Fort Lauderdale Medical Malpractice Lawyer
Florida’s medical practitioners have an ethical and legal duty to care for the well-being and health of their patients. The complexities of medical diagnosis and myriad of ailments and treatments render medical malpractice an intricate area of law.
Those who suspect a healthcare provider has caused harm should promptly call an experienced Fort Lauderdale medical malpractice attorney to schedule a consultation to determine if a viable case exists. Skilled malpractice injury lawyers can help to pursue compensation if a viable case is determined.
Scope of Medical Malpractice
Medical malpractice in Fort Lauderdale is an improper, unskilled, or negligent treatment performed by a physician, anesthesiologist, dentist, nurse, pharmacist, or other healthcare professional. The most frequent causes that lead to medical malpractice lawsuits in Fort Lauderdale include:
- Failure to properly diagnose
- Patient suffered an abnormal injury
- Failure to properly treat
- Poor documentation of patient instructions
- Errors in administering medications
- Failing to follow safety procedures
- Informed consent was improper or non-existent
Of all medical disciplines, these areas generate the most medical malpractice lawsuits:
- Ob/GYN and women’s health
- Internal and family medicine
Medical Malpractice Negligence
Medical professionals in Florida have a duty to treat their patients according to the state’s medical standard of care, which is care that does not deviate from care performed by competent and skilled providers working in the same medical discipline.
To prove medical malpractice negligence, the patient must prove that the provider violated the medical standard of care either by committing an act or failing to act, called a breach, and the breach caused the injury or death and monetary damages.
Statute of Limitations
A time limit for taking legal action exists. Florida law provides that a person bringing a medical malpractice lawsuit in Fort Lauderdale must do so within two years of the incident or the discovery of the incident.
However, Florida’s statute of repose provides that a health care provider cannot be sued for medical malpractice after four years of the malpractice incident.
If the statute of limitations lapses, the patient is barred from ever suing for that incident.
Making a Medical Malpractice Claim
Proving a medical malpractice lawsuit in Fort Lauderdale hinges upon the medical standard of care. Because of the highly technical aspects in the field of medicine, it will be necessary to hire medical experts from the same field as the defendant to testify on the plaintiff’s behalf. The defense will also use experts to prove that the medical standard of care was met. Expert witnesses help jurors grasp technical information that is foreign to them.
An experienced Fort Lauderdale medical malpractice attorney also can subpoena records of the medical procedures used as evidence and will question, under oath, the medical provider and others involved.
Because the injuries caused by malpractice are often life changing, damages can be significant. Damages are used to pay for medical care, additional surgeries, therapy treatments, loss of current and future income, training if the injured party can no longer do the same work, pain and suffering, emotional distress, punitive damages if the malpractice was egregious, and other damages that may apply. Medical malpractice cases often are settled without going to court by arbitration or an agreement between the parties. Consult an experienced injury attorney today.