If you are facing paralysis due to a doctor’s mistake in Florida, you are likely wondering if you can hold them accountable. The answer is yes, you can sue for paralysis in Florida if your doctor was at fault due to medical negligence. To succeed, you will need to demonstrate that their actions deviated from the accepted standard of care, causing your paralysis.
At Anidjar & Levine, our Fort Lauderdale paralysis injury lawyer understands that building a strong case requires proving certain elements, and we will work with you to protect your rights by establishing that your doctor’s negligence was the direct cause of your paralysis.
Proving Negligence and Causation For Medical Malpractice Paralysis in Florida
Since medical malpractice cases often hinge on proving negligence and causation, you must understand the legal burden of proof required to establish these elements. To succeed in your claim, you have to demonstrate that your healthcare provider breached the applicable negligence standards, resulting in your paralysis.
Here are the fundamental aspects to focus on:
- Burden of proof: You must provide sufficient evidence to establish a direct link between your doctor’s actions or inactions and your resulting paralysis.
- The standard of care: You need to show that your healthcare provider deviated from the accepted medical practices, leading to your harm.
- Causation: You must prove that your doctor’s negligence was the direct cause of your paralysis, rather than another factor.
Types of Injuries That Can Lead to Paralysis
There are several injuries that a doctor’s negligence can cause. Common types of injuries that can lead to paralysis include:
Spinal Cord Injuries
Spinal cord injuries can result in devastating and permanent damage, leaving victims with varying degrees of paralysis. The impact on your life can be overwhelming, from needing paralysis support to undergoing extensive spinal cord rehabilitation. These types of paralysis include:
- Incomplete spinal cord injuries: You may retain some sensation or motor function below the injury site, but it’s often limited and may not be functional.
- Complete spinal cord injuries: You’ll experience a total loss of sensation and motor function below the injury site, resulting in permanent paralysis.
If you’re facing a spinal cord injury due to a doctor’s negligence, you may be entitled to compensation. We can help you sue for paralysis in Florida if your doctor was at fault and caused your pain.
Brain Damage
It’s important to understand the distinct types of brain damage that can lead to varying degrees of paralysis. Brain damage can result from a traumatic brain injury, anoxia, or encephalitis.
These types of brain damage can cause partial or complete paralysis, depending on the severity and location of the injury. If you’ve suffered paralysis due to a doctor’s negligence, you may be entitled to legal representation and compensation.
Nerve Damage
Nerve damage is a common cause of paralysis, resulting in various types of paralysis that can greatly impact one’s quality of life. You may experience partial or complete loss of motor function, sensation, or reflexes, leading to considerable emotional impact. Different types of nerve damage can cause the following paralyses:
- Monoplegia: Affecting only one arm or leg, this type of paralysis can greatly impair your mobility and independence.
- Hemiplegia: This type of paralysis affects both the arm and leg on one side of your body, making everyday activities a struggle.
- Quadriplegia: Also known as tetraplegia, this severe type of paralysis requires extensive medical care, including nerve regeneration therapies, and can result in a considerable loss of autonomy.
Statute of Limitations for Filing a Claim in Florida
You face a two-year deadline to file a paralysis claim, starting from the date of the incident that caused your condition. This two-year deadline is a statute of limitations that has significant legal implications.
It means you must initiate legal proceedings within this timeframe or risk forfeiting your claim. Failing to meet this deadline can result in the court dismissing your case, leaving you without recourse for the harm you’ve suffered.
It’s important to understand the clock starts ticking from the incident, not from when you discovered the paralysis or its severity. Don’t wait, consult with a knowledgeable attorney to guarantee you meet the two-year deadline and protect your right to compensation.
Expert Witness Testimony Can Support Your Case to Sue Your At-Fault Doctor for Paralysis
During medical malpractice lawsuits, expert witness testimony is important for helping jurors understand difficult medical concepts. You’ll need expert testimony to prove your doctor’s negligence caused your paralysis.
Medical experts will review your medical records, examine you, and provide opinions on the standard of care your doctor should have followed. They’ll also explain complicated medical terms and concepts to the jury. Their expert testimony will help you have a better understanding of what went wrong and why you’re paralyzed.
Through expert testimony, you’ll be able to demonstrate that your doctor breached the standard of care, leading to your paralysis. This testimony is important for building a strong case against your doctor, and it will greatly impact the outcome of your lawsuit. We can help you find expert witnesses to help you create a case to sue your at-fault doctor for paralysis in Florida.
Valuing Your Claim and Negotiating a Settlement
After assembling a strong case with expert witness testimony, the next step is determining the value of your claim. This involves claim evaluation, which considers various factors such as medical expenses, lost income, and pain and suffering. When evaluating your claim, consider the following damages that our team can help you recover:
- Economic damages: You calculate the total cost of medical bills, lost income, and other financial losses.
- Non-economic damages: Our team can assign a value to intangible losses, such as pain, suffering, and emotional distress.
- Punitive damages: We can determine if the defendant’s actions warrant additional punishment.
During settlement negotiations, your attorney will use this valuation to negotiate a fair settlement. It’s important to have a clear understanding of your claim’s value to increase the chances you receive a fair settlement.
Learn More About Suing Your At-Fault Florida Doctor for Paralysis
You have the right to seek justice if a doctor’s negligence led to your paralysis in Florida. To succeed, be prepared to demonstrate the direct link between their mistake and your injuries. With the guidance of Anidjar & Levine, we can help you manage the process, gather evidence, and build a strong case.
Contact us today for a free consultation.
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