Medical Malpractice Lawyers

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If you or a loved one suffered through medical malpractice—whether in a hospital, emergency room, urgent care clinic or other health care facility—it is wise to seek the counsel of an experienced attorney as soon as possible.

At Fayssoux and Landis, P.A., we understand the complexity of handling a case that requires both legal and medical expertise. Whether the case necessitates a thorough investigation of the diagnostic steps, research on the operational history of the medical machinery used, or reliance on trusted medical experts for their valuable insight, you can trust our assessment. Call us today for a cost and commitment-free consultation.

Past Verdicts & Settlements

• $10,900,000 Verdict – Failure of treating physicians to diagnose and treat an infected joint, which led to septic shock and death
• $550,000 Settlement – Client experienced declining vision after LASIK surgery.

Commonly Asked Questions:

What is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or medical professional fails to properly carry out their medical duties. Medical malpractice often results in an injury to a patient due to the health professional’s negligence or oversight. There are many categories of malpractice, and it could be the result of diagnosis, treatment, aftercare, or simple healthcare management.

Laws vary state to state, but there are some general principles regarding malpractice that are consistent across the nation.

At the root of a medical malpractice claim (as with any legal claim) is proof of malpractice by the healthcare professional. As one might guess, this is the most difficult part of any medical case.

What About Pharmaceutical Malpractice?

Pharmacies fulfill prescriptions that prevent countless deaths, alleviate or cure disabilities, and improve our overall quality of life. You may depend on them to provide comfort and address specific symptoms. We often take for granted the ease with which we receive the proper medicine, which makes it even more jarring when you collect a mislabeled, misfilled or defective prescription. Such mistakes can result in serious injury or death.

Reach out to Fayssoux and Landis and following a free consultation we can provide an honest assessment of your case.

Basic Requirements for a Malpractice Claim

A Doctor-Patient Relationship
The physician must prove that a professional relationship existed between themselves and the medical professional in question. There must be a client-patient agreement in place, namely, “informed consent” to treatment, advice, or diagnosis. This means that a doctor friend prescribing an OTC medication outside of an official doctor’s visit wouldn’t hold up in court.

A Doctor’s Negligence
This means that there must be an error or oversight. An unfavorable diagnosis or treatment that doesn’t work are not grounds for medical malpractice. There must be proof that the doctor caused some sort of harm that a competent doctor would not have. The patient has to be able to show that negligence caused the harm.

The Injury Resulted in Significant Damages
These first two requirements can be met, but if it isn’t clear the negligence resulted in significant damages, the patient can’t sue. The types of damages / harm can include physical pain, mental anguish, additional medical bills, and lost work or earning capability. Because of this, medical malpractice can play a role in workers’ compensation claims as well.

Advice for Victims of Medical Malpractice

Bring the Case as Soon as Possible
In most states, the case must be brought forward somewhere between six months and two years from the time of the incident. This statute of limitations is really important, as the case will be dismissed if not brought forward in the appropriate timeline set by the state. 

Hang Onto Any and All Evidence
If one has any reason to believe there was any negligence in a procedure, appointment, surgery, diagnosis, or follow-up – it’s crucial to hang onto any and all evidence associated with the event. As tricky as these cases are, it’s critical not to let any upper hand be lost.

Consult Legal Counsel
This page is not legal counsel, but general information on the subject. Each state has different laws and requirements around medical malpractice claims, so it’s vital you seek experienced legal counsel.