Medical Malpractice Lawyers Fort Lauderdale
When your medical care ends up causing you harm instead of treating an illness or injury, you need the help of a skilled lawyer who understands the intricacies and complications involved in Florida medical malpractice cases. Doctors and other medical professionals are not expected to be miracle workers, but they are expected to perform their jobs exercising a level of skill, responsibility, and knowledge that is reasonable based upon generally accepted medical standards. You may not have the in-depth medical training necessary to know exactly what went wrong in your case, but it is important to understand that you have the right to hold medical professionals accountable for negligent care that causes you to suffer unnecessarily.
At Lawlor, White & Murphey, we understand that there is no amount of money that can make up for the pain and suffering caused by a serious and long-lasting injury, but we fight tirelessly to hold the medical professionals who have caused your injury responsible for their actions. The skill and experience possessed by a lawyer is particularly important in complicated medical malpractice cases, and our lawyers have decades’ worth of experience successfully helping clients recover compensation in these cases so that they can move on with their lives.
Common Issues Driving South Florida Medical Malpractice Claims & Lawsuits
Medical malpractice can take on many forms but generally occurs when a doctor, nurse, technician or some other medical professional does not adhere to generally accepted standards developed by the medical community. Medical malpractice that may provide grounds for recovering compensation from the medical provider include:
- Emergency room errors
- Surgical errors, such as leaving equipment in the patient or operating on the wrong body part
- Failure to properly identify or diagnose a condition
- Prescription drug errors
- Birth injuries
- Unreasonable delays in diagnosing a condition
- Failure to ask about allergies or the patient’s medical history
- Failure to obtain proper consent before performing a procedure
- Use of faulty or unsanitary medical equipment
- Incorrect administration of anesthesia
- Delayed C-Sections
- And more
Committed to Improving Patient Safety in South Florida
Proving that your injuries were caused by medical malpractice can be complex, but the lawyers at Lawlor, White & Murphey have the experience and the resources necessary to handle even the most complicated medical malpractice claims. We put the full force of our resources to work in every medical malpractice case we take on, and will:
- Analyze your medical records
- Consult with reputable medical experts to identify the relevant standard of care in your case
- Evaluate the medical facility or doctor’s record to identify any pattern of malpractice
- Advocate on your behalf with the team of defense attorneys and insurance adjusters employed by the medical facility or doctor
- Fight for your rights in court if necessary
Obtaining Maximum Compensation for Medical Malpractice Claims & Lawsuits
For our lawyers, medical malpractice cases are about more than just securing the compensation that you need to move forward—we are serious about holding medical professionals responsible for their negligent actions so that we can help ensure the safety of all South Florida patients. To do this, we fight to maximize compensation awards in every single medical malpractice case we take on and believe that by holding medical professionals financially accountable to the fullest extent of the law, we will encourage the responsible behavior that we expect from our trusted doctors and medical teams. We will work to obtain compensation for your:
- Medical expenses, including additional costs for treating the harm caused by the malpractice
- Rehabilitative care
- In-home modifications made necessary by serious harm
- Lost wages and employment benefits
- Lost future earning potential
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Loss of support or consortium, and funeral expenses, in a wrongful death case
Call Today for a Free Initial Consultation
If you have concerns about the treatment you received in a hospital or other medical facility, schedule a free initial consultation with our Fort Lauderdale-area medical malpractice lawyers today. You can tell us what happened in your case by filling out this brief online contact form and we will get back to you promptly, or call our offices to schedule an appointment today. If you are still recovering from your injuries, we are willing to travel to the hospital or your home to meet if you prefer. Make sure to do your homework and hire one of the best medical malpractice lawyers in Fort Lauderdale.
Frequently Asked Questions About Florida Medical Malpractice Claims
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.
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.