If you’ve suffered a spinal cord injury in Florida due to your doctor’s negligence, you’re likely wondering if you can take legal action. The answer is yes, you can sue for medical malpractice.
We understand that you may not have the resources to gather this evidence on your own. That’s why it’s important to consult with an experienced Fort Lauderdale spinal cord injury lawyer from Anidjar & Levine, who can help you build a strong case and fight for the compensation you need. Read on to learn more about suing for a spinal cord injury in Florida if your doctor was at fault.
What Negligent Doctor Actions Can Lead to a Spinal Cord Injury?
Spinal cord injuries caused by medical negligence are rare but devastating. Here are some negligent actions by doctors that can lead to spinal cord injuries:
- Surgical errors: Mistakes during back, neck, or spinal surgeries, such as severing or compressing the spinal cord, can result in irreversible harm. Even minor mistakes during routine procedures like epidurals or spinal taps can be catastrophic if proper precautions aren’t taken.
- Improper use of anesthesia: Anesthesiologists who fail to monitor the spinal cord during regional anesthesia, especially spinal or epidural blocks, can cause nerve damage if the needle or catheter is misplaced.
- Misdiagnosis or delayed diagnosis: Failing to recognize spinal infections, tumors, or conditions like herniated discs can allow the problem to worsen and put pressure on the spinal cord, causing permanent injury.
Establishing Medical Negligence
When pursuing a spinal cord injury lawsuit in Florida, establishing medical negligence is an important aspect of building a strong case. You’ll need to prove that your healthcare provider deviated from accepted medical standards, resulting in your injury.
This involves demonstrating that your doctor failed to meet the level of care expected of a reasonably prudent healthcare professional in a similar situation. You have the right to expect competent care, and your doctor’s breach of that duty can be considered a violation of your patient rights.
To establish negligence, you’ll need to gather evidence, including medical records, expert testimony, and witness statements.
Statute of Limitations for a Spinal Cord Injury in Florida
In Florida, a specific timeframe governs the filing of spinal cord injury lawsuits, known as the statute of limitations. This legal timeline dictates when you can file a lawsuit against a doctor or medical professional for a spinal cord injury.
Typically, you have two years from the date of the injury or the date you discovered the injury to file a lawsuit. It’s important to understand these filing procedures to guarantee you don’t miss the deadline.
If you fail to file within the allotted timeframe, you may be barred from pursuing legal action. Don’t delay; consult with an attorney to determine the best course of action for your specific situation.
Gathering Evidence for a Spinal Cord Injury Claim
Gathering evidence is the key to suing for a spinal cord injury in Florida if your doctor was at fault. You’ll want to focus on collecting evidence that supports your claim, including medical records, test results, and diagnostic images.
Witness statements from healthcare professionals, family members, or friends who witnessed the incident can also be important in establishing liability. Additionally, document any communication with your healthcare provider, including emails, letters, and conversations.
It’s imperative to preserve any physical evidence, such as medical devices or equipment, that may be relevant to your claim. Your attorney can guide you through the evidence collection process, ensuring that you gather all necessary evidence to support your claim.
Compensation to Recover When Suing for Spinal Cord Injuries in Florida if Your Doctor was at Fault
Calculating damages in a medical malpractice case requires a thorough understanding of the financial and emotional toll the injury has taken on your life. To determine the damages, your attorney will conduct a damages assessment, which involves evaluating the economic and non-economic losses you’ve suffered.
Economic damages include medical expenses, lost wages, and other financial losses resulting from the injury. Non-economic damages, on the other hand, account for pain and suffering, emotional distress, and loss of enjoyment of life.
There are various compensation types, including compensatory damages, which aim to restore you to your pre-injury state, and punitive damages, which punish the negligent healthcare provider. Your attorney will work with experts to calculate the damages and build a strong case to increase the chances you receive fair compensation for your spinal cord injury.
Working with a Florida Medical Malpractice Attorney
When suing for spinal cord injury in Florida, if your doctor was at fault, you’ll need a medical malpractice attorney who focuses on medical cases, particularly those involving spinal cord injuries. Benefits of hiring an attorney include:
Experience in Medical Cases
As you manage the challenges of a spinal cord injury case in Florida, working with a medical malpractice attorney who possesses experience in medical cases becomes fundamental. Your attorney’s medical knowledge is important for understanding the legal implications of your injury and building a strong case.
Here are three significant reasons why medical experience is important in your case:
- Accurate diagnosis and treatment analysis: A medical expert can assess whether your doctor’s diagnosis and treatment were appropriate for your condition.
- Identifying deviations from standard care: Your attorney can determine if your doctor deviated from the accepted standard of care, leading to your spinal cord injury.
- Evaluating causation and damages: A medical expert can help determine if the doctor’s negligence caused your injury and calculate the extent of your damages.
Proving Doctor Negligence
Your attorney’s experience is important for building a strong case, and it’s equally important in proving doctor negligence. To prove negligence, your attorney will need to show that your doctor failed to meet the standard of care, resulting in your spinal cord injury.
This involves establishing that your doctor’s actions or omissions deviated from what a reasonably prudent doctor would’ve done under similar circumstances. You’ll need to demonstrate doctor oversight, such as misdiagnosis, delayed diagnosis, or medication errors, which led to your injury.
However, you’ll also need to show that you fulfilled your patient responsibility by following your doctor’s instructions and attending scheduled appointments.
Learn More About Suing for a Spinal Cord Injury in Florida if Your Doctor was at Fault
You’ve taken the first step in seeking justice for your spinal cord injury. With the guidance of Anidjar & Levine, we can help you through Florida’s medical malpractice laws and pursue the compensation you are entitled to.
Contact us today for a free consultation.
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