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When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

You’ve been injured in Florida by someone else’s negligence, whether due to a vehicle accident, a slip and fall, medical malpractice, or a product malfunction. You’re not happy with the settlement being offered, you’re rightfully angry, and you want your day in court. You think a judge will easily see your side and award you a big win. But it isn’t that simple.

Sometimes, going to court is the best option, but usually, negotiating a settlement with the help of an expert personal injury attorney will result in significant financial compensation without the expense, hassle, and delay of going to court.

No case goes to court unless both parties have tried to come to an agreement first. The typical steps taken in a personal injury case, if it goes to court, are as follows:

Insurance companies provide a very valuable service, and there are certainly many well-intentioned people who work for insurance companies, but the companies would not stay in business for long if they didn’t do their best to offer the least payout that they can get away with when it is time for them to settle a claim. If you have a Florida insurance claim, you should not accept the insurance company’s offer without first consulting with an attorney.  

The insurance company’s offer

Insurance companies have attorneys fighting for them and expert negotiators who know the ins and outs of every policy and all the loopholes that were carefully crafted to give them leverage to minimize your settlement offer. They use legal terms and jargon to confuse you and make it seem as if this is the best offer you are going to get. They may even try to intimidate you into believing that if you don’t accept what they’re offering now, you may not get anything. This manipulative behavior is frightening to someone who really needs the money right away to pay medical bills or to recover financially from lost wages due to the accident.

One of the most common types of car accidents is a rear-end car accident, which involves being hit from behind. Such accidents range from a “fender-bender” when someone doesn’t stop quickly enough at a stoplight to a very serious crash caused by a distracted driver in traffic. But even a small bump can cause a sudden jerk of your head or back that could seriously injure the very delicate and critical spinal cord.

Your spine houses and protects your nerves, which branch out to every part of your body, every organ, and every extremity. An injury to your spine can cause unexpected complications in unexpected locations in other parts of your body, so if you begin experiencing problems anywhere in your body shortly after an accident, do not discount them. They may be caused by the accident.

Common injuries from a rear-end car accident include:

When you have been hurt in an accident, medical care may begin immediately, and you may be worried about how you will pay your medical bills before you have received a financial settlement. At Quackenbush Law, our team works quickly to assess the situation, review all documentation and statements, advocate with insurance companies, and negotiate on your behalf.

PIP first

The first medical insurance coverage that kicks in is PIP – Personal Injury Protection – which is required on all auto insurance policies in Florida. If you don’t have auto insurance, you can seek coverage from the insurance policy of a family member with whom you live or that of the vehicle you were riding in at the time of the accident, depending on your individual situation. Regardless of what insurance company is paying your medical bills, you must see an approved medical provider within 14 days of the injury to qualify for PIP coverage.

When you have been seriously injured in Florida due to an accident, product malfunction, or medical malpractice, your severe injuries may leave permanent damage impacting all areas of your life. At The Quackenbush Law Firm, we fight for you to ensure that you receive the compensation you deserve.

I leave no stone unturned when I investigate and evaluate every aspect of the accident and its consequences in order to determine, based on all the facts, how this will impact your future life.  My goal is to ensure that you will have the resources to not only compensate for past expenses and take care of your immediate needs but to guarantee that you have the funding for ongoing medical care and fair compensation for your pain, suffering, and lost future earnings.

Long-term consequences

If you’ve been injured in a car accident in Florida and your expenses exceed your insurance policy limit, you may still be able to receive additional financial compensation for your injuries. However, you need an experienced personal injury attorney to help you. Our team is an expert in investigating every aspect of your case to help you get the money you need and deserve.

Florida PIP policies and your options

Florida requires that everyone who has been in an accident involving a self-propelled vehicle (car, truck, motorcycle, etc.) turn to their PIP coverage first. Every Florida auto policy must carry Personal Injury Protection (PIP), which covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If the injuries cause a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000.

Unless you are an expert in negotiating personal injury claims or taking them to court, you need an expert personal injury attorney to help you with your personal injury lawsuit. Injured individuals are no match for the insurance companies, big business, big government, and big medical institutions that have the knowledge, know-how, and strategies to keep them from having to pay you fair compensation for all that you have suffered. Don’t try to face them without an expert standing between you and them, fighting for your rights.

Preparing a bullet-proof case

I became a personal injury lawyer because I believe in “fighting for the rights of the little guy” against the highly lucrative businesses, insurance companies, and medical institutions that have the financial resources to squash your efforts to recover damages due to their negligent behavior or faulty products.

If you have been injured in an auto accident, especially an accident in which you have been rear-ended, it is likely that you have experienced whiplash. Whiplash is a neck injury caused by a rapid back-and-forth (or side-to-side) motion of the head, like the cracking of a whip. The medical term is cervical acceleration-deceleration (CAD) syndrome, and the symptoms of CAD syndrome are called whiplash-associated disorder (WAD). WAD symptoms vary, depending on the severity of your injury and any pre-existing conditions. But no whiplash injury should be taken lightly or ignored.

Whiplash symptoms

In Florida, your PIP insurance requires that you see an approved medical provider within two weeks of your accident in order to receive coverage from your auto insurance. You should always receive a thorough examination after an accident, even if you feel fine immediately afterwards. Symptoms of whiplash may not appear immediately, as your adrenaline is likely elevated for the first day or two. But after a few days, you may begin to feel tightness in your neck or any of the following common symptoms:

If you’ve been seriously injured in a car accident in Florida caused by someone else’s negligence, you need an experienced Florida personal injury attorney to fight for you while you are recovering to make sure you get the compensation you deserve for your injuries. Don’t try to tackle the insurance companies alone. You need an advocate at your side who knows how to deal with them and how to get significant awards for your injuries.

There is no such thing as a “minor” auto accident – until a doctor has thoroughly examined you and several months have passed with no lingering effects from the accident, do not assume that you are fine. Lingering back pain or neck pain could be a sign of a spinal cord injury. Shoulder injury from your seatbelt or tightness in the chest could mean torn tissue or cracked ribs. 

Injuries that may lead to surgery could include:

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