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Practice areas

Medical Malpractice

  1. Nursing Home Abuse & Neglect

    With over 1.5 million elderly and dependent adults now living in nursing homes throughout the country, nursing home abuse, negligence, and neglect has become a widespread problem. Even though some nursing homes provide good care, many (far too many) are subjecting helpless residents to needless suffering and death. Most residents in nursing homes are dependent on the staff for most or all their needs such as food, water, medicine, toileting, grooming, stimulation, and turning – almost all their daily care. Unfortunately, many residents in nursing homes today are starved, dehydrated, over-medicated, and suffer painful pressure sores, all of which are…

  2. Doctor Patient Relationship

    The duty of a doctor or other medical professional to provide care to a patient is usually established by voluntary agreement between the doctor and the patient. By this agreement, the doctor and patient form a doctor-patient relationship. Once a doctor-patient relationship is established, the doctor has a duty of care to the patient. However, even if there is no actual agreement between the doctor and the patient, the law assumes that there is an agreement under certain circumstances. For example, if family members seek treatment for an unconscious patient, the law assumes that there is an agreement between the doctor…

  3. Informed Consent

    Medical malpractice cases are concerned with whether a medical professional was negligent, or careless, in providing medical care. A medical professional may also be liable for failing to obtain a patient’s informed consent. However, the damages a patient may recover in this kind of medical liability action are different from the damages that might be obtained in a medical malpractice negligence action. The law of medical malpractice initially grew out of the intentional tort of battery, an unlawful, non-consensual touching. If a doctor failed to get the patient’s consent to treatment, the treatment was regarded as a battery. This view…

  4. Standard of Care & Causation

    A medical professional may have been negligent in providing care to a patient, but sometimes that negligence is not the cause of the injury suffered by a patient. Because the law requires a connection between fault and injury, not all instances of medical malpractice justify an award of damages. Determining causation in medical malpractice cases often is very complicated and usually requires the assistance of expert witnesses as well as an experienced medical malpractice attorney. Expert witnesses are usually required in medical malpractice cases: to establish the prevailing standard of medical care in the geographical area or the area of…

  5. Liability

    Hospitals are generally liable for any actions of their employees that are undertaken within the scope of their employment. For example, a hospital is responsible for the actions of a nurse employed by the hospital in the course of providing care in the hospital. Questions regarding the liability of hospitals frequently arise when they involve the actions of a doctor who is not an employee of the hospital: a doctor may not be on staff, but only have privileges at the hospital a doctor may be on the staff of the hospital but bill patients directly for services rendered Traditionally,…

  6. Damages

    Usually there are two types of damages available in a negligence medical malpractice case: actual damages and punitive damages. Actual damages include the cost of additional medical treatment, lost wages, lost future earning capacity, and pain and suffering caused by the injury. Punitive damages are usually only available if the person who caused the harm acted intentionally, willfully, or recklessly in causing the harm. In some cases, an award of punitive damages may be many times the amount of the actual damages, especially if the actions of the person found responsible for the harm are considered particularly wrongful. In rare…

  7. Survivors

    The attorneys at Clark & Martino, P.A. handle all types of wrongful death claims whether arising from an automobile or vehicle accident to a product or drug failure to medical malpractice. In Florida, the term “survivors” means or includes different people in different actions. Most commonly, the term survivors arises in a wrongful death action. You may also see the term used to refer to a beneficiary from an insurance policy (see Insurance Disputes). Wrongful Death Claims The Florida Wrongful Death Act is found at Sections 768.16-768.26 of the Florida Statutes. The wrongful death act shifts the losses resulting when…