additional damage while operating, or nursing staff may fail to provide adequate post-operative care.
  • Medication errors: A prescribing doctor may incorrectly write the prescription drug choice or dosage, or a nurse may fail to administer a prescribed medication. 
  • Anesthesiology errors: An anesthesiologist may use anesthesia erroneously or err in monitoring the patient’s vital signs, in the intubation of a patient, or in the use of faulty equipment. 
  • Failure to warn a patient of known risks: Doctors must warn patients of the known risks of a specific treatment or procedure beforehand, the failure to do so may be malpractice or battery.
  • Childbirth issues: A medical professional may misdiagnose issues in prenatal care or fail to make a diagnosis, despite symptoms indicating an illness or complication. The doctor may also make mistakes during the birth itself. 
  • Other common situations include:
        – Errors in the emergency room
        – Problems with a medical device
        – Improper Treatment
        – Postoperative Negligence
        – Hospital errors

Whether you or a loved one were the victims of medical malpractice or negligence at a hospital, doctor’s office or emergency room, our team of lawyers can help you seek the compensation you deserve.

WHAT OUR CLIENTS SAY

“Patricia Crauwels and Margaret Good represented our company very capably and presented a compelling case in our recent jury trial. In fact, the jury found in our favor and dismissed the notion that we bore any liability due to this event (which was, frankly, unexpected). This was due to the excellent plan and hard work they both put forth on our behalf. We were very pleased with the outcome and would recommend EC&D for legal needs your company may have.

Kudos and thanks, too, to Alisa Vizcarra, who organized us all and communicated with pleasant professionalism over the past 18 months.”

– RICK KRIEGER

“Used services of this law firm back in 2012. Have been tried two different attorneys before. Based on my previous experiences I can say they did a good job in my case. If you like me having a tough personal injury case – that’s the firm in Sarasota area to call.”

– BILLER REINHART

4.9
Based on 10 reviews
Raqui S.
Keith was referred to me by a friend after I got into my first (and hopefully last) car accident and I can say this man is a BLESSING! He made sure that I knew what was going on every step of the way and answered any questions I had. He’s very honest and open about how he works and I appreciate that. He’s definitely going to be the lawyer I refer anyone to if they find themselves in an accident.
Eric T.
Excellent Firm!
Bernie L.
My wife was the victim in a horrific car accident. The care that Keith and Marcia showed us goes above and beyond anything we could have expected from a law firm. There is no way that an ordinary citizen could possibly navigate the insurance companies, hospitals, the opposing side, without the help of an attorney. Keith, Marcia, and the entire firm bring a great deal of honour to that profession. Should you ever be in need I can't recommend them highly enough.
Qinghua W.
I was referred to Mr. DuBose when I was injured in an adverse auto collision. Mr. DuBose and his team has helped me to persevere through a difficult time in my life and helped me settled the case. I am very glad I chose this prestigious law firm. The whole team is extremely professional and supportive. Mr. DuBose is simply the best. He is very knowledgeable, professional and compassionate. I am very impressed with his legal aid, Christina, as well. She is always there to listen to your concerns and respond to you in a timely manner. My experience with this law firm has been very enjoyable, and I will be recommending it to family and friends.Thank you, Mr. DuBose and your team.
Tara O.
K Dubose is a go getter he will make sure he do all he can to take care of his clients thank you so much!! Everyone that I've come across has been very friendly makes your situation a bit better to know you have such great support 🙂
Dana N.
Denvil G.
Great attorney's.
Rick K.
Patricia Crauwels and Margaret Good represented our company very capably, and presented a compelling case in our recent jury trial. In fact, the jury found in our favor and dismissed the notion that we bore any liability due to this event (which was, frankly, unexpected). This was due to the excellent plan and hard work they both put forth on our behalf. We were very pleased with the outcome and would recommend Matthews Eastmoore for legal needs your company may have.Kudos and thanks, too, to Alisa Vizcarra, who organized us all and communicated with pleasant professionalism over the past 18 months.
AJ G.
The best attorney's in south west FL will leave no stone unturned in finding justice a pleasure to work with and just all around great people would highly recommend to anyone needing personal injury attorney
Biller R.
Used services of this law firm back in 2012. Have been tried two different attorneys before. Based on my previous experiences I can say they did a good job in my case. If you like me having a tough personal injury case - that's the firm in Sarasota area to call.

If you feel you have been the victim of medical malpractice, call Eastmoore Crauwels & DuBose  at 941-366-8888 or schedule a free consultation. Our experienced attorneys will give you the help you need to achieve the justice you deserve.

CONTACT EASTMOORE CRAUWELS & DUBOSE

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. We do not undertake representation of your claims until all parties involved have entered into a signed agreement. If we have not entered into a signed agreement with you, you may want to speak with other attorneys regarding your claims since statutes of limitations may apply.

MEDICAL MALPRACTICE

PHYSICIAN NEGLIGENCE

NURSING NEGLIGENCE

HOSPITAL NEGLIGENCE

WRONGFUL DEATH

A “Wrongful Death” occurs when a person dies as a result of another’s negligence or malpractice.  The underlying principles of negligence and malpractice remain the same, only the measure of damages change.  A “Wrongful Death” can be caused by a negligent driver in an auto accident, a negligent driver in a truck accident, or from the negligence of a doctor or a hospital.  If the injured person survives, he or she is entitled to a recovery for personal injuries.  However, if the injured person dies, damages move from the injured person to the surviving spouse and in some cases to the decedent’s children or estate.  The claim must be brought by the decedent’s Personal Representative.  Like Personal Injury and Medical Malpractice claims, the lawyers of Eastmoore Crauwels & DuBose have handled dozens of Wrongful Death actions and are well equipped to aggressively litigate the rights of all survivors.

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PROFESSIONAL MALPRACTICE

LEGAL MALPRACTICE

ACCOUNTANT MALPRACTICE

PHARMACY MALPRACTICE

ARCHITECT MALPRACTICE

ENGINEERING MALPRACTICE

PRODUCT LIABILITY LITIGATION

AIRBAG FAILURES

DRUG INTERACTIONS

MEDICAL IMPLANTS

DEFECTIVE PRODUCTS

Patricia D. Crauwels

Board Certified Civil Trial
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Theodore C. Eastmoore

Board Certified Civil Trial
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