If the negligence of a doctor, nurse, or another type of medical professional caused harm to you or a loved one, you may have the legal right to compensation. A medical malpractice lawyer in Homestead can provide much-needed help and counsel during this difficult time.
At the Law Firm of Anidjar & Levine, our compassionate lawyers can evaluate your case and explain your options. We can ensure that you get the medical care and attention you need and help you pursue your claim for fair compensation.
You can contact us any time at 800-747-3733 for a free consultation.
Did My Doctor Commit Medical Malpractice?
Under the Florida statutes, medical professionals provide services that include diagnosing, treating, performing surgery, prescribing medications, providing therapy, and offering other services to treat illness, injury, disease, and pain. To commit medical malpractice, the doctor or medical professional must commit medical negligence in the course of practice, either through their action or inaction. In addition, someone must subsequently sustain injuries or die.
Some of the most common locations where malpractice occurs include:
- Medical practices;
- Emergency rooms;
- Outpatient surgical centers;
- Urgent care facilities;
- Maternity wards;
- Psychology practices;
- Medical testing labs;
- X-ray or imaging centers;
- Dental practices;
- Residential care centers; and
- Nursing homes.
Malpractice is not limited to physicians, surgeons, and nurses. The statutes apply also to pharmacists, therapists, physician assistants, nurse practitioners, or any trained professional who delivers medically related services.
It is important to note that making a mistake, even if someone dies as a result, does not constitute statutory malpractice. We must prove that the doctor or practitioner was negligent in some way. If we can demonstrate negligence on the part of the practitioner, you should have a legal right to file a claim for fair compensation.
How Much Is My Medical Malpractice Claim Worth?
Facing a serious injury or even the death of a loved one, you worry about how you will pay the medical bills that resulted from the injury. You worry about how you will support yourself and your family, especially if you cannot work. Prevailing in your malpractice claim can help put all those worries behind you and assure you the medical care you need to recover from your injuries.
The value of your claim depends on the facts of your case. We will gather all of the relevant evidence to arrive at the value of your claim, which may include some or all of the following:
- Medical bills to date;
- Lost wages to date;
- Estimated future medical costs;
- Estimated future loss of income;
- Loss of future earning potential;
- Pain and suffering; and
- Hedonic damages—or the loss of life’s enjoyment.
If you suffered a permanent injury or disability, we will calculate any additional value of your loss based on case law, medical expert testimony, and other legal sources.
Medical Malpractice and the Reasonable Standard of Care
The courts refer to the reasonable standard of care to determine whether a medical practitioner committed malpractice. This legal standard compares the actions of your doctor to those of a reasonable practitioner of the same background as your doctor.
In other words, the court considers how other medical professionals would have handled your case. If your doctor departed from that standard of care, he or she violated the reasonable standard in the court’s eyes. Under the Florida medical malpractice statutes, this constitutes medical malpractice.
Common Types of Medical Malpractice
Medical malpractice can occur any time a health care professional fails to follow the reasonable standard of care while treating a patient. Some of the most common types of malpractice are:
- Diagnostic errors;
- Delayed or missed diagnosis;
- Delayed or missed treatment;
- Surgical errors;
- Childbirth errors;
- Errors in medication dosage;
- Administering the wrong medication;
- Delayed or missed medication;
- Infection due to unsanitary conditions; and
- Failure to advise patients of treatment risks.
Some of the most common types of malpractice-related injuries include:
- Lost digits or limbs;
- Nerve damage;
- Internal injury;
- Brain injury;
- Long-term or permanent disability;
- Disfigurement; and
How Does a Lawyer Prove Medical Malpractice?
We will gather evidence related to your injuries and, using that information, build a case to prove negligence and a violation of the reasonable care standard. This requires us to demonstrate the four elements of negligence:
- Duty of Care:The doctors or medical professionals owed you a duty of reasonable care when providing your treatment;
- Breach of Duty:The doctor breached his or her duty to you by failing to provide a reasonable standard of care;
- Causation:The doctor caused your injuries by breaching his or her duty to you; and
- Actual Damages:You sustained actual, provable damages as a result of your injuries.
To support your actual damages, we will provide proof of your injury and the associated costs. This may include witness statements, statements from other doctors, medical expert testimony, medical records, photographs, and other supporting documents as necessary.
What If I Signed a Consent Form for Treatment?
Even if the doctor advised you of risks associated with your treatment and you signed a consent form, you retain the right to pursue a claim for malpractice.
Consent forms do not limit a medical practitioner’s liability or duty to provide a reasonable standard of care. Despite what the doctor’s attorney may try to tell you, you cannot legally sign away your rights to pursue a claim if you sustained injuries as a result of medical negligence.
However, it is imperative that you do not speak with any attorneys or sign any documents without consulting with one of our lawyers first. The insurance company may attempt to induce you to sign away your legal rights before we can submit your claim.
Choosing a Medical Malpractice Lawyer in Homestead
The sooner you enlist the help of an attorney, the better your chances for a favorable outcome in your case.
The Law Firm of Anidjar & Levine provides professional representation to individuals who have sustained injuries and to families of wrongful death victims. Contact us today to learn more about how you can recover the compensation you deserve for your injuries. Call 800-747-3733 now to schedule an appointment with a medical malpractice lawyer in Homestead.