How to Find Out if a Doctor Has a History of Medical Malpractice in Florida?
Gregg Hollander | May 27, 2024 | Medical Malpractice
When you or a loved one suffers a serious injury at the hands of a doctor, it can turn your world upside down. You put your trust in medical professionals to provide competent care.
When doctors make negligent mistakes, the consequences can be devastating – physically, emotionally, and financially. If you find yourself in this heartbreaking situation, you may be wondering: How can I find out if my doctor has a history of medical malpractice in Florida?
Discovering that your doctor has faced prior malpractice claims can help you seek the compensation you deserve. An experienced medical malpractice attorney in Boca Raton, Florida can prove liability, stand up for your rights, and fight for the full and fair compensation you deserve.
How Do I Check a Doctor for Malpractice Claims in Florida?
Finding out whether your doctor has a history of medical malpractice in Florida will require some research. Here are steps and resources a lawyer might use:
Florida Department of Health
The Florida Department of Health maintains a searchable online database of all licensed medical professionals in the state, including:
- Medical doctors
- Advanced registered nurse practitioners
- Osteopathic physicians
- Podiatric physicians
- Chiropractic physicians
You can conduct a Practitioner Profile Search using the doctor’s name to view their licensing information, education and training, specialty certifications, disciplinary history, and public complaints.
The profile will note if the doctor has been reported for misconduct or disciplined by the licensing board. Note that these profiles are based on information submitted by the medical provider. The information is not verified except where indicated.
Florida Office of Insurance Regulation
Florida law requires doctors to report all closed malpractice claims to the Florida Office of Insurance Regulation (FLOIR). You can use FLOIR’s Medical Malpractice Closed Claim Database Search tool to search for claims against the doctor by name.
Results will show key data on specific incidents, including date, allegation, injury severity, indemnity amount paid, and more.
Florida is just one of a few states that makes this information public record.
Local Court Records
Malpractice lawsuits are matters of public record. Visit the courthouse in the county where the doctor practices and request to view any cases naming them as a defendant.
In Palm Beach County, you may access court records online through the Clerk of Court’s website. Court records will show active and closed cases, regardless of the outcome.
Florida Board of Medicine
The Florida Board of Medicine is the state’s physician licensing board. Check their online database to view a doctor’s license status, disciplinary history, and board orders related to professional misconduct.
If you uncover evidence that your doctor has a history of medical malpractice, it’s important to discuss your findings with an experienced Florida medical malpractice lawyer. Prior claims and disciplinary action could bolster your own case.
What Constitutes Medical Malpractice in Florida?
Medical malpractice occurs when a doctor, hospital, or other healthcare provider fails to follow the recognized standard of care and a patient suffers harm as a result.
The medical standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the malpractice.
Some of the most common examples of medical negligence include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Anesthesia errors
- Medication errors
- Failure to properly monitor a patient
- Birth injuries
- Failure to obtain informed consent
- Discharging a patient too soon
To have a valid medical malpractice claim in Florida, your attorney must prove:
- A doctor-patient relationship existed.
- The doctor was negligent and failed to uphold the medical standard of care.
- The doctor’s negligence caused you harm and actual damages.
The Florida statute of limitations requires that plaintiffs file most medical malpractice lawsuits within two years of the date the patient (or a parent or guardian) either knew or should have known about the injury and its potential cause.
The court can dismiss claims not filed within this time limit, so speak with a knowledgeable Florida medical malpractice attorney immediately.
What Should I Do if I Am the Victim of Medical Malpractice in Florida?
If you suspect that you or a loved one is the victim of medical malpractice:
- Seek medical attention to address complications, injuries, or worsening of your condition. Follow your new doctor’s treatment recommendations. Ask for copies of all medical records related to the malpractice.
- Write down everything you can remember about the incident, as well as any relevant events before and after. Keep a journal of your injury symptoms and recovery process.
- Gather evidence to support your claim, such as medical records, photos of injuries, correspondence with your doctor and their staff, receipts for out-of-pocket expenses, and witness statements.
- Be careful about communicating with the doctor or their representatives. Decline to give a recorded statement. Refer all calls to your lawyer.
- Contact an experienced Florida medical malpractice lawyer to discuss your rights and legal options. Your attorney can thoroughly investigate your case, gather essential evidence, and build a strong case for maximum compensation.
What Types of Compensation Can I Get for Medical Malpractice?
If a doctor’s negligence seriously harmed you in Florida, you may recover compensation for:
- Past and future medical expenses
- Lost income
- Loss of earning capacity
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
- Loss of enjoyment of life
In cases that involve particularly egregious misconduct, the court may also award punitive damages. While rare, these damages punish the wrongdoer and deter similar negligence.
If you lost a family member due to fatal medical malpractice, you may file a wrongful death lawsuit. Surviving spouses, children, and parents may recover damages for medical and funeral expenses, lost income and benefits, loss of services and support, and mental pain and suffering.
How Can an Attorney Help You?
Medical malpractice is a complex area of law. Doctors, hospitals, and their insurers have extensive resources and will fight hard to avoid liability. To level the playing field and protect your rights, you need a skilled and trial-tested Florida medical malpractice lawyer on your side.
At Hollander Law Firm Accident Injury Lawyers, we have a proven track record of success in complex medical malpractice cases.
We can help you by:
- Providing a free and confidential case review to explain your rights and options
- Investigating to uncover evidence that your doctor has a history of malpractice
- Conducting a thorough review of your medical records with the help of expert witnesses
- Documenting the full extent of your injuries and damages
- Handling all communication and negotiations with the doctor, hospital, and insurance companies
- Filing a lawsuit and presenting a compelling case for the compensation you deserve
FAQs on Medical Malpractice and Doctor Histories in Florida
Can I sue a doctor for medical malpractice in Florida?
Yes. If a negligent doctor fails to provide treatment that meets the accepted medical standard of care and injures you, you can file a medical malpractice lawsuit against the doctor.
In some cases, you may also file a claim against the hospital, medical practice, or other healthcare providers who contributed to your injuries.
Do all doctors with a history of malpractice claims get disciplined?
No. A malpractice claim is a legal matter and may get settled without the doctor admitting wrongdoing or facing professional discipline.
The Florida Department of Health only takes disciplinary action against doctors who are found to have committed misconduct that violates state laws and regulations.
Will my medical malpractice case go to trial?
Maybe. Many medical malpractice cases get resolved through out-of-court settlements. But if the doctor and their insurer refuse to offer fair compensation, your lawyer may recommend taking your case to trial.
How much does it cost to hire a medical malpractice lawyer?
Most Florida medical malpractice lawyers work on a contingency fee basis.
With a contingency fee, you don’t pay any upfront costs or legal fees. If your case is successful, your lawyer will receive a percentage of the money recovered. You won’t owe any attorney’s fees if your case does not recover compensation.
How much compensation will I get for medical malpractice?
The value of your medical malpractice claim will depend on factors such as the severity of your injuries, your actual financial losses, whether you are facing long-term impairments, and the strength of the evidence in your case.
An experienced medical malpractice lawyer can give you a better idea of what your case may be worth.
Contact a Florida Medical Malpractice Attorney for a Free Consultation
At Hollander Law Firm Accident Injury Lawyers, we understand that no one plans to be the victim of medical malpractice. When a negligent doctor seriously harms you, they can hurt every aspect of your life.
Our mission is to help you find answers and pursue the justice and compensation you need to heal and move forward.
If you suspect that you or a loved one is the victim of medical malpractice, don’t wait to get legal help. Even if you aren’t sure whether you have a case, contact our caring and compassionate legal team of personal injury lawyers today for your free consultation. We’ll listen to your story, answer your questions, and explain your options for holding the doctor accountable.