You trust medical doctors with your health and well-being. When a medical professional betrays that trust, however, it can result in serious personal injury or even death.
Malpractice does not always occur at the hospital or in a doctor’s office. It can take place anywhere a medical practitioner fails to practice in accordance with reasonable standards of care.
Because proving malpractice requires experience and an in-depth knowledge of complex legal issues, you need the help of the Law Firm of Anidjar & Levine. We understand this challenging field and we specialize in providing our clients with dedicated, professional representation. Call us today at 800-747-3733 to schedule a free claims analysis with a medical malpractice lawyer in Sunrise.
How does medical malpractice occur?
As defined in Chapter 458 of state statutes, malpractice happens when a doctor, surgeon, nurse, pharmacist, or another type of medical treatment provider exhibits negligence while providing treatment or care. Their actions or lack of appropriate action consequently causes pain, injury, disease, deformity, or other detrimental mental or physical conditions.
Malpractice may occur during diagnosis, treatment, testing, or the prescription and administration of medication.
To qualify as malpractice under Florida law, the actions—or lack of action—of the doctor or practitioner in your case must have directly led to your injuries. Mistakes do not necessarily signify malpractice unless they violate the legal standard of reasonable care.
The reasonable standard of care examines how a competent medical professional with similar education and experience would have acted in the same situation.
If the doctor or medical professional in your case conducted themselves differently than another, qualified practitioner would have, your malpractice case may have merit. We can examine the details of your situation to determine if your doctor’s actions violated the reasonable standard of care. If so, we will secure the medical expert testimony we need to attest to this and proceed with your claim for compensation.
How can I pursue fair compensation for malpractice?
If we can prove your doctor violated the reasonable standard of care, he or she may have committed malpractice and you may have a legal right to a settlement. We can help you file a claim against a doctor, hospital, medical practice, or other type of treatment providers. It is essential you contact as soon as possible after your injury, however, as Florida law provides only two years to file a malpractice claim for damages.
Some of the potential damages you may sustain include the need for more medical treatment, surgery, medications, home care, rehab, or physical therapy. If you have missed work, we will include your lost wages in the claim as well as projections for your future lost earning potential.
Your claim may also include compensation for pain and suffering and compensation for any long-term disability or other significant losses. We will provide hard evidence of your right to these damages through your medical bills, employment records, and testimony from experts who can attest to your prognosis and likely future damages.
Settlement of your malpractice claim depends on our ability to prove negligence in your case.
How will my lawyer prove negligence?
To win your case, we must prove that the doctor’s actions led directly to your injuries. This requires demonstrating the four essential elements of negligence.
- Duty of care:Doctors, surgeons, and other medical practitioners owe you a reasonable duty of care whenever they provide services.
- Breach of duty:If the doctor’s actions or inactions violated the reasonable standard of care, he or she breached their duty to you.
- Causation:If you sustained any harm due to the doctor’s breach of duty, that breach caused your injuries.
- Damages:If you sustained actual damages due to the doctor’s breach of duty, they are liable for those damages.
We have the high degree of specialized knowledge and experience necessary to navigate within Florida’s medical malpractice laws. We will also draw upon the testimony of experts in this field to help support your claim.
Florida law requires us to present medical expert testimony in support of your claim for malpractice. This testimony can also benefit your case in court, by helping the jury gain a clear understanding of the relevant facts.
What are the most common types of medical malpractice?
Malpractice can occur any time a care provider violates the reasonable standards of care during the course of treatment. Some of the most common types of medical malpractice in Sunrise include:
- Diagnostic errors;
- Diagnostic delay;
- Treatment delay;
- Failure to diagnose or treat;
- Errors in prescription, dosage, or administration of medications;
- Performing surgery on incorrect organ or limb;
- Failure to advise patients of treatment risks;
- Failure to follow sanitary standards; and
- Errors in childbirth.
In addition to these common types of negligence, malpractice can occur in virtually any setting that provides medical, dental, orthodontic, therapeutic, or other modalities of treatment. No matter how or where your injury occurred, contact our office immediately. We can look at your case to determine if you have a claim for malpractice.
What types of injuries can occur from medical malpractice?
Malpractice victims may sustain injuries that include organ or brain damage, loss of a limb or digit, adverse reactions to medications, infection, and broken bones. In childbirth, doctor error may lead to birth defects or the death of the mother, the baby, or both.
Most medical treatment carries some degree of risk. Doctors and surgeons must advise patients of the known risks of treatment. However, even if you agreed to treatment and signed a consent form, you maintain your legal right to pursue a claim for malpractice. Giving your consent for treatment does not release the doctor or surgeon from the reasonable standard of care.
The Law Firm of Anidjar & Levine can handle your medical malpractice case.
Contact an attorney as soon as you become aware of an incident of malpractice, or even suspect practitioner negligence. The sooner your lawyer can begin gathering evidence, the better your chances are for a favorable outcome.
The Law Firm of Anidjar & Levine will provide a free case review and consultation to discuss your options for filing a malpractice claim or lawsuit. Contact us today at 800-747-3733 to schedule an appointment or to speak directly with a medical malpractice lawyer in Sunrise.