Fort Lauderdale Medical Malpractice Lawyer
If you or a loved one is a victim of medical malpractice, contact a Fort Lauderdale Medical Malpractice Attorney at Friedland & Associates immediately to start working on your case. In order to qualify as a medical malpractice issue, we will need to prove that the medical professional failed to uphold their duty of care to you, and this failure directly caused or led to injury or damages. If you believe that your situation meets the aforementioned criteria, or you are unsure, schedule a free consultation with an experienced attorney as soon as possible.
You do not need to suffer indefinitely for your medical professional’s errors without financial compensation, and we will work with you to get you an amount that is fair and deserved for your pain. Read more about medical malpractice suits in Florida below, and schedule your initial consultation today.
Statute of Limitations for Medical Malpractice
It is important that we begin this process as soon as possible, because Florida has a few determinants of a statute of limitations for medical malpractice:
- 2 years: You have two years from discovering your injury to begin your lawsuit
- 4 years: Including the two years from discovering your injury, you have four years from when the malpractice occurred to file a suit. If you have not identified an injury within 4 years, it is extremely unlikely that the injury occurred from the medical procedure, and will not be heard in court.
There are some exceptions to the statute of limitations, but are very specific:
- The Florida statute of limitations does not apply to a minor under the age of 8
- If the medical professional is found to have fraudulently concealed the malpractice, the statute is 7 years from the incident, or 2 years after when the injury was ultimately discovered.
Regardless of your personal situation, it is a good idea to begin this process as soon as possible. Medical malpractice injuries will lead to more medical bills, lost wages, and other financial detriments that can have a major impact on your life. The sooner you are able to recover damages, the sooner you will be able to stop worrying about these economic issues and focus on recovery.
Florida Medical Malpractice Damage Caps
There are, and have never been, damage caps for economic factors such as medical bills, lost wages, or future bills or lost wages incurred from the medical malpractice injury.
Damage Caps Are Unconstitutional
Until 2017, the state of Florida had damage caps for non-economic damages in medical malpractice cases. These caps limited victims of medical malpractice to $500,000 of non-economic damages, such as diminished quality of life, and pain and suffering, and $1,000,000 for situations that resulted in death. However, the Florida Supreme Court ruled that these caps were unconstitutional because they reduced awards for people with severe injuries, and abolished them with decision SC15-1858. Since then, victims of malpractice have no damage caps that limit their non-economic damages arbitrarily.
Types of Medical Malpractice
There are many examples of medical malpractice, and an omission of an action can be determined to be medical malpractice just as much as an action or procedure itself. The following are some common examples of medical malpractice lawsuits in Florida, but if you do not see your injury below, this does not mean you are not eligible to file a lawsuit:
Failure to Properly Diagnose
If you are able to prove that your failure to be diagnosed (or misdiagnosed) was the result of your doctor’s inability to meet their standard of care. This could be proven by showing that your illness could have been identified by a professional in the same or similar specialty, and will likely require expert testimony to prove.
If you were prescribed incorrect medication or dosages and suffered injuries because of it, you may be able to sue for medical malpractice. You must be able to prove that this was a preventable error in order to prove your right to damages. These errors are more completely defined by the National Coordinating Council for Medication Error Reporting and Prevention.
There are many surgical errors possible that would lead to an injury. Some common ones include nerve damage, infections, anesthesia issues that lead to injuries or death, or possibly even leaving an object in your body. If you have suffered any injury resulting from a surgical procedure, you may be able to file a lawsuit for damages.
Other situations that can lead to a medical malpractice suit could be issues involving childbirth, a complete failure to diagnose something like heart disease, blood clots, or acute instances such as appendicitis, or being improperly discharged from a hospital. No matter the specifics of your medical injury, speak with a personal injury attorney in Fort Lauderdale today to discuss your options and get greater insight into your potential case.
Can Friedland & Associates Take My Medical Malpractice Case?
If you have suffered injuries or ailments following what you believe was an act of medical malpractice, contact us today in order to schedule a free consultation. During your consultation, we will go over the circumstances that led up to your injury, your experience with the negligent medical professional, identify their duty to you, and determine the validity of your possible case. This will be a great opportunity for you and us to understand how we will work together on this case, and identify high-level outcomes we will aim for.
When you are working with the team at Friedland & Associates, you can be confident that you are represented by a team of legal professionals who will fight to win you the damages that you rightfully deserve following your injuries. We look forward to working with you, and helping you move forward from this difficult and painful time in your life.