Combining personal attention with aggressive legal representation
The importance of good health throughout life is obvious. To help us stay healthy, we trust the care of doctors and medical professionals. The expression, “above all, do no harm,” is the code of care of physicians, nurses, and medical staff around the world.
You are entitled to the best possible care when you visit a doctor or hospital. If the treatment of a physician, nurse, or staff member harms you or a family member, you are entitled to compensation. Attorney Maria Gerber founded Gerber Law after herself suffering a personal injury. The focus of our legal practice is to fight civil injustice and recover money damages for individuals and families who suffer personal injury through any form of medical malpractice.
What is medical malpractice?
Healthcare providers and medical technology save lives every day. While every patient who is sick or injured hopes for complete recovery, it is not always the case. Bad outcomes happen, as do complications known to occur with treatments, medications, and surgical procedures.
A poor outcome is not necessarily caused by a breach in the standard of care, or a medical error. If a procedure did not turn out as expected or hoped, it does not prove a healthcare provider made a mistake.
In Florida, a patient who believes they have suffered medical malpractice must prove that their physician, facility, or other provider provided a level of care below what would reasonably be expected, or is otherwise considered the professional standard of care.
When you, or a loved one, suffers a medical outcome or injury that makes you wonder whether a mistake was made, Gerber Law can help. Our law firm works regularly with patients and families injured by medical error.
In the courtroom or at the negotiating table, we pursue fair compensation on your behalf from medical facilities, healthcare providers, and professional liability insurance companies.
What types of compensation am I eligible to receive?
When you are injured through medical negligence, Gerber Law works tirelessly to prove your case and your eligibility for compensation allowed under Florida law. Through case work and speaking with you, we identify the damages you have suffered.
In Florida, you may be awarded two kinds of damages if you prevail in a medical malpractice matter:
- Economic damages: Economic damages are those that can be calculated such as medical bills, prescriptions, current and future lost wages, or costs of current and future medical care. Economic damages can also include funeral costs in the event of a wrongful death. The costs of physical rehabilitation or home remodeling to address a permanent disability would be economic damages.
- Non-economic damages: In Florida, as well as many other states in the US, a claimant may be awarded money for damages that are hard to see, but still devastating. Non-economic damages are more difficult to prove and calculate because they are intangible losses that occur as a result of severe injury or a death. Non-economic damages take the form of pain, suffering, anguish, disfigurement, loss of companionship or sexual function, and loss of enjoyment of life due to living with injuries and new limitations.
Our firm is dedicated to obtaining the highest possible monetary compensation for the facts of your case.
What does medical malpractice look like?
Medical errors occur every day across the US. Most mistakes go unnoticed with no harm done. Medical malpractice is when a patient suffers an event that should never happen or when the care provided to them falls below what is expected in the profession. Just a few examples of medical malpractice include:
- Medication errors: Each year in the US, approximately 7,000 to 9,000 people die as a result of a medication error. Medication mistakes can occur anywhere along the supply chain from production, to packaging, prescribing, dispensing, or delivery to a patient. A patient may be prescribed or provided a type or amount of medication that is harmful to them, or causes harmful side effects.
- Surgical errors: Surgical errors are not uncommon and are sometimes considered a complication of surgery. When a surgeon, or a surgical team, fails to meet the applicable standard of care, there could be a case for negligence. Certain errors are called “never” events because they should never occur. Surgical never events include procedures performed on the wrong patient, wrong body site, or an altogether wrong procedure. During surgery, anesthesia errors can have devastating and deadly impacts. As well, there is no excuse for leaving foreign objects, like a sponge, surgical tool, or other material within the body of a patient after surgical closing.
- Pregnancy and childbirth: Poor prenatal care or medical decision-making during the birth process can lead to traumatic birth injury with lifelong consequences for mom and baby.
- Facility hazards: Healthcare-associated infections (HAIs) are a routine hazard of inpatient treatment. According to the Centers for Disease Control and Prevention (CDC), on any day, an estimated one in 31 hospitalized patients will suffer an infection related to their medical care. Inadequate cleaning procedures of devices, medical equipment, or facilities can lead to serious illness or infection of surgical wounds. Infections can be passed from contaminated devices like ventilators, catheters, or central lines. There are hazardous materials throughout hospital facilities and in the OR, while inadequate or poorly trained staff can lead to patient falls or lack of attention to bedside alarms.
- Delay or misdiagnosis: Failure to correctly diagnose a patient can be deadly. Misread radiology imaging or failure to properly interpret or communicate lab results can be similarly harmful. Sepsis, a potentially fatal overreaction of the immune system is a common cause of hospital death. Failure to rapidly recognize and treat sepsis can quickly cause disabling long-term conditions or death.
A medical malpractice case requires strong and convincing evidence to prove healthcare providers delivered a lowered standard of care. The value of a medical malpractice matter depends upon the unique circumstances of each case and compelling evidence to establish the cause of injury and damages suffered.
We know personal injury is emotionally difficult and that the death of a loved one due to medical error is a lifelong loss. When we handle your case, we carefully review the medical record, work with expert medical witnesses, and aggressively pursue the compensation you deserve as a result of medical malpractice.
After suffering medical malpractice or personal injury, you may not feel you can speak up for your right to compensation. Gerber Law listens—and fights on your behalf for the money damages you deserve.
Speak with an experienced medical malpractice attorney in Sarasota today
With offices in Sarasota and Venice, Florida, Maria Gerber and the staff at Gerber Law offer personalized client care and dedicated legal service when you are injured through medical mistake.
If you or a family member are injured due to medical treatment or diagnostic failure, contact us or call 1-866-233-4529 today to schedule a free consultation to discuss your case. We can travel to your home or hospital room to provide answers to the questions you or your family want to ask.