If you or a family member were harmed due to a medical error in Fort Lauderdale, Florida, call (954) 361-3997 for legal assistance today. An experienced Fort Lauderdale medical malpractice lawyer at Workman Car Accident & Personal Injury Lawyers can help you understand your legal options during a free consultation.
Our lawyers have over 22 years of combined experience in personal injury law. Since we opened our doors, we’ve won over $40 million in settlements and jury verdicts. Medical malpractice cases can be incredibly complex, but our team is prepared to help your family fight for the full compensation you deserve.
Why Is Workman Car Accident & Personal Injury Lawyers the Best Choice To Handle My Medical Malpractice Claim in Fort Lauderdale?
From day one, the negligent healthcare provider will have insurance and defense teams fighting to avoid liability. You need an experienced and respected Fort Lauderdale lawyer in your corner. Our team at Workman Car Accident & Personal Injury Lawyers is prepared to help you stand up to the insurance companies and fight for every available dollar.
For our success, our Fort Lauderdale personal injury attorneys have earned a place on the Million Dollar Advocates’ Forum. We’ve also earned over 300 five-star Google ratings from our satisfied clients since we opened our doors.
Our attorneys don’t back down from a fight. We’ll work tirelessly until we’ve secured the best possible results in your case. Call us today to start fighting for the money you deserve if you’ve been injured in Fort Lauderdale, FL.
Overview of the Laws on Medical Malpractice in Florida
Most of us don’t have the medical training necessary to properly evaluate the medical care we receive. We have no choice but to trust trained medical professionals to safeguard our health.
From a legal standpoint, the law recognizes this. That’s why medical malpractice laws hold medical providers to certain standards. While no healthcare provider can promise a perfect outcome, they can be held responsible when they cause harm due to failure to comply with the relevant standard of care.
Medical malpractice laws apply to all healthcare professionals. The relevant standard often depends on the individual’s role in the medical world.
Types of Medical Malpractice Cases We Handle
At Workman Car Accident & Personal Injury Lawyers, our attorneys handle all types of medical malpractice claims, including cases involving:
- Surgical errors
- Misdiagnosis
- Delayed diagnosis or failure to diagnose a disease
- Hospital negligence
- Radiology errors and lab errors
- Hospital-acquired infections
- Anesthesia errors
- Prescription drug errors
- Emergency room errors
- Birth injuries
- Nursing negligence
These and other medical errors can leave patients struggling with unnecessary pain and trauma. Precisely identifying the error can also be difficult. Hiring an experienced attorney is the best way to protect yourself if you suspect you’re suffering due to a medical error.
How Common is Medical Malpractice in Florida?
According to some studies, roughly 400,000 hospitalized patients experienced some type of preventable harm due to medical errors each year.
Florida ranks fourth on the list of states that have paid the highest amounts in medical malpractice insurance payouts since 2017. Between 2017 and 2023, Florida insurance companies paid over $13.4 billion to settle malpractice claims.
What Causes Most Medical Errors in Fort Lauderdale?
Some of the most common causes of medical errors include:
- Understaffed medical facilities
- Fatigued medical providers
- Charting and communication errors
- Failure to adequately monitor the patient
- Untrained or inexperienced medical providers
- Misinterpreting lab results
- Failure to order the proper diagnostic tests
- Lab mixups
- Failure to take a complete patient history
- Failure to obtain the patient’s informed consent
- Under or over-treatment
- Failure to recognize the patient’s symptoms
- Failure to refer to a specialist when needed
Many different factors may have played a role in your situation. Count on our attorneys to launch a full investigation so that we can understand exactly why you’re suffering.
How Much Compensation Should I Expect From My Fort Lauderdale Medical Malpractice Case?
There isn’t a simple answer to this question. That’s because there’s no such thing as a standard settlement. Even if your case involves mistakes that are similar to those in other cases, your situation will always be unique.
Every case depends on the unique facts and circumstances, including:
- The nature of the victim’s harm
- Whether the medical error caused permanent or long-term damage
- Financial costs associated with the medical error
- The nature of the mistake itself
- The value of any income the victim lost due to the error
- Whether the error results in harm that impairs the victim’s earning capacity
- The victim’s age
- The victim’s life expectancy and earning capacity before and after the error
- The personal pain, suffering, and trauma experienced by the victim
As a general matter, mistakes that lead to more permanent and serious harm tend to also result in higher settlements and verdicts.
When it comes to maximizing the value of your compensation award, hiring an experienced attorney is one of the most important things you can do. When you’re dealing with a defendant’s insurance company, an experienced Fort Lauderdale medical malpractice attorney will be your greatest asset.
What Types of Damages Are Available to Victims of Medical Malpractice in Fort Lauderdale?
Victims of medical negligence can seek compensation from doctors, hospitals, and any other medical provider that is legally liable. “Damages” is the legal term for the losses caused by medical malpractice.
Examples of the economic damages that are often available to victims of medical negligence include:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Nursing care and assistance
- Out-of-pocket expenses
Examples of the more personal non-economic damages that may be available include:
- Pain and suffering
- Emotional distress
- Anxiety
- Depression
- PTSD
- Diminished quality of life
- Reduced life expectancy
- Loss of consortium and other damages for wrongful death
You don’t have to let the negligent healthcare provider’s defense team dictate the terms of your settlement. Our lawyers are prepared to help you prove the full range of damages you have experienced due to the medical error.
How Much Does It Cost To Hire a Lawyer To Handle a Medical Malpractice Claim in Florida?
Your lawyer’s fees depend completely on how successful they are in recovering compensation in your case. Our law firm works on a contingency fee basis. When you hire us, you’ll agree to pay a fixed percentage of your settlement or verdict.
This means that there’s no risk in hiring an experienced attorney. You’ll never be on the hook for attorneys’ fees if your injury lawyer is unable to recover compensation in your case.
Can Florida’s Comparative Fault Law Have Any Impact on the Value of My Fort Lauderdale Medical Malpractice Claim?
While comparative fault is often an issue in personal injury cases, shared fault isn’t as common in medical malpractice cases. It is possible that the negligent doctor will try to minimize their liability by claiming that you failed to mitigate damages–meaning that you didn’t take reasonable steps to prevent the harm from becoming worse.
Florida has a modified comparative negligence law. You can recover some compensation if you shared fault, so long as your share of fault was not more than 50%.
What Do I Have To Prove To Win a Medical Malpractice Case in Florida?
Injured parties always have the burden of proving that someone else was responsible for the harm they’ve experienced. This is true in both personal injury and medical malpractice cases.
To win compensation based on medical malpractice, you must prove:
- You were the defendant’s patient, so they owed you a legal duty of care
- The standard of care you should have received
- The care the defendant provided fell below the relevant standard of care
- You suffered some type of harm due to the defendant’s failure to adhere to the standard of care
- You suffered damages
Establishing the “medical standard of care” is often complicated. The standard will vary depending on the medical condition involved, your age, and your general health. The medical provider’s role is also relevant.
Under Florida law, the standard of care is the level of care recognized as “acceptable and appropriate by reasonably prudent similar health care providers.” It’s a highly fact-intensive issue.
How Long Do I Have To File a Medical Malpractice Lawsuit After a Medical Error in Florida?
In Florida, a two-year statute of limitations governs most medical malpractice cases. You must generally file a lawsuit within two years of the date the error occurred. That said, a discovery rule may apply. In some cases, the two-year clock doesn’t start running until the date you discover, or reasonably should have discovered, the harm.
Contact an Experienced Fort Lauderdale Medical Malpractice Lawyer for a Free Consultation
If you were a victim of medical malpractice in Fort Lauderdale, Florida, Workman Car Accident & Personal Injury Lawyers is here to help you fight for compensation. Call today to learn how an experienced Fort Lauderdale medical malpractice lawyer can advocate for you.
