Sinclair Law Offices

KIP SINCLAIR | MEDICAL MALPRACTICE | NURSING HOME INJURY ATTORNEY FLORIDA

FREE CASE EVALUATION

FORT PIERCE MEDICAL MALPRACTICE ATTORNEY

What qualifies as medical malpractice?  Is it the same as negligence?

Yes, those terms are interchangeable.  According to Florida law, medical malpractice is EITHER a doctor or health care provider doing something that a reasonably careful doctor or health care provider wouldn’t do under the same circumstances, OR a doctor or health care provider failing to do something that a reasonably careful doctor or health care provider would do under the same circumstances.

AND, that action or inaction must have caused serious harm or death to the patient.

How do my Fort Pierce clients prove medical malpractice?

You need to prove a medical malpractice case by expert testimony.  That is, you have to have the case reviewed by a medical expert of the same specialty as the medical provider you’re suing, and that medical expert must say that the person you’re bringing the claim against fell below the standard of care for a similar health care provider.  Of course, the defense will bring their own experts into the case, who will say that the health care provider you’re suing did everything just fine.

If your expert gets you over this first hurdle, then you also must prove, through your expert, that the malpractice was what caused the damage to your client.

There can be negligence (malpractice) and there can be damages, but to win a malpractice case, your lawyer—through his expert witnesses—must prove that the malpractice, and not anything else, was what caused the damage.

How long do I have to bring a malpractice claim?

Each state has different laws concerning when a malpractice claim can be made.  These are called Statutes of Limitation, because they limit the time to file a claim.

In Fort Pierce and in the sate of Florida, the Statute of Limitation for medical malpractice is 2 years from the date you knew or should have known something was wrong, but no more than 4 years.  It’s important to note that you don’t have to know specifically that there was malpractice, or what specifically was wrong. The time starts when you knew something wasn’t right.  Continuing treatment for the problem does not extend the Statute of Limitations.

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SURGICAL INJURY OR DEATH

Surgical injury or death may be as a recognized complication, or it may be due to medical malpractice. Our experts can find out for you.

NEWBORN
BIRTH INJURY

Malpractice occurring during or just after birth of a baby can result in a lifetime of heartache and care, and such injuries should be investigated.

GIVE YOUR DOCTOR A CHECKUP

Find out your doctor’s educational background, credentials, board certification and prior claims.

BRAIN DAMAGE
OR DEATH

This can happen from a head injury, a bleed, a stroke or lack of oxygen to the brain, and can possibly be from medical malpractice.

SLIP AND FALL
INJURIES

Most falls in nursing homes or assisted living facilities can be prevented with proper safety measures and the proper attention of the intitution’s staff.

FREE
LIVING WILL

Be the Captain of your own medical decisions. You can prevent arguments among family members. Make decisions easy for your family. Ensure doctors follow your wishes.

WRONGFUL
DEATH

This is outrageous, five times as many Americans die every year from hospital/doctor mistakes than die from auto accidents.

NURSING HOME ELDERLY ABUSE

Unexplained injuries, bruises and other related injuries may be the result of nursing home abuse. These injuries are a felony under Florida law.

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A BRIEF HISTORY OF FORT PIERCE

Frequently referred to as the Sunrise City, Fort Pierce has served as St. Lucie County’s center for more than a century. The Treasure Coast, named to memorialize the Spanish Fleets that sunk nearby, is among the very oldest locales on the east coast of Florida. The state itself was designated a U.S. territory by Congress in 1832, with the Armed Occupation Act permitting settlement in what was a largely uninhabited part of Florida. Achieving statehood in 1845, the army was already in the midst of constructing military installments across the region. Benjamin Pierce, the brother of a future president, and also known by his friends as Hawkeye, made his settlement downstream from St. Augustine, while taking advantage of abundant palmetto trees to construct a fort. Tourists and residents all commonly refer to the area as Old Fort Park.

Ft. Pierce Welcomes The Railroad

In 1894, Fort Pierce saw its first railroad. This welcome mode of transportation helped expand the population of the township and facilitated the influx of goods including Cuban pineapples. Given the rampant disease running through the region at the time, there was an additional need for fresh and healthy fruits. Citrus became an extremely important imported good, as did cattle. St. Lucie was chosen as the county seat in 1905, together with Fort Pierce, which was linked previously with Brevard County and the Indian River area. Voters in 1901 chose to incorporate this township by a margin of 54 to 12.

Growth Of The Sunrise City

Nowadays, what was once a fledgling township has expanded into a busy, exciting city spanning 29 square miles and that is home to more than 40,000 individuals. A great deal of change has occurred since the early Hobe Indians reached the Loxahatchee River, and surely much is yet to take place. Given its rich history, Jupiter enjoys a diverse culture that includes nightlife, an innovative dining scene and more. Serving as a major point of interest for tourists interested in history as well as nature, the area offers a unique opportunity to visit its lighthouse where one can ascend 105 stairs to look out at stunning reef vistas and beautiful waters. When it comes to finding a seamless and inviting blend of old and new, it is difficult to match Fort Pierce and its surrounding locales.

WHO ARE

MY FORT PIERCE CLIENTS?

My clients are people who have been seriously and permanently injured by medical/hospital errors; who have had family members die at the hands of incompetent doctors or nurses; whose elderly loved ones have been abused and mistreated by uncaring nursing home staff. Many cannot even leave their houses because of their injuries. Sometimes their computer is their only contact with the outside world. These are my people!

“It's personally rewarding to bring justice and closure to these clients who have been so horribly injured through the negligence or incompetence of others. Please accept this FREE e-book which will help you navigate and understand the process involved in a medical malpractice law suit.”

Medical Malpractice Fort Pierce FL 1

This FREE e-book, will help the Fort Pierce victims of medical malpractice understand and navigate through the legal process. This guide was written by Kip Sinclair based on his many decades of experience dealing with medical malpractice cases. Fill the form below to get your FREE ebook!

The Covid-19 Pandemic is Upon Us. Here are two free forms that will help you and your family:

Covid-19 can strike without warning and may put the victim in the hospital or even on a respirator, unable to make their health-care decisions themselves. Everyone should have a living will, which is a form to indicate what your health care decisions are should you become incapacitated and unable to make your wishes known to your family or doctors.

You should also designate someone to be your health care surrogate–someone to make your healthcare decisions for you if you cannot health care decisions are should you become incapacitated and unable to make your wishes known to your family or doctors.

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