When we seek medical care, we expect that care to improve our physical condition, not worsen it. Unfortunately, this is not always how things go when you 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.
For a free legal consultation with a medical malpractice lawyer serving Fort Lauderdale, call (800) 747-3733
The Statute of Limitations for Medical Malpractice Lawsuits
It is important to act quickly. Florida Statutes §95.11(4)(b) gives you two years from the date you discovered the error (or four years from the date it occurred) to file a lawsuit for compensation. If the victim is younger than 8 years old at the time of the injury, this time limit typically does not apply.
Our firm can evaluate your situation and determine how long you have to file your case. This is important because by failing to file your lawsuit within the correct time frame, you risk losing the chance to seek compensation.
Fort Lauderdale Medical Malpractice Lawyer Near Me (800) 747-3733
What Types of Damages Can You Recover in a Fort Lauderdale Medical Malpractice Claim?
In general, there are two types of damages available in many Fort Lauderdale medical malpractice claims: economic and non-economic damages.
Economic and non-economic damages are sometimes called “compensatory damages” since they pay for the losses related to medical malpractice. Economic damages cover:
- Medical expenses
- Lost wages
- Loss of future earning capacity
Non-economic damages are monetary awards to cover:
- Pain and suffering
- Loss of enjoyment of life
- Disability, scarring, and disfigurement
- Mental anguish
Some Types of Damages have Caps
Florida Statutes §766.118 lists some types of damages in medical malpractice cases. If your suit is against a medical practitioner, such as a doctor or hospital, there is a $500,000 cap on the amount of 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 to your claim. 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. It takes an extraordinary level of education and specialized training to become a doctor, 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 other care provider fails to uphold this duty, and you suffer because of it, you may be eligible to file a medical malpractice claim. Medical malpractice is a specialized legal area. To find out if you have a case, discuss your situation with one of our medical malpractice lawyers in Fort Lauderdale.
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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.
Medical malpractice cases are frequently brought against medical providers who:
- Fail to properly diagnose a medical condition
- Fail to follow professionally accepted standard procedures
- Fail to prevent infant injury at birth
- Prescribe the wrong drugs or fail to consider drug interactions
- Leave instruments inside a patient or make other surgical mistakes
Medical malpractice can include other situations not listed above.
Do You need a Lawyer to Help with Your Malpractice Claim?
Medical malpractice is such a complicated area of law, and it can be difficult (if not impossible) to navigate this legal landscape. A 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 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 your 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 they refuse 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
Connect with a Medical Malpractice Lawyer in Fort Lauderdale
If you or a loved one suffered injuries at the hands of 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.