You trust your doctor and other medical practitioners to use their knowledge and experience to provide effective treatment and care. When someone betrays that trust—and it causes you harm or injury—you have the right to compensation for your damages.
If you or a loved one sustained a serious injury or death due to malpractice, you need a lawyer who can help you through this challenging time. The attorneys at the Law Firm of Anidjar & Levine will stand by you and protect your legal rights in a malpractice case. We will explain your options for obtaining a settlement, determine the value of your case, and assemble all the necessary documentation to submit your claim.
Were you the victim of medical malpractice?
To understand the concept of medical malpractice, we must look at the statutory definition of medical practice. The Florida statutes define medical practice as the diagnosis, treatment, surgery, and medication prescription for injuries, illnesses, pain, diseases, and other physical or mental conditions.
That means that medical malpractice can occur during the course of almost any medical treatment. Furthermore, a variety of medical practitioners can commit malpractice, including doctors, nurses, anesthesiologists, pharmacists, technicians, therapists, surgeons, and physicians’ assistants. You may encounter malpractice in a variety of treatment locations, including:
- Doctor’s offices;
- Surgery centers;
- Emergency rooms;
- Intensive care units;
- Urgent care facilities;
- Maternity wards;
- Psychology and psychiatric practices;
- X-ray and imaging centers;
- Medical testing labs;
- Dentist and orthodontist offices;
- Nursing homes; and
- Residential care centers.
Common Forms of Medical Malpractice
Although medical malpractice can occur during the course of any type of treatment or care, there are some common medical procedures where we see more claims arise. Some of the most common forms of Florida malpractice include:
- Incorrect diagnosis;
- Missed diagnosis;
- Operating on the wrong body part;
- Errors in surgical procedures;
- Childbirth injuriesand errors;
- Improper dosage of medication;
- Failure to medicate;
- Unsanitary conditions;
- Delayed treatment;
- Failure to provide treatment; and
- Failure to advise patients of treatment risks.
If you suffered harm after any medical treatment, you may have a valid malpractice claim. Our attorneys can help you understand your eligibility for compensation after reviewing the details of your case.
It is important to note, however, that a simple error or mistake during treatment does not necessarily constitute medical malpractice. An error, even one that results in disability or death, may not qualify for compensation. To win your case, we have to establish that the guilty party was medically negligent during your treatment and violated reasonable standards of care.
What is the reasonable standard of care in medical malpractice?
To determine whether a doctor committed malpractice, the court uses a legal concept known as the reasonable standard of care. Under this standard, the courts compare what other practitioners with the same training and experience as your doctor would do in the same scenario. If other practitioners would have acted in the same manner, your doctor provided reasonable treatment. However, if others would have acted differently, your doctor failed in their duty to deliver reasonable care.
Florida medical malpractice statutes require that all practitioners provide reasonable care to their patients. If you or your loved one did not receive reasonable care and sustained harm as a result, contact us so we can get started gathering evidence to prove your claim.
What is the value of a malpractice claim?
Although the value of your malpractice case will depend on many factors, we can calculate the approximate sum that your claim is worth. This total value can include the following items, as well as any other current or future costs specific to your case:
- Current medical bills and care costs;
- Lost income to date;
- Future medical care costs;
- Projected loss of income;
- Loss of work-related benefits;
- Pain and suffering; and
- Loss of life enjoyment.
We will collect proof of each of these losses to present with your claim. We can use your medical bills and receipts to prove the out-of-pocket costs you faced after your injury. We can turn to your employment records and pay stubs to show your career-related losses. We may also consult with subject matter experts who can estimate your future medical costs and the income losses you will face down the road. We will use this evidence to provide a solid case for your compensation.
What is the medical malpractice claims process like?
Submitting a claim for medical malpractice follows a slightly different process than other personal injury claims. This is due in part to the state’s requirement regarding medical expert testimony in malpractice cases.
According to state statutes, we must provide testimony from a medical expert—with a similar background as your doctor—when we file your claim. This testimony serves as our proof that your doctor violated reasonable standards of care during the course of your treatment. No malpractice case can proceed without this expert testimony.
We have an extensive network of medical professionals we can call on for help in your case. After we submit your claim, the defendant has 90 days to respond with a settlement offer. If they fail to return with a reasonable offer for your compensation, we can argue your case to court.
It is essential that you contact as soon as possible about your medical malpractice claim. The state only allows two years from the date of your injury for us to file a lawsuit against a medical practitioner. If you want to retain your right to sue for damages, you need to act quickly.
Our medical malpractice lawyers can help you win the compensation you need to recover.
At the Law Firm of Anidjar & Levine, we provide compassionate counsel and assistance to medical malpractice victims. Our goal is to protect your legal rights and help you obtain the financial compensation you deserve for your injuries. Contact us at 800-747-3733 today to schedule your free consultation and case review or to speak directly with a medical malpractice lawyer.