Medical Malpractice Attorney

Medical Malpractice is the failure of medical professionals (including doctors, nurses and hospitals) to provide acceptable treatments to patients. It is the third leading cause of death in America, killing 100,000 people every year.

Some leading causes of medical malpractice include inadequate training, excessive work hours, substance abuse and errors in judgment by hospitals and medical professionals.

Patients have the right to expect safe and adequate care when seeking medical treatment, and while most doctors and hospitals never commit malpractice, others make an astonishing number of medical mistakes. Five percent of doctors and hospital staff account for more than 50 percent of the medical malpractice claims.

If you suspect that you were a victim of medical negligence, contact us. These cases require significant resources and special expertise. You need to move quickly to protect your legal rights and to ensure that your claim is within the statute of limitations. Kelley / Uustal handles claims involving:

• Anesthesia
• Bariatric Surgery/Gastric Bypass
• Birth Injuries, Labor & Delivery
• Cancer
• Cardiology
• Cosmetic Surgery
• Emergency Medicine
• Errors in Diagnosis
• HMO Negligence
• Medication Errors
• Ophthalmology
• Orthopedic Medicine
• Radiology
• Surgical Mistakes

Kelley / Uustal handles medical malpractice cases throughout Florida and the United States. The firm is very experienced in and knowledgeable on the recent legislation that has caused major changes in the handling of Florida Medical Malpractice cases, which is very complicated and specialized. Over the years medical and insurance interests have sponsored legislation designed to affect an individual’s ability to hold doctors and hospitals accountable for their mistakes. The legislation also overturned legal principles that were centuries-old and often rooted in our Constitution. The result is a system that is so complicated that Kelley / Uustal has attorneys that specializes in medical malpractice law. Some examples of this complexity include:

• Shorter Statute of Limitations
• Pre-suit
• Exception to Wrongful Death
• Sovereign Immunity
• Expert Witnesses
• Caps on Certain Damages
• Neurological Injury Compensation Act (NICA)
• ERISA/HMO Law
• Amendment 3

Even with the restrictive legislation passed with Amendment 3, Florida voters overwhelmingly approved Amendment 7: 381.026 Florida’s Patient’s Bill of Rights and Responsibilities into Florida’s Constitution. This Amendment was known as “A Patient’s Right to Know” and was codified as Article 1, Section 25 of Florida’s Constitution. Amendment 7 provides that upon request, a patient can receive records of health care providers’ or facilities’ adverse incidents, including those which may cause injury or death. This provides invaluable information to assist consumers in making medical choices and allows consumers to review the records of their health care providers. The federal government also has a website called Hospital Compare which compares how hospitals perform on some common procedures.

Florida consumers have the following resources available to them:

• Florida Medical Licenses
• Florida Doctors On-line Profile
• Florida Doctor’s History of Previously Paid Malpractice Claims

Kelley / Uustal has the legal and financial resources, and the experience, to successfully help victims seek justice. The Kelley / Uustal Forensic Discovery Methodology will help uncover clues and evidence that may be missed by others. Of course, not every bad outcome is a result of medical error, but most people need expert help to find out.

Contact us. We are here to answer your questions, explain your rights, and help you pursue justice.