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Sick of Being Mistreated? What to Know About Medical Malpractice

Posted by Goldberg Noone Abraham | Feb 09, 2015 | 0 Comments

Here's To Your Health – Medical Malpractice Lawsuits, and Things You Need to Know

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At the medical malpractice law firm of Goldberg, Racila, D'Alessandro & Noone, we receive many inquiries concerning someone who feels they have suffered a serious injury due to medical malpractice. Our website,, as well as many lawyer resource websites like AVVO,, and others, provide a means by which people like you can write to us with their legal questions – and the majority of our inquiries are about medical malpractice.

Many questions seem to originate from Cape Coral, Port Charlotte, Punta Gorda, Englewood and Venice, Florida. To be candid, these questions are most often from an elderly person who has either been victimized by someone in the medical profession, or is writing on behalf of a loved one who has. One could assume that based on the large populations of older persons who live in those areas – either year-round or as snowbirds – doctors, dentists, chiropractors, physical therapists, nurses and a host of others involved in the administration of medical care are extremely busy. Sadly, many of these medical appointments or procedures do not go as planned, and the patient ends up with a serious injury as the result of someone else's negligence.

In the legal practice of medical malpractice law, there is a wide variety of possible legal claims that can come into play. Many people don't know what to do or where to turn if they have been injured by a medical practitioner – that's why we get so many questions via our website.

What Exactly is Medical Malpractice?

Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider. It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act, or from acting improperly.

It is difficult for one of our medical malpractice attorneys at Goldberg Law to state the applicable statute of limitations for medical malpractice claims in Florida without fully knowing the facts of a particular claim. That's why we provide a form to be filled out on our website, completely confidential and simple to send to one of our lawyers. People can describe their situation in detail, and a Cape Coral or Port Charlotte medical malpractice lawyer will contact you immediately to personally review your specific situation, at no cost and without any obligation on your part.

The Statute of Limitations begins with a two (2) year limitation from the date of the malpractice. The Statute language could extend that period to as long as four (4) years and, in some instances, to even seven (7) years. In Florida, it is also important to know the date when the malpractice was first known by the patient or the survivors of the patient. If there is a suspicion that medical malpractice has occurred, it is advisable to consult with an attorney experienced in medical malpractice as soon as you feel you have been victimized. Our med mal attorneys, backed by years of countless successful case settlements and trials, will determine if you have a valid case, and then begin to fight aggressively for your legal rights, and the financial compensation to which you are entitled as a result of your injury.

In many cases of medical malpractice, a person's injuries may lead to a lifetime of suffering, pain, physical or therapeutic rehabilitation, and serious ongoing medical care. Without a competent and tenacious medical malpractice attorney at your side, you risk the ability to achieve a favorable outcome of your case, and the opportunity to at least try to put your life back in order.

Many people also don't fully understand how a medical malpractice case works, exactly, when they hire our firm to represent them. When we take your case, you owe us nothing unless our efforts result in a successful outcome on your behalf. In fact, our med mal lawyers, paralegals and insurance claims analysts will take over every aspect of your medical malpractice claim, dealing with the doctor, hospital or other medical services provider, as well as the seemingly endless barrage of large insurance companies whose job it is to make sure you receive no money for your injuries. And you can bet everything you've got that the investigators and insurance adjusters will be relentless in the pursuit of denying your claim entirely, or paying you the very minimum they can get away with.

Having the right medical malpractice attorney representing you and your best interests just makes sense.

There are so many circumstances in which someone can suffer a serious, life-changing injury – or even lose their life – in a case of possible medical malpractice:

  • Injuries to babies in childbirth
  • Failure to diagnose childhood immune deficiency
  • Medication errors
  • Surgical errors
  • Hospital infections
  • Medical or medicinal diagnosis
  • Pharmacist negligence
  • Dental / oral surgery negligence
  • Failure to correctly diagnose an illness

Under Florida law, someone suing for medical malpractice is required to first conduct an investigation to determine whether there are reasonable grounds on which to believe that the person's injury was caused by medical negligence. The plaintiff must also notify prospective defendants of his or her intent to sue before filing a complaint in state court, including an expert opinion corroborating that there are reasonable grounds to support the claim.

If you feel you feel you or someone you care about has been the victim of medical malpractice, we urge you to visit our website to learn more about our attorneys who work with clients throughout Cape Coral, Port Charlotte, Punta Gorda and the entire Southwest Florida region. We will be happy to sit down with you face-to-face to explain our past success in medical malpractice cases for our clients, and to talk about our legal strategy for moving forward on your case.

Please don't make the mistake of trying to handle a medical malpractice situation on your own. Let us provide the answers and the help you need.

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Aggressively Defending the Injured

Insurers will do everything they can to keep their money when you need it the most. Do not let them have the last word. Contact our firm to talk about how we might help you with your case. To schedule your free initial consultation, call 239-461-5508 or write to us using our online form. We look forward to helping you move forward from a difficult situation.