When paralysis is caused by medical malpractice, Florida law may entitle the injured patient to compensation. Paralysis is a life-altering condition that involves the loss of muscle function and, in many cases, sensory function in part of the body. It can result from spinal cord damage, brain injuries, or nerve trauma. The impact on a person’s physical, emotional, and financial well-being can be profound.
These claims are complex, but they provide a crucial path for victims to recover damages for medical expenses, lost income, pain and suffering, and long-term care. Victims of paralysis caused by malpractice deserve answers — and pursuing fair compensation starts with understanding your legal options. A Florida medical malpractice lawyer can assist you with your claim.
Malpractice Can Leave Patients Paralyzed With Extensive Losses
When paralysis results from medical malpractice in Florida, victims may be entitled to substantial compensation. However, medical malpractice claims are only successful when negligence can be proven. That means showing a medical provider failed to uphold the standard of care, and that failure directly caused paralysis.
Depending on the details of your case, you could seek compensation for:
- Medical Expenses: This includes both past and future costs, such as hospital stays, surgeries, physical therapy, mobility equipment, and long-term care needs.
- Lost Income and Earning Capacity: Individuals who can no longer work or who must shift to lower-paying roles due to their injury may be entitled to compensation for lost wages and diminished earning potential.
- Pain and Suffering: Victims may seek compensation for physical pain, emotional distress, and the loss of enjoyment of life.
- Home Modifications and Assistive Technology: Necessary adaptations, such as wheelchair ramps, hospital beds, or vehicle modifications, may be covered as part of a compensation claim.
- Loss of Consortium: Spouses and family members may be entitled to compensation for the loss of companionship, support, or other life changes resulting from the injured person’s condition.
The Severity Of Your Injuries Will Influence Potential Compensation
Paralysis can vary greatly in scope, from paraplegia to quadriplegia, and the severity directly influences the value of a claim. Complete spinal cord injuries often command higher settlements due to the permanent, life-changing nature of the damage.
In contrast, partial or localized paralysis may still qualify for significant compensation, particularly if it impairs the ability to work or live independently.
The extent of the disability, the age and health of the victim, and the cost of ongoing medical care all play crucial roles in determining case value. For example, a young patient with full quadriplegia and a long life expectancy may receive a much higher settlement.
How Medical Malpractice Can Cause Paralysis
Paralysis can result from various forms of medical negligence that compromise a patient’s spinal cord, brain, or nervous system. Common examples include:
- Surgical errors, such as operating on the wrong site or damaging the spinal cord during routine procedures, may lead to paralysis.
- Delayed diagnosis or misdiagnosis of conditions like spinal abscesses, tumors, or strokes can result in preventable paralysis when treatment is not provided in time.
- Anesthesia mistakes, improper use of force during childbirth, or medication errors may cause neurological damage that leads to paralysis.
To hold a provider liable, your lawyer must show that they deviated from the accepted standard of care. The standard of care refers to the level of skill and diligence expected of reasonably competent practitioners. At our firm, we conduct a thorough investigation into every case, consulting medical experts and reviewing records to determine exactly how negligence occurred and whether it directly caused the paralysis.
Who May Be Liable For Paralysis Caused By Medical Malpractice?
In malpractice cases, multiple parties may be held legally responsible, depending on the circumstances surrounding the injury. Identifying all at-fault individuals and entities is critical to securing full compensation. Potentially liable parties include:
- Physicians and Surgeons: They may be held responsible for surgical mistakes, misdiagnoses, or delays in treatment.
- Nurses and Medical Staff: They can be liable for failing to monitor patients properly, administering medications incorrectly, or not following established protocols.
- Anesthesiologists: They may face accountability for dosage errors or improper patient monitoring during procedures.
- Radiologists or Diagnostic Professionals: They can be held responsible for misreading test results, which may delay critical treatment.
- Hospitals or Clinics: These facilities may be liable for systemic issues such as understaffing, inadequate policies, or negligent hiring practices.
Liability can be difficult to determine for several reasons, including complex insurance coverage involving multiple providers and questions about employment relationships. For example, a doctor’s status as an independent contractor can impact how we seek damages.
Part of a law firm’s job is to thoroughly investigate the case, identify every potential source of liability, and pursue maximum compensation from all responsible parties.
Proving Medical Malpractice In Florida
To succeed in a medical malpractice case in Florida, four key elements must be proven:
- Duty of Care: The healthcare provider had a legal obligation to follow accepted medical standards.
- Breach of Duty: The provider failed to meet those standards through an act or omission.
- Causation: The breach directly caused the patient’s injury, such as paralysis.
- Damages: The patient suffered measurable harm, including physical, emotional, and financial losses.
Florida law also requires expert medical testimony to establish what the standard of care was and how it was violated. This testimony is essential in helping judges and juries understand complex medical issues. Without it, most claims cannot move forward.
At our firm, we collaborate closely with trusted medical experts to develop robust, evidence-based cases that meet all legal requirements.
How Long Do You Have To File A Malpractice Claim In Florida?
In Florida, the general statute of limitations for medical malpractice claims is two years. However, this timeline can vary. Special exceptions apply in cases where injuries are not immediately apparent or when the victim is a minor child, as Florida law provides different rules for children.
Because these deadlines can be complex and strict, it’s crucial to act quickly. Prompt legal action also helps preserve critical evidence and strengthens your ability to seek full compensation before the deadline passes.
Contact A Florida Medical Malpractice Lawyer Today
If you or a loved one has suffered paralysis due to medical malpractice, Anidjar & Levine can help. Our Florida medical malpractice attorneys will handle your case throughout the entire legal process. You can read our client reviews to learn more about how we’ve helped others in the past.
Our attorneys work on a contingency fee basis, so there are no upfront costs. You can get started on your case with a free initial consultation. Contact us today.