Fort Lauderdale Medical Malpractice Lawyers

Medical malpractice is a form of negligence that occurs when a medical professional, such as a doctor, nurse, or therapist commits an act or omission that causes an injury to a patient. Negligence can arise as a result of erroneous acts or omissions in diagnosis, treatment, post-procedure care, or health management.

The answer to this question will vary based upon the specific facts of your case. More complex medical malpractice cases may take years to resolve, especially if a trial is required to resolve the case. The time that it will take will vary based upon the injuries or illness you have sustained, the strength of the evidence in your case, the availability of medical experts and the specific insurance company, hospital and/or medical facility involved. Some cases are relatively clear-cut and can be resolved quickly, but others will take time and resources—both of which our medical malpractice lawyers are willing to use for our clients.

We handle car accident claims throughout South Florida including but not limited to:
Pompano Beach Medical Malpractice
Lake Worth Medical Malpractice
Fort Lauderdale Medical Malpractice
Boynton Beach Medical Malpractice
West Palm Beach Medical Malpractice
Boca Raton Medical Malpractice
Delray Beach Medical Malpractice
Wellington Medical Malpractice
Miramar Medical Malpractice
Coral Springs Medical Malpractice
Greenacres Medical Malpractice
Palm Beach Gardens Medical Malpractice
Royal Palm Beach Medical Malpractice
Sunrise Medical Malpractice
Plantation Medical Malpractice
Jupiter Medical Malpractice
Hollywood Medical Malpractice
Pembroke Pines Medical Malpractice

Under Florida law, the statute of limitations for filing a medical malpractice lawsuit is technically two years from the date of harm, or the date you discovered that some type of malpractice caused your injury or illness. Despite this, Florida law also imposes what is known as a “statute of repose”, under which you must bring a medical malpractice lawsuit within four years of the date the malpractice occurred—in other words, the Florida legislature makes a determination that you should discover your harm within four years after the date of the malpractice, and essentially imposes this additional limit to prevent frivolous lawsuits. Exceptions to the general time periods do exist if the doctor or medical provider committed fraud or tried to conceal an error.

Learn more about Florida’s statute of limitation in our Video FAQ.

Although many people believe that any adverse outcome from medical treatment is the result of medical malpractice, this is often not the case. Instead, medical malpractice only occurs when a medical professional owes a duty to a patient and in the course of the professional’s treatment of the patient breaches the applicable standard of care, and the patient is thereby injured by the professional’s breach of the duty of care and incurs some form of compensable harm.

In most medical malpractice cases, the standard of care is defined as the acts or conduct that a reasonable medical professional (of similar training and experience to the professional who treated you) would do under the same circumstances of your treatment in the same geographic community. The standard of care recognizes that medical professionals do make mistakes and errors and that some patients suffer adverse outcomes in their treatment, but that such outcomes are legally compensable only if they are the result of a medical professional failing to do what other professionals would do under the same circumstances.

Informed consent refers to a patient’s agreement or authorization to undergo a medical treatment or procedure. Consent to treatment is considered “informed” if (1) the patient (or his or her surrogate) has the ability to understand the medical information presented to him or her, the consequences of alternative treatment options, and the ability to make an independent, voluntary decision, and (2) the patient (or his or her surrogate) has been provided with the patient’s diagnosis (if known), the nature and purpose of the recommended treatment or procedure, the risks and expected benefits of all treatment options (including foregoing treatment). Consent to medical treatment is not considered valid unless it is informed consent.

A “certificate of merit” is a document that must be filed alongside a court complaint for a claim of medical malpractice. The certificate of merit sets forth that a medical expert has reviewed the plaintiff’s case and, in the expert’s opinion, there is a reasonable probability that the defendant medical provider was negligent in treating the plaintiff and that negligence caused injury and damages to the plaintiff. Without a certificate of merit, a court will usually dismiss a medical malpractice lawsuit.

Some of the most common types of medical malpractice that our attorneys frequently see include misdiagnosis and failure-to-diagnose, birth injuries, medication errors (including errors in prescription or administration), surgical errors, anesthesia errors, hospital errors (such as falls or hospital-acquired infections), and nursing errors.

Any medical professional who is negligent in his or her treatment of a patient and thereby harms the patient can be held responsible for medical malpractice. Medical malpractice claims are frequently asserted against treating professionals such as doctors, nurses, physical/occupational therapists, radiology techs, or laboratory techs. The organizations that employ these professionals, such as hospitals, surgical centers, urgent care centers, doctor’s offices, and nursing homes, can also be held responsible for medical malpractice committed by their employees, either through vicarious employer liability or for their direct liability in negligently hiring, training, or supervising employees who posed a substantial risk of causing injury to patients.

You may have a viable medical malpractice case if one or more of your medical providers committed negligence in your treatment. It is not enough that you suffered an adverse outcome from your treatment, such as a misdiagnosis, side-effects from medication, or complications from a surgical procedure. It is also not enough that your medical provider committed a mistake in your treatment. Instead, you may have a medical malpractice case only if your medical provider breached the applicable standard of care in your treatment, and as a result of your medical provider’s breach of the applicable standard of care you suffered some harm or injury that has resulted in compensable damages. 

If you believe you have been the victim of medical malpractice, you should first seek a second opinion regarding your condition from another medical professional — it is important that you have confidence in the treatment you receive from your healthcare providers. You should also speak with an experienced medical malpractice attorney who can review your case and advise you as to whether you may have a viable medical malpractice claim. An experienced medical malpractice attorney will have medical experts he or she can consult with to obtain expert opinions as to whether you suffered malpractice in your case. Finally, an attorney will ensure that your legal rights and options are protected and pursued.

The amount of money that you could receive in a medical malpractice suit will depend on several factors. However, if you were forced to incur additional medical expenses to treat harm or injuries caused by the malpractice you suffered, you may be able to obtain compensation for those expenses. If the harm or injuries you suffered kept you out of work or prevented you from returning to your old job, you may also be able to seek compensation for your lost wages and earning potential. Finally, you may be entitled to receive compensation for pain and suffering or loss of quality of life caused by the harm and injuries you suffered as a result of your medical provider’s malpractice.