As we examine the circumstances surrounding a medical mistake, you’re likely wondering if you can sue for malpractice in Fort Lauderdale, especially if the doctor admitted fault. While an admission of fault may seem significant, it’s important to prove that the doctor’s mistake breached the standard of care and directly caused your harm.
To build a strong case for compensation, we recommend consulting with a Fort Lauderdale medical malpractice lawyer from Anidjar & Levine. Our experienced attorneys will help you determine if the doctor’s admission of fault is sufficient to support your claim. Read on to learn more about how to sue for malpractice if the doctor admitted the mistake.
The Standard of Care in Fort Lauderdale
In determining whether a healthcare professional breached their duty, an important factor is the standard of care was met in Fort Lauderdale. This standard refers to the level of skill, care, and diligence that a reasonably prudent healthcare professional would exercise under similar circumstances.
You need to understand that medical professionals don’t have to be perfect, but they must adhere to standard practices accepted in the medical community. If a healthcare professional deviates from these standards, it may constitute negligence, leading to medical malpractice.
In Fort Lauderdale, the standard of care is evaluated based on the circumstances, including the patient’s condition, the available medical resources, and the prevailing medical practices at the time of treatment. If the doctor admits the mistake, you can sue for malpractice, and our team can help.
Proving Causation and Damages For Medical Malpractice
When suing for malpractice in Fort Lauderdale, you’ll need to prove that the healthcare provider’s breach of the standard of care directly caused your harm. You’ll also need to measure the financial loss resulting from that harm. Here’s what to know:
Causation of Harm
Medical malpractice cases often hinge on complex issues, and proving causation of harm requires a thorough understanding of the underlying facts and expert testimony. You’ll need to demonstrate a clear causal relationship between the doctor’s actions and the damage you suffered.
This involves a harm assessment, where experts analyze the severity of your injuries and how they relate to the alleged malpractice. You must show that the doctor’s mistake directly led to your harm, and that it wasn’t just a coincidental event.
Measuring Financial Loss
Financial recovery hinges on accurately measuring financial loss, an important aspect of proving causation and damages. When you sue for malpractice, you need to quantify the financial impact of the doctor’s mistake.
This involves calculating economic damages, such as lost wages, medical bills, and other related expenses. You’ll need to gather documentation, like receipts and pay stubs, to support your claim.
Be prepared to provide detailed records of your financial losses to demonstrate the full extent of the harm. By accurately measuring financial loss, you’ll be able to build a stronger case and potentially recover the compensation you are entitled to.
Do I Still Need a Lawyer to Sue for Malpractice if the Doctor Admitted the Mistake?
Yes, when suing for malpractice, even if the doctor admits to making a mistake, you should still hire a medical malpractice lawyer. An admission alone doesn’t guarantee compensation, and the legal process can be complex.
Hospitals and insurance companies often have teams of attorneys whose goal is to minimize payouts, even in cases where the doctor was clearly at fault. A lawyer can help you:
- Collect and preserve key evidence.
- Determine the full extent of your damages.
- Handle negotiations with the hospital or insurer.
- Handle legal procedures and meet important deadlines.
Without legal guidance, you risk settling for far less than you’re entitled to or having your case dismissed on a technicality. An experienced attorney will work to make sure the doctor’s admission is used effectively as part of a strong, well-documented malpractice claim.
How Long Do I Have to File a Malpractice Lawsuit in Fort Lauderdale?
In Florida, you typically have two years from the date you discovered the malpractice, or should have reasonably discovered it, to file a medical malpractice lawsuit. This is known as the statute of limitations.
However, there are important exceptions:
- If the malpractice wasn’t immediately obvious, the two-year clock may start when you first become aware of the injury.
- In cases involving fraud, concealment, or intentional misrepresentation, the statute of repose can be extended to seven years.
Since these deadlines are strict and missing them could permanently bar your claim, it’s important to speak with a medical malpractice lawyer as soon as possible. An attorney can help determine exactly how much time you have based on the facts of your case.
The Role of Expert Testimony
In pursuing a medical malpractice lawsuit in Fort Lauderdale, you’ll likely need to rely on testimony from expert witnesses to build a strong case. These experts will help establish the standard of care that your doctor should have followed and whether they deviated from it.
You’ll want to choose experts with strong qualifications in their field, as their testimony reliability will be important in convincing the court of your claim. Your expert witnesses will review medical records, conduct examinations, and provide objective opinions on the care you received.
Their expert opinions will help you demonstrate that your doctor’s mistake caused your injuries and resulting financial losses. With credible testimony from qualified experts, you’ll be better equipped to prove your case and secure the compensation you are entitled to.
Learn More About Suing for Malpractice if the Doctor Admitted the Mistake
Establishing the doctor’s admission of error is an important step. Still, you must now focus on demonstrating that the standard of care was breached and that this breach directly resulted in your damages. Anidjar & Levine will help you prepare to address potential defenses and objections, ensuring that you comply with Florida’s malpractice laws and statutes.
Contact us today for a free consultation.
We Can Help.
