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High Stack – Brevard County’s Trusted Medical Malpractice & Negligence Attorneys

When Healing Harms: Understanding Medical Malpractice & Negligence in Brevard County, Florida

medical malpractice

In times of vulnerability, we place our trust – and our very lives – in the hands of healthcare professionals. The residents of Brevard County trust the skilled teams at our local hospitals, surgical centers, and specialist clinics to provide competent and careful care. This trust is often well-founded, but when doctors, nurses, hospitals, or technicians fail to meet the expected standard of medical care, the consequences can be devastating. These failures can turn a path to recovery into a lifelong struggle with injury, disability, and financial hardship.

Medical malpractice represents a serious breach of this trust. It is not simply an unexpected bad outcome that medicine acknowledges can happen despite best efforts. True malpractice is caused by negligence and is preventable. It is a deviation from professional standards that patients have a right to expect. On the Space Coast, where our community relies on a network of healthcare providers, it is important to understand your rights after an error. Not only is it prudent, but it is essential for protecting your family’s future.

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What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, surgeon, or technician, deviates from the standard of care in treating a patient, and that deviation causes harm to the patient. The standard of care is legally defined as the level of care that a reasonable and competent professional with similar training and experience would provide in similar circumstances.

It is important to understand that poor medical outcomes alone are not considered malpractice. Medical science is imperfect and not all treatments are effective. To prove a case, it must be shown that a medical professional was negligent, that their care fell below the standard of care, and that this negligence directly caused specific injuries. Examples include misdiagnoses, surgical errors, medication mistakes, or failure to obtain informed consent.

Types of Medical Malpractice & Negligence in Healthcare Settings

Medical errors can happen at any point in the care continuum. In our practice across Brevard County, we frequently encounter several distinct categories of negligence:

  • Misdiagnosis or Delayed Diagnosis: This is one of the most common types of medical malpractice. If a doctor fails to identify a condition such as cancer, heart disease, or stroke in a timely manner, it can lead to a missed opportunity for effective treatment and allow the illness to worsen.
  • Surgical and Anesthetic Errors: These can range from operating on the wrong part of the body or patient, forgetting surgical instruments inside the patient, or making mistakes with anesthesia dosages that can cause brain damage or even death. For example, before joining High Stack, attorney Gordon helped secure a $4.5 million settlement for a young girl who became paralyzed after her surgical team failed to react appropriately when her vital signs dropped during spinal surgery.
  • Medication and Prescription Errors: This includes prescribing the wrong medication, the incorrect dosage, or not taking into account dangerous drug interactions. These errors can occur at the doctor’s office, pharmacy, or hospital bedside, and can have serious consequences.
  • Birth Injuries: Negligence during prenatal care, labor, or delivery can lead to lifelong conditions such as cerebral palsy, Erb’s palsy, or brain damage in infants, as well as serious harm to mothers.
  • Hospital Acquired Infections and Neglect: When hospitals fail to follow proper sanitary protocols or monitor patients adequately, this can result in serious complications such as sepsis, bedsores, and falls. The hospital may be held accountable for these incidents.
  • Failure to obtain informed consent: Physicians must explain the risks, benefits, and alternatives of procedures to patients. Performing different or more invasive procedures without the patient’s knowledge is a violation of their rights.

  • Mr. Kirby is absolutely amazing and professional! This lawyer really “get’s it”. He is down to earth, patriotic, fair, and intensely thorough. As a retired army guy who understand what right looks like, I highly recommend the High Stakes Law Firm to anyone who wants to get the job done right, the first time.

    David

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What Damages Can Be Recovered in a Florida Malpractice Case?

Florida law allows injured patients to seek compensation for their full range of losses, known as “damages.” These damages are typically divided into two main categories:

  1. Economic Damages: These are financial losses that can be quantified, including past and future medical expenses, rehabilitation costs, loss of wages, loss of earning capacity, and other out-of-pocket expenses related to the injury.
  2. Non-Economic Damages: These compensate for intangible but significant impacts of the malpractice, such as pain and suffering, emotional distress, loss of quality of life, physical disfigurement, and damage to family relationships.

Florida law places statutory limits on non-economic damages in certain medical malpractice cases. This makes it essential for skilled legal professionals to navigate the system in order to maximize recovery. A thorough evaluation of the case is necessary to fully understand the value of your claim.

The Medical Malpractice Timeline: A Complex Legal Journey

Pursuing a malpractice case in Florida is a complex process that is governed by strict regulations:

  1. Pre-suit Investigation (90-Day Period): Florida law requires a thorough pre-suit investigation before a lawsuit can be filed. This includes obtaining the opinion of a verified medical expert to determine whether there is reasonable cause for negligence. The potential defendant will then be notified, and they will have 90 days to review the information, potentially leading to an offer to settle or a refusal.
  2. Filing a Lawsuit: If the dispute is not resolved during the pre-suit phase, a formal complaint will be filed in court. The defendant will be required to respond, and the “discovery” phase will begin.
  3. Discovery Phase: This is the fact-gathering stage, where both parties exchange information through interviews, written questions, and document requests. Your legal team will collaborate with top medical professionals to establish an unquestionable link between the healthcare provider’s negligence and your injuries.
  4. Mediation and Settlement: Most cases are settled before trial through negotiations or mediation – a structured meeting with a neutral third party to reach a compromise. Our firm has a proven track record of achieving favorable settlements during this stage.
  5. Trial: If a fair agreement cannot be reached, the matter proceeds to trial, where a judge or jury hears the evidence and renders a verdict.

It is essential to act promptly. Florida has a strict two-year statute of limitations from the time of an incident or when it should reasonably have been discovered, with a four-year absolute limit in most cases.

Why Choose Our Brevard County Medical Malpractice Team

Choosing the right legal advisor is the most crucial decision you will make. High Stack Law Firm has unique advantages that can benefit your case:

  • Deep-Rooted Florida Experience: With over 60 years of experience fighting for Florida residents, we understand the state’s courts, laws, and tactics used by hospital and insurance defense teams.
  • A History of Success in Medical Negligence Cases: We are not a general law firm that dabbles in various areas. We have successfully concluded significant medical negligence cases in the past, leveraging our extensive resources to take on well-funded defendants.
  • Community Presence: Our Melbourne office means that we are your local lawyers. We are committed to the Brevard County community and provide personalized, accessible counsel while drawing on the strength of our nationwide firm.
  • A Proven Track Record: Our recovery of over $100 million for clients, including multi-million dollar settlements in catastrophic injury cases, demonstrates our ability to provide life-changing results.

  • David Gordon and his team worked consecutively for over two years to ensure that my case was settled fairly. I am very grateful for their hard work and the outcome. Thank you David Gordon, and team! Hopefully I will not need representation ever again, but if I do, I will be calling you!!!

    Linsey

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Take Action to Protect Your Rights

If you or a loved one in Brevard County suspects that a serious injury was caused by a medical error, it is important to act quickly. It is not recommended to navigate this complex and emotional process alone. Medical and insurance companies often have powerful legal teams that work to minimize their liability.

Contact The High Stack Law Firm today for a confidential case evaluation. Let us listen to your story, analyze the facts, and explain your legal options. With our combined centuries of experience, network of medical experts, and proven track record, we will work tirelessly to fight for the justice and compensation you deserve to rebuild your life.

Common Medical Malpractice & Negligence FAQ

What is the legal definition of medical malpractice in Florida?

Medical malpractice occurs when a healthcare provider deviates from the accepted “standard of care”—the level of treatment a reasonably competent professional would provide—and that deviation directly causes a patient’s injury. A bad outcome alone is not malpractice; you must prove both negligence and that it caused specific harm.

What are the most common examples of medical negligence?

Common examples include misdiagnosis or delayed diagnosis (e.g., of cancer or a stroke), surgical and anesthesia errors (wrong-site surgery, retained instruments), medication mistakes, birth injuries, hospital-acquired infections or neglect, and failure to obtain a patient’s informed consent before a procedure.

What is the pre-suit investigation period, and why is it critical?

Florida law requires a 90-day pre-suit process before filing a lawsuit. Your attorney must first obtain a verified medical expert’s opinion that reasonable grounds for negligence exist. This notice triggers a period where the healthcare provider can review the claim and potentially settle. Navigating this complex phase requires specific expertise and access to qualified experts.

What compensation can I recover in a malpractice case?

You can seek “damages” for two main categories: Economic Damages (quantifiable losses like medical bills, lost wages, and future care costs) and Non-Economic Damages (intangible losses like pain, suffering, and loss of enjoyment of life). Florida law places statutory caps on non-economic damages in many cases, making expert legal valuation essential.

How long do I have to file a medical malpractice lawsuit?

Florida has strict deadlines. Generally, you have two years from the date of the incident or from when the injury was discovered to file. However, there is an absolute four-year deadline in most cases, regardless of discovery. Due to the required pre-suit investigation, consulting an attorney immediately is crucial to avoid missing these windows.

What makes your firm different in handling these cases?

Our firm brings a 60-year legacy of Florida-specific expertise, dedicated focus on complex injury law, and the resources to immediately consult medical experts. Our proven record of multi-million dollar recoveries and reputation as trial-ready attorneys provides critical leverage in negotiations with hospitals and insurers.

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