Everyone makes mistakes. But when a doctor or other trained medical professional deviates from the accepted protocols and procedures, the results can be catastrophic.
The State of Florida has statutes in place that allow you to hold your doctor or hospital liable for your injuries or financial losses due to medical malpractice. A medical malpractice lawyer in Fort Myers at the Law Firm of Anidjar & Levine can help you understand how to get the compensation you need to pay your medical bills, cover lost wages, and make up for other losses. Call us today from anywhere in South Florida at 800-747-3733. We offer complimentary consultations.
How Do I Know if Medical Malpractice Caused My Fort Myers Damages?
During their extensive education and hands-on supervised training, doctors learn the proper protocols to apply to any given situation. Learning how to follow the accepted procedures is key in ensuring all patients get the best quality healthcare possible, and the treatment they need. When a doctor fails to act in a way other doctors would — when they do not follow accepted protocols — injuries can occur. This is malpractice.
While each situation is different, some of the most common ways we see South Florida doctors commit malpractice include:
- Failing to diagnose a condition other doctors would have quickly identified
- Incorrectly diagnosing a condition because of failure to follow procedure
- Failing to follow any standard treatment protocol
- Failing to prevent injuries, when possible
- Poor adherence to protocol during birth
- Prescribing the wrong medication
- Allowing a preventable drug interaction or reaction
- Issues with surgical procedures, including instruments left inside the patient
Remember, it is important to note that merely committing these actions does not constitute malpractice. The action must cause the patient to experience some type of harm. For example, if the doctor made a mistake during labor but the baby and mother did not suffer any harm, the doctor did not commit malpractice.
What Role Does an Expert Witness Play in a Fort Myers Medical Malpractice Case?
An expert witness plays a key role in all Florida medical malpractice claims. The State requires a medical expert to testify to the following via a written affidavit:
- The actions a reasonable and competent physician would take based on the facts of your case; and
- Whether your doctor followed the protocols and procedures of a reasonably competent practitioner when providing your care
We have a vast network of experts throughout South Florida who help us prove medical malpractice cases. We can quickly identify an expert witness who fits the requirements in your case and begin to investigate your claim. This expert will provide the testimony we need, and this affidavit will play a central role in proving malpractice and recovering the compensation you need.
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What Can I Expect From the Medical Malpractice Claims Process?
Once we have the expert witness testimony and other evidence to support your case, we provide your doctor or the hospital notice of your claim by filing certain paperwork. This kicks off a 90-day window where they investigate the situation and can offer a settlement for your losses. If they refuse to negotiate a fair settlement during this time, or deny any wrongdoing, we can file a lawsuit in civil court.
We handle this entire process for you, ensuring the doctor and courts receive all paperwork in a timely manner and the process goes smoothly. You can focus on your physical recovery while we fight for the full amount of compensation you deserve from the negligent practitioner.
Florida’s statute of limitations in medical malpractice cases varies depending on a number of factors. We can help you determine exactly how long you have to file a claim before losing eligibility to file a lawsuit. In most cases, you have two years from the date you discover your injuries, or four years from the date of the malpractice. The deadline may be longer if the victim is a child. For most children under the age of eight, the courts may waive this deadline.
Are There Limits on How Much I Can Recover in a Florida Medical Malpractice Case?
No. While Florida did have damage caps on medical malpractice settlements, the Florida Supreme Court determined these caps were unconstitutional in June 2017.
This means we can work to get you the maximum amount of compensation you deserve. This might include:
- Bills from the original mistake your doctor made
- Any bills from surgeries required to correct the mistake
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
Why Should I Hire the Law Firm of Anidjar & Levine?
The medical professional or hospital you sue for malpractice likely has a large, experienced insurance company and legal team backing it up. You do not want to go into this alone. The insurance company employs tactics to trick injured parties into admitting that they are not as injured as they claim or pressuring them into accepting a settlement that does not begin to cover their injuries.
Anidjar & Levine will not let that happen. We have years of experience standing up to these insurance companies and legal teams.
We will handle your entire case from gathering evidence to negotiating for a fair settlement or filing a lawsuit in court. And because we handle all litigation in-house, you do not have to wait for another firm to prepare your case for court.
How Can I Talk to a Fort Myers Medical Malpractice Lawyer for FREE?
The medical malpractice attorneys at the Law Firm of Anidjar & Levine can help you understand your legal options if you believe you were the victim of a negligent healthcare provider in South Florida. We offer free consultations, and guide you through the malpractice claims process if you qualify for compensation.
Call us today to schedule your meeting: 800-747-3733. We handle all cases based on contingency, so you pay nothing until we recover money for your damages.
