Patients should be able to trust their medical providers to provide them with good, quality care. In Florida, medical professionals must meet educational, ethical, and certification standards to lawfully practice medicine.
Unfortunately, doctors, nurses, and other medical professionals all too often make serious, unreasonable mistakes. These errors can result in serious patient injuries and even death. At the Law Firm of Anidjar & Levine, we fight to help patients recover damages for injuries they suffered at the hands of their healthcare providers.
If you or a loved one has experienced an injury or complication due to a medical mistake, we can help. Call 800-747-3733 today to schedule a free case analysis with a medical malpractice lawyer in Hollywood.
What constitutes medical malpractice?
Medical malpractice cases hinge on the concept of negligence. In other personal injury cases, we work to show that the at-fault party breached a duty of care to keep you free from harm. For medical malpractice claims, the process is more complicated.
To qualify as malpractice, it is not enough to show your doctor made a mistake during the course of your treatment. Instead, we have to prove that your medical provider breached the acceptable standard of care. The physician must have made some kind of mistake that other, similarly credential physicians in similar situations would not have made.
For example, if you went to the emergency room complaining of chest pain, arm pain, a stiff jaw, sweating, and dizziness, the treating physician should know that these are telltale heart attack symptoms and treat you accordingly. If, however, your doctor dismissed your symptoms as indigestion or stress, sent you home, and you later sustained a massive heart attack, the doctor’s oversight and poor care may constitute legal malpractice.
What types of medical malpractice cases does the Law Firm of Anidjar & Levine handle?
Our firm handles all types of medical malpractice cases in Hollywood and throughout Florida. Our attorneys have the experience, skills, and determination to take on even the toughest cases. Some of the most common types of malpractice cases we receive include:
- Surgical mistakes, such as unnecessary surgeries, performing surgery on the wrong site, performing a procedure on the wrong patient, undertaking the wrong surgical procedure, or leaving instruments inside the patient;
- Delayed diagnosis, wrong diagnosis, or misdiagnosis;
- Prescription mistakes like administering the wrong drug, doling out the wrong dosage, or prescribing dangerous drug combinations;
- Childbirth injuriesand pregnancy errors;
- Anesthesia mistakes; and
- Providing poor follow-up care.
What are my legal options?
If you suffered harm due to a medical provider, the first step is to talk to one of our lawyers about your case and determine if you meet all the criteria to take legal action. The criteria include the four fundamental elements of negligence:
- The provider owed you a duty of care;
- The provider breached that duty;
- You suffered harm because of the provider’s negligence; and
- You sustained physical or emotional harm that warrants damages.
If the facts indicate that you are a victim of medical malpractice, Florida law affords you the right to pursue compensation for your losses from the at-fault party either via an insurance claim or civil lawsuit.
Who is responsible for my damages—the doctor or the hospital?
Liability for medical malpractice is complex. Any provider along the chain of care can play a role in a patient’s injuries and potentially be responsible for damages. We may be able to seek compensation from:
- Hospital or clinic administration;
- In-home care providers; and
- Specialists like chiropractors, dentists, or plastic surgeons.
In most cases, we would file your claim against the business entity, not the individual. For example, if an ER doctor made the mistake and he works for the hospital, liability would revert to the hospital. Sometimes this can get tricky, though. If the doctor works in the ER on an independent contractor basis, we would probably file your claim with his personal practice’s insurance.
Medical malpractice liability can be difficult to determine, so consult our lawyers for help.
How does a medical malpractice claim work?
After investigating your case, identifying the party legally responsible for your injuries, and collecting evidence, we will open a liability claim and request appropriate compensation for your current and future losses related to the injury.
In order to successfully file a claim, we must consult with a medical expert about your case. This expert’s testimony will establish that your doctor violated the accepted standard of care during the course of your treatment.
The malpractice insurance company will review the claim, investigate the evidence, and either accept the claim—and offer you a settlement—or deny your right to compensation. If we cannot reach a fair settlement or the insurer wrongfully denies your case, our team will be ready to take your case to court and continue fight for your best interests.
It is essential that you avoid accepting any settlement offer from the doctor, his lawyer, or the insurer without first running the case by our attorneys. These initial, under-the-table offers are typically far lower than the true value of your case. Let us help you fight for maximum compensation.
What kinds of damages can I collect in a medical malpractice case?
We will pursue compensation for all of the physical, emotional, and financial losses associated with your injury. This includes:
- Medical and rehabilitation expenses;
- Loss of wages;
- Household services;
- Long-term disability;
- Disfigurement and scarring;
- Emotional losses;
- Pain and suffering; and
- Lower quality of life.
In some cases, you might also be eligible for punitive damages. These are financial awards that the court orders the defendant to pay for willful wrongdoing or reckless misconduct. These damages punish the defendant and deter future misconduct.
When we prepare your case, we will document the full extent of your current and future losses and paint a clear picture for the insurer or court of how the mistake has hurt you, your family, and your finances. We will fight for the restitution and justice you deserve.
Get a free consultation with a Hollywood medical malpractice lawyer.
Call the Law Firm of Anidjar & Levine today so we can get started with your claim. We will review your case and discuss your legal options for compensation. For a free legal consultation, call 800-747-3733 and schedule a one-on-one meeting with one of our Hollywood medical malpractice attorneys.