When we seek medical care, we expect it to improve our physical condition, not worsen it. Unfortunately, this is not always the case when we visit the doctor or receive treatment at a hospital or clinic.
At the Law Offices of Anidjar & Levine, we understand how difficult it can be to recover from medical malpractice-related injuries. We can help you navigate the legal process and get the money you deserve.
You can connect with our team today at no cost to you. Ask us about what you can expect from a medical malpractice lawyer serving Fort Lauderdale.
The Statute of Limitations for Medical Malpractice Lawsuits
It is important to act quickly. Florida Statutes § 95.11(4)(b) gives you 2 years from the date that the malpractice occurs or the date you should have reasonably known of the malpractice (or four years from the date it occurred) to file a lawsuit for compensation. If the victim is younger than eight years old at the time of the injury, this time limit typically does not apply.
For example, if you want to pursue a birth injury claim or lawsuit with the help of a Fort Lauderdale birth injury attorney, you should know that it is best to initiate the process as soon as possible. While in most cases, the statute of limitations allows you two years since the date of the doctor’s error, time is not on your side. In birth injury cases, collecting negligence evidence, talking to witnesses, gathering experts to testify on your behalf, and fully investigating the case might take more than you imagine.
Our firm can evaluate your situation and determine how long you must file your case. This is important because failing to file your lawsuit within the correct time frame risks losing the chance to seek compensation.
Hurt by a Doctor’s Mistake? Understanding Medical Malpractice in Fort Lauderdale
Going to the doctor should help you, right? You trust them to figure out what’s wrong and make you better. But sometimes, doctors or hospitals make mistakes – big ones. When a medical professional in Fort Lauderdale is careless and hurts you, that might be medical malpractice. It’s not just a bad result; it’s when they didn’t act as carefully as other trained doctors would have in the same situation. Think of it like a driver causing a crash because they weren’t paying attention. Proving medical negligence means showing the doctor had a duty to care for you, they messed up (breached the standard of care), and their mistake directly caused your patient injury. You must also show you suffered real harm, like extra medical bills or lost wages. Understanding this is the first step to getting legal help and fair compensation.
Medical Error Statistics:
- Studies suggest medical errors might be the third-leading cause of death in the U.S., after heart disease and cancer, according to researchers at Johns Hopkins Medicine.
- The U.S. Department of Health and Human Services (HHS) notes that patient safety initiatives aim to reduce preventable harm, such as medication errors and hospital-acquired infections.
- The National Academies of Sciences, Engineering, and Medicine highlighted that diagnostic errors, such as missed or wrong diagnoses, affect millions of Americans yearly.
Was It Malpractice? Common Medical Errors We See in Fort Lauderdale Cases
Medical mistakes can happen in lots of ways. Maybe your doctor didn’t catch a serious illness early enough (misdiagnosis or delayed diagnosis). Or perhaps something went wrong during surgery, like operating on the wrong body part or leaving something inside (surgical error). Getting the wrong medicine or dose (medication error) can also cause big problems. Sometimes, mistakes happen during childbirth, leading to a birth injury that affects the baby for life. Even in the emergency room, errors like not treating someone fast enough can be hospital negligence. It’s like a mechanic fixing the wrong part of your car – the original problem isn’t solved, and now you might have a new one! If any medical mistake like these happened to you or a loved one in Fort Lauderdale, you might have a malpractice claim.
How does Medical Malpractice Happen?
Medical malpractice can occur in all medical practice areas and in any healthcare setting. A doctor, nurse, hospital, nursing home, dentist, or any other medical caregiver can make a mistake resulting in health concerns for the patient. If this mistake does not adhere to normal protocols by a caregiver with similar training, it may be malpractice.
While each situation is unique, there are a few common categories of medical malpractice cases. Per Medical Principles and Practice, medication errors are the leading form of malpractice, followed by diagnosis-related issues.
Fort Lauderdale medical malpractice cases are frequently brought against medical providers who:
- Fail to diagnose a medical condition properly
- Fail to follow professionally accepted standard procedures
- Fail to prevent infant injury at birth (Get help from a Fort Lauderdale birth injury lawyer.)
- Prescribe the wrong drugs or fail to consider drug interactions
- Leave instruments inside a patient or make other surgical mistakes
Do You Need a Lawyer to Help with Your Malpractice Claim?
Medical malpractice is a complicated area of law, and it can be difficult (if not impossible) to navigate this legal landscape alone. A Fort Lauderdale personal injury lawyer from our firm serving Fort Lauderdale can:
Consult with Witnesses on Your Case
Medical malpractice cases frequently rely on complex expert testimony. Because judges and jurors usually have little knowledge about medical procedures, they must rely on expert witnesses to tell them:
- What they could expect a competent practitioner in the field to do under the same circumstances, and,
- Whether or not the at-fault medical care provider performed as a reasonably competent practitioner.
To build your case, we will delve into our network of resources and find a third-party healthcare provider who can corroborate your story.
Get an Affidavit of Merit
Florida law requires that your attorney serve the doctor or hospital with a special notice before you can file a medical malpractice claim against them. As a part of this notice, another medical professional with a similar background practicing in the same general area must testify in writing that you have a valid claim for medical malpractice.
Once the doctor or hospital receives this notice and the affidavit from the expert witness, they have 90 days to offer a fair settlement. Often, we can reach a settlement to cover your financial losses, lost wages, ongoing care needs, and pain and suffering during this period.
If the other party refuses to negotiate a fair settlement, we can file a medical malpractice suit in a South Florida court to recover the compensation you deserve.
Gather Evidence To Prove Your Case
In addition to consulting with expert witnesses, your lawyer can use the following information to build your medical malpractice case:
- Your imaging scans and blood test results
- Your medical history
- Your provider’s name
- Your medications
- Documentation outlining your daily life and pain levels
Understanding Compensation: What Damages Can You Recover?
When a medical mistake turns your life upside down, the physical and emotional toll is immense. But there’s also a financial cost – often a huge one. Dealing with extra medical bills, missing work, and facing an uncertain future is incredibly stressful. That’s why understanding the types of Fort Lauderdale medical malpractice damages you might be able to recover is so important. Getting fair compensation for medical negligence Florida law allows isn’t just about money; it’s about getting the resources you need to heal and move forward.
Think about it like repairing a car after an accident caused by someone else. You wouldn’t just fix the dent; you’d want the other driver’s insurance to cover the repairs, maybe a rental car, and any injuries you suffered. Medical malpractice compensation works similarly, aiming to cover the different ways the negligence has impacted your life.
Covering Your Financial Losses: Economic Damages
The most straightforward types of damages are called “economic damages.” These are the tangible, calculable financial losses you’ve suffered because of the medical error. This includes all the extra medical bills – hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment, you name it. It’s not just about past bills; a crucial part is estimating future medical expenses lawsuit settlements should cover, especially if you need long-term care or ongoing treatment.
Another big piece is lost income. If the injury kept you out of work, you should be compensated for those lost wages due to medical injury. And if the injury is permanent and affects your ability to earn money in the future? That’s called “loss of earning capacity,” and it’s also a key component of economic damages in medical error claims. Calculating these future losses often requires expert analysis to determine the full financial impact over your lifetime.
Accounting for the Intangible: Non-Economic Damages
Not all harm comes with a price tag. Medical negligence can cause significant physical pain, emotional distress, and a reduced quality of life. These are called “non-economic damages.” This category includes things like pain and suffering, mental anguish, loss of enjoyment of life, scarring, and disfigurement. How do you put a number on that? Calculating pain and suffering settlement amounts is complex and subjective, often depending on the severity and permanence of the injury and its impact on your daily life. An experienced attorney effectively presents these elements of a non-economic damages injury claim.
It’s important to know that Florida law puts caps on non-economic damages in many medical malpractice cases. These Florida damage caps mean there’s a limit to how much you can receive for things like pain and suffering, though the exact cap can vary depending on the circumstances and who you’re suing. Economic damages, however, are generally not capped. In sporadic cases involving extreme misconduct, punitive damages for Fort Lauderdale medical malpractice might be awarded, but these are meant to punish the wrongdoer rather than compensate the victim.
The overall value of a medical malpractice claim depends heavily on proving both negligence and the full extent of your damages. Medical errors aren’t just personally devastating; they represent a massive financial burden on the healthcare system and individuals, estimated to cost around $20 billion annually in the U.S. due to adverse events (Source: NCBI Bookshelf / StatPearls). Getting experienced legal help ensures all your potential economic and non-economic damages are correctly identified, calculated, and pursued.
You Could Recover Wrongful Death-Related Damages
If you lost a loved one to medical malpractice, you can recover various losses related to their passing.
Wrongful death-related damages can account for:
- The cost of your loved one’s healthcare expenses, such as palliative care or life support
- The cost of your loved one’s lost income, tips, and wages
- The pain and suffering your loved one endured before their passing
- Funeral, burial, and memorial expenses
Your family has our sincere condolences for your loss. You also have our commitment to helping you hold the negligent party accountable. We ensure you understand the statute of limitations and other laws that apply to your case.
Some Types of Damages Have Caps
Florida Statutes § 766.118 lists some types of damages in medical malpractice cases. Suppose your suit is against a medical practitioner, such as a doctor or a hospital. In that case, there is a $500,000 cap on the compensation you can collect for your non-economic damages. This cap increases to $750,000 if the suit is against an unlicensed non-practitioner.
There are exceptions to this rule, however. The cap increases to $1,000,000 for families who file suit for a loved one who suffered injuries that left them in a vegetative state or resulted in their death. The court may also override this cap in the case of catastrophic injuries.
Depending on the circumstances of your case, your current health, and your future care needs, we can help you determine an estimated value for your case and consider which caps may apply. Then, we can use this knowledge to attempt to negotiate a settlement.
How Can You Recover Compensation for Medical Malpractice in South Florida?
The legal theory behind medical malpractice cases is the doctrine of negligence. A doctor requires an extraordinary level of education and specialized training, and doctors have a duty to treat patients with a certain level of competence and care.
In most jurisdictions, courts expect doctors to demonstrate the same skill and care as any reasonably competent practitioner with the same type of training would in the same circumstances.
If your doctor, nurse, or another care provider fails to uphold this duty, and you suffer, you may be eligible to file a medical malpractice claim. Medical malpractice is a specialized legal area. Discuss your situation with one of our medical malpractice lawyers in Fort Lauderdale to find out if you have a case.
Navigating the Florida Medical Malpractice Claim Process
So, you suspect a doctor or hospital made a serious mistake, and you’ve been hurt. What happens next? The Fort Lauderdale medical malpractice lawsuit process isn’t quite like other injury claims. Fort Lauderdale has some specific rules you need to follow, and honestly, they can be pretty confusing without help. Getting a Fort Lauderdale injury attorney consultation early on can make a huge difference.
Think of it like trying to assemble complicated furniture with confusing instructions – you *might* figure it out eventually. Still, it’s way easier (and less likely to fall apart) if you have someone who knows exactly how the pieces fit together. Florida law requires some extra steps before you can even file a lawsuit, mainly to ensure the claim has merit. It’s designed to weed out cases that aren’t strong enough.
The Important First Step: Pre-Suit Investigation
Before you can officially sue for medical malpractice in Florida, you must go through a “pre-suit investigation.” This sounds technical, but you and your lawyer must thoroughly review your medical records and get a written opinion from a qualified medical expert. This expert, usually a doctor in the same field as the one you claim was negligent, has to agree that there’s a reasonable basis to believe malpractice occurred. This medical expert opinion requirement is a big hurdle, and finding the right expert is crucial.
Once you have that expert opinion, you send a formal “Notice of Intent to Initiate Litigation” to the doctor or hospital you plan to sue. They then have 90 days to investigate the claim from their side. During this 90-day window, both sides often explore the possibility of settling the case without going to court. Your lawyer plays a key role in this medical malpractice settlement negotiation phase, presenting the evidence and arguing for fair compensation.
Why Timing is Everything: Florida’s Statute of Limitations
Another super important thing to know is the deadline for filing a medical negligence claim. In Florida, you generally have only two years from when you knew, or reasonably should have known, that the injury occurred due to malpractice. This is called the statute of limitations for medical malpractice in Fort Lauderdale. However, there’s also an absolute deadline, often called a statute of repose, typically four years from when the malpractice happened, regardless of when you discovered it (with some exceptions, especially for children).
Missing these deadlines means you lose your right to sue, period. That’s why talking to an attorney quickly is so vital. They can determine the exact deadline for your Broward County medical injury case and ensure everything is filed on time. Trying to figure this out alone when you’re already dealing with an injury is just adding unnecessary stress.
Proving healthcare provider negligence is the core of any claim. You need to show that the provider didn’t meet the expected standard of care and that this failure directly caused your harm. This involves gathering medical records, getting expert testimony, and building a strong case. It’s a complex process, and having experienced legal help significantly improves your chances of successfully seeking compensation for medical errors.
- Did You Know? Research shows that many malpractice claims don’t result in payment. One study analyzing allegations over 20 years found that 80% and 90% of claims considered “defensible” (evidence of negligence was weak) were dropped or dismissed without any payment to the patient. (Source: National Center for Biotechnology Information / PMC2628515)
This statistic highlights why having strong evidence and skilled legal representation is so important. An attorney helps ensure your claim is properly investigated and presented, maximizing your chances of a fair outcome, whether through settlement or, if necessary, a trial.
What Kinds of Mistakes Lead to Medical Malpractice Claims in Fort Lauderdale?
It’s scary, but mistakes happen more often in hospitals and doctors’ offices than we’d like. When you go in for help, you trust the medical professionals – the doctors, nurses, surgeons – to know what they’re doing. But sometimes, things go wrong. It’s not always malpractice, but it can be when a healthcare provider is careless and doesn’t follow the accepted standards of care. You get hurt because of it; that’s when you might need a Fort Lauderdale medical negligence attorney.
Consider it like this: if a reasonable doctor with similar training wouldn’t have made the same mistake in that situation, it could be negligence. These aren’t just minor slip-ups; these common medical errors Florida residents experience can have serious, life-changing consequences. Understanding what kinds of mistakes often lead to claims can help you determine if what happened to you might qualify.
Common Scenarios We See in Fort Lauderdale
One of the most frequent issues is misdiagnosis or a delayed diagnosis. Imagine going to the doctor with severe symptoms, but they brush it off or diagnose you with something minor. Meanwhile, a serious condition like cancer or heart disease gets worse because it wasn’t caught early. Catching these things late can drastically change your treatment options and your chances of recovery. Proving this kind of negligence often involves showing that another competent doctor would have ordered the right tests or recognized the signs sooner.
Surgical errors are another central area. These can range from operating on the wrong body part (yes, it happens!) to leaving instruments like sponges or clamps inside a patient. Anesthesia mistakes also fall under this category – giving too much or too little anesthesia, or failing to monitor a patient properly while they’re under, can lead to brain damage or even death. Compensation for surgical mistakes requires careful investigation into what went wrong in the operating room.
Mistakes During Childbirth and Medication Errors
Childbirth should be a joyous occasion, but sometimes medical errors during labor and delivery cause devastating harm to the baby or mother. This could involve failing to monitor the baby’s heart rate, not responding correctly to fetal distress, misusing forceps, or delaying a necessary C-section. These mistakes can lead to conditions like cerebral palsy or Erb’s palsy. If your child suffered harm during birth, contacting a birth injury lawyer Broward County families trust is a critical step.
Medication errors are also surprisingly common. This could be prescribing the wrong drug, giving the wrong dosage, or failing to check for dangerous drug interactions. Pharmacists can also make mistakes when filling prescriptions. A serious medication error claim can arise if the wrong medicine causes significant harm. Doctors and pharmacists must double-check everything, but that doesn’t always happen. Even issues with anesthesia can lead to an anesthesia malpractice attorney getting involved if the anesthesiologist failed in their duty of care.
Ultimately, determining Florida healthcare provider liability involves showing that the provider breached the standard of care and that this breach directly caused your injuries. It’s about holding professionals accountable when their carelessness leads to harm, ensuring you get the patient injury compensation you need to cover medical bills, lost wages, and pain and suffering. According to data from the National Practitioner Data Bank (NPDB), thousands of medical malpractice payment reports are filed each year across the country, highlighting how often these serious errors occur. While physicians often win cases that go to trial, especially those with weak evidence, many claims involving clear negligence result in compensation for the injured patient (Source: NPDB Data Analysis Tool, PMC2628515). Proving hospital negligence or a doctor’s error requires expertise and resources.
Read About Our History of Satisfied Clients
Every client we represent is a priority to our personal injury team, and we work hard to ensure the best possible outcome. Previous clients we represented say the following:
- Adam S.: The Law Firm of Anidjar & Levine went above and beyond all expectations in providing me with top-notch service and following through on successfully settling my case and negotiating my medical bills…I would highly recommend them to anyone in need of their services!
- Jos I.: Prompt and courteous answers to questions. Everyone involved in your case communicated well. Phenomenal case results. A completely and thoroughly enjoyable legal experience from the beginning to the conclusion of my case. Thank you so much.
Read more reviews and recommendations from satisfied clients on our testimonials page. In addition to fighting hard for every client we represent, we also work hard to support our community through Mothers Against Drunk Driving (MADD) and the Dolphins Cancer Challenge (founded by the Miami Dolphins). Read more about our commitment to giving back on our community involvement page.
Why Choose Our Firm for Your Fort Lauderdale Medical Malpractice Case?
Okay, let’s be real. Dealing with the aftermath of a medical mistake is overwhelming. You’re hurt, maybe scared, and stressed about the future. The last thing you need is a complicated legal battle on your own. That’s why finding the right legal team is so important. You need someone who understands the complex world of Florida medical malpractice law and genuinely cares about what you’re going through. At Anidjar & Levine, we strive to be that team for you.
Choosing a lawyer feels like a big decision, because it is! You want someone with a proven track record who can handle these challenging cases against big hospitals and insurance companies. Our experience speaks for itself, but it’s more than just winning cases; it’s about how we treat our clients throughout the process. We aim to be the best medical malpractice attorney Fort Lauderdale residents can turn to for skill and support.
Experience You Can Trust, Compassion You Deserve
Think of it like choosing a surgeon – you want someone highly skilled, but you also want someone with a good bedside manner who explains things clearly and treats you like a person, not just a case number. That’s our approach. Our experienced medical negligence lawyer team has spent years fighting for victims of medical errors. We understand insurance companies’ tactics to minimize payouts, and we know how to counter them. We handle everything from investigating the Fort Lauderdale hospital error claim, negotiating settlements, or taking your case to trial if needed.
But just as important is our commitment to the compassionate care that injury victims deserve. We know you’re going through a lot. We prioritize client communication and legal process updates, keeping you informed every step of the way. You won’t be left wondering what’s happening with your case. We take the time to listen to your story, answer your questions in plain English (no confusing legal jargon!), and provide the patient advocacy legal help you need during this difficult time.
Building Your Case, Fighting for Your Future
Proving medical negligence in Fort Lauderdale courts isn’t easy. It takes meticulous investigation, gathering all the correct medical records, and working with qualified medical experts who can testify how the standard of care was breached. Our Florida injury law firm has the resources and the network of experts necessary to build a strong case on your behalf. We start with a free medical malpractice case evaluation to understand what happened and advise you on your best options.
We know that financial worries are often front and center after an injury. That’s why we work on a contingency fee basis. What does that mean? Simple: you don’t pay us any attorney fees unless we win your case and recover money for you. We believe everyone deserves access to justice, regardless of their financial situation. We aim to achieve successful medical malpractice settlements or verdicts that fully compensate you for your medical bills, lost income, and pain and suffering.
When you choose Anidjar & Levine, you’re not just hiring a lawyer; you’re gaining a dedicated partner committed to fighting for your rights and helping you rebuild your life after a medical error.
What to Expect from Your No-Cost Case Review
Our law firm offers a free review of your medical malpractice case. It allows us to understand the details and merits of your situation. It will enable you to vet our law firm and medical malpractice team.
Our law firm’s case review team members will:
- Ask questions about your case
- Ask questions about your injuries
- Clarify applicable medical malpractice laws
- Clarify applicable insurance laws
- Address your unique questions and concerns
We will also explain how we can help you pursue compensation and the benefits of our contingency fee-based representation.
We Offer Help on a Contingency-Fee Basis
Our law firm is passionate about helping injured clients hold medical professionals and facilities responsible for negligence. We will take on your case at no out-of-pocket cost and nothing up front. Instead, we accept a percentage of your settlement instead of traditional attorney’s fees.
Our fee structure means:
- You can start pursuing damages right away.
- You prevent the statute of limitations from expiring on your case.
- We cover the cost of filing your case and consulting with field experts.
Our fee agreement means we are only compensated when we recover your damages. It also allows you to focus on improving without worrying about your financial obligations.
Connect with a Medical Malpractice Lawyer in Fort Lauderdale
If you or a loved one suffered injuries from an incompetent or careless medical care provider, contact the Law Offices of Anidjar & Levine. We offer a free initial consultation from our Fort Lauderdale offices. Call us today to schedule a time to discuss your case and take the first steps toward getting the compensation you deserve.
We Can Help.
