Recognized Leaders in Medical Malpractice Law
At ROSELLI McNELIS our Attorneys are recognized and well respected in the field of Medical Malpractice, as specialists in the representation of the injured, and the families of those who have died as a result of Medical Negligence. Richard J. Roselli has been successfully handling medical malpractice cases since 1981. He was invited and lectured at the Institute of Medicine at the National Academy of Sciences in Washington, D.C. on issues of Medical Malpractice and Medication Errors.
Medical errors affect millions of patients each year, yet many victims struggle to understand their legal rights or how to pursue compensation for their injuries. Our attorneys have the knowledge, resources, and determination to hold healthcare providers accountable and secure the justice our clients deserve.
Types of Medical Malpractice Cases We Handle
Medical negligence can occur in many different settings and situations. Our team has extensive experience handling:
- Surgical Errors: Mistakes during surgery, including wrong-site surgery, retained surgical instruments, and improper surgical technique that cause serious complications.
- Misdiagnosis and Delayed Diagnosis: Failure to diagnose serious conditions like cancer, heart disease, or infections, resulting in delayed treatment and worse outcomes.
- Medication Errors: Prescribing wrong medications, incorrect dosages, or dangerous drug interactions that cause patient harm.
- Birth Injuries: Negligent care during pregnancy, labor, or delivery that causes permanent injury to the mother or newborn.
- Anesthesia Errors: Improper administration of anesthesia, inadequate monitoring, or failure to account for patient allergies or medical history.
- Hospital Negligence: Infections acquired in hospitals, poor hygiene, inadequate staffing, and systemic failures in patient care.
- Emergency Room Errors: Failure to properly evaluate or treat patients in emergency situations, leading to preventable deaths or serious injuries.
- Nursing Malpractice: Substandard nursing care, failure to monitor patients, medication administration errors, and breach of duty by nursing staff.
Understanding Florida Medical Malpractice Law
Medical malpractice cases in Florida are subject to specific legal requirements that differ from other personal injury claims:
- Pre-Suit Requirements: Florida law requires a mandatory investigation period and detailed affidavit from a qualified medical expert before filing a lawsuit.
- Statute of Limitations: Generally, you have two years from the date of injury to file a medical malpractice claim, with a four-year statute of repose from the date of the negligent act.
- Expert Testimony: Medical malpractice cases require expert medical opinions to establish the standard of care and prove negligence. We work with leading medical experts across all specialties.
- Damages Caps: Florida law caps non-economic damages in medical malpractice cases, making it essential to maximize other recoverable damages.
Why Choose Roselli & McNelis for Your Medical Malpractice Case?
Medical malpractice claims are among the most complex personal injury cases. You need an attorney with specialized knowledge and resources to take on hospitals and insurance companies:
- Civil Trial Lawyers: Our attorneys are certified by the Florida Bar as Civil Trial Lawyers, demonstrating exceptional expertise and experience.
- Decades of Medical Malpractice Experience: Since 1981, Richard J. Roselli has focused on holding healthcare providers accountable for medical negligence.
- National Recognition: Lectured at the Institute of Medicine at the National Academy of Sciences on medical malpractice and medication errors.
- Multi-Millions Recovered: Our track record demonstrates substantial settlements and verdicts in complex medical malpractice cases.
- Extensive Resources: We have the financial resources and team to take on large hospital systems and their insurance companies.
- No Fee Unless We Win: We work on a contingency basis—you pay nothing unless we recover compensation for you.
Damages in Medical Malpractice Cases
If you've been harmed due to medical negligence, you may be entitled to recover compensation for:
- Medical Expenses: All past, present, and future medical costs related to treating the malpractice injuries, including surgeries, hospitalizations, rehabilitation, and ongoing care.
- Lost Income: Wages lost due to inability to work, including future lost earning capacity if the injury prevents you from returning to your profession.
- Pain and Suffering: Compensation for physical pain, emotional distress, loss of quality of life, and psychological trauma from the medical negligence.
- Disability: If the medical error results in permanent disability, you may recover damages for reduced quality of life and ability to perform daily activities.
- Disfigurement: Compensation for permanent scars, disfigurement, or physical changes resulting from the medical negligence.
- Loss of Consortium: If your injuries affect your relationship with your spouse, you may recover for loss of companionship and support.
- Wrongful Death: If a loved one died due to medical malpractice, surviving family members may recover for funeral expenses, lost income, and loss of companionship.
Frequently Asked Questions
Medical malpractice occurs when a healthcare provider fails to provide the standard of care expected from reasonably competent healthcare professionals in the same situation. The standard of care is established through expert medical testimony that compares the defendant's actions to what a similarly qualified healthcare provider would have done. This varies by medical specialty and the specific circumstances of the case.
In Florida, the statute of limitations for medical malpractice is generally two years from the date you discovered (or reasonably should have discovered) the injury caused by the medical negligence. However, there is also a four-year statute of repose, meaning you cannot file a lawsuit more than four years from the date of the negligent act, regardless of when you discovered the injury. Additionally, Florida requires a pre-suit process including expert affidavits before filing. It's critical to consult with an attorney promptly to protect your rights.
In Florida medical malpractice cases, you may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, disability, disfigurement, loss of consortium). However, Florida caps non-economic damages depending on whether the case involves permanent injury, significant permanent disfigurement, or death. There is no cap on economic damages or punitive damages in cases of gross negligence. An experienced medical malpractice attorney can help identify all recoverable damages in your specific case.