Medical Malpractice FAQ

The attorneys at Moody Law can answer your questions if you are looking to learn more about medical malpractice litigation. A lawyer from our law firm serving Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City, can review your case and advise you of your rights and represent you in claims for medical malpractice. In Florida there are specialized legal requirements that must be followed before filing a medical malpractice claim or case. We can explain your legal rights to you in a concise and comprehensible manner. We hope that this list of frequently asked questions can serve as a good starting point in your research of medical malpractice litigation. If you would like to schedule a free, no-obligation consultation and case review, we urge you to contact a medical malpractice lawyer from our firm today. Over the years, Mr. Moody has gained an enormous amount of experience in representing medical malpractice claimants that has translated into success. We can help ensure that your legal rights are protected if you or someone you love has suffered at the hands of a negligent care provider.

  • What is medical malpractice?
  • What is a standard of care?
  • Who can file a medical malpractice lawsuit?
  • Can I file a medical malpractice claim if I have signed a consent form?
  • Do I need a medical malpractice lawyer?

What is medical malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, surgeon, nurse, anesthesiologist, or other medical technician, causes injury or illness to a patient because he or she failed to abide by the professional standard of care. While medical science is not perfect, there are some healthcare professionals whose treatment of the patient falls below the standard of care. When complications arise during the course of a patient's care, it must be determined whether they resulted from natural causes or a health care provider's negligence before a malpractice claim can be filed. Medical malpractice is a serious claim that we do not take lightly. Serious medical malpractice can often kill or leave a person devastated.

What is a standard of care?

For professionals who have a duty of care, such as doctors, nurses, and medical professional, the standard of care is the degree of attention and diligence that they must exercise in the performance of their duties. A failure to meet the accepted standard of care can be grounds for a medical malpractice lawsuit if it results in injury or death. In general, the standard of care is defined as the manner in which a reasonable and prudent professional would perform his or her duties in a given situation. A medical malpractice lawyer from our firm, serving Lakeland, Bartow, and Winter Haven, can review your case and determine liability if you have a meritorious malpractice claim.

Who can file a medical malpractice lawsuit?

Anyone who is injured, becomes ill, or suffers unreasonable medical complications as a result of a healthcare provider's negligent actions can file a medical malpractice claim. In the event that a minor is harmed as a result of medical malpractice, the parents of the child can file a personal injury claim on his or her behalf, and family members and spouses may be able to file a wrongful death claim against the negligent healthcare provider if someone they love has died as a result of malpractice. In addition, Florida has placed special restrictions on who can file a lawsuit in medical malpractice cases involving death. An attorney at Moody Law can help you sort through the legal aspects of your case.

Can I file a medical malpractice claim if I have signed a consent form?

Yes, signing a consent form indicates that you understand the inherent risks associated with the procedure that you will undergo. Signing a consent form does not authorize a health care provider to deviate from the standard of care or to and act negligently. If you have signed a consent form and were injured as a result of a doctor's negligence, you are not prevented from filing a medical malpractice claim.

Do I need a medical malpractice lawyer?

The successful resolution of a medical malpractice case requires an extensive understanding of the law and the resources to obtain expert medical testimonials. Florida law requires a medical malpractice claim to be filed with a statute of limitations. In many instances, a claimant has only two years from the date of injury or death. We recommend that you act quickly and consult a lawyer as soon as possible regarding your claim. Under Florida’s tort reforms, there are several pre-suit requirements that must be met before you can bring a medical malpractice claim. As these reforms have increased, the process has become longer and more complicated. If you or someone you love has suffered as a result of a preventable medical error in the greater Central Florida area, a medical malpractice lawyer from our Lakeland office, serving Winter Haven and Bartow, will work diligently to see that you obtain the financial compensation to which you are entitled. If you would like to schedule a free consultation and case review, contact Moody Law today.

Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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