Fort Lauderdale Medical Malpractice Lawyer
Experience and aggressiveness to get you on the path to recovery.
Were You a Victim of Medical Malpractice? Consult with a Skilled Fort Lauderdale Medical Malpractice Lawyer
Medical malpractice is a significant concern, with alarming statistics showing its prevalence throughout the United States. A John Hopkins study found that over 250,000 Americans die annually due to medical errors, making it the third leading cause of death in the U.S.
This stark reality underscores the need to hire an experienced medical malpractice lawyer in Fort Lauderdale. At Santana Injury Law, we are dedicated to holding healthcare providers accountable for their mistakes.
We understand the trust you place in medical professionals and are committed to seeking justice for those harmed by negligence. Rely on our expertise to navigate your case and secure the compensation you deserve.
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Most Common Causes of Medical Malpractice in Fort Lauderdale
According to data from healthcare oversight boards and renowned institutions like Johns Hopkins, the State of Florida experiences a significant number of medical malpractice claims each year. These incidents, ranging from misdiagnosis to surgical errors, underscore the critical importance of investigating questionable care and unusual outcomes.
If you suspect medical malpractice has caused you harm, contact Santana Injury Law.
Our Fort Lauderdale medical malpractice attorney understands the complexities of these cases better than most. We hold negligent healthcare providers accountable, ensuring you receive the compensation you deserve.
Medical malpractice in Fort Lauderdale happens for a variety of reasons. Here are some of the most frequent causes we have encountered.
Misdiagnosis
A delayed or inaccurate diagnosis which leads to improper treatment and worsening of your condition.
Surgical Errors
Mistakes during surgery, such as operating on the wrong organ or incomplete repairs.
Anesthesia Errors
Medication errors or improper monitoring during anesthesia can lead to serious injuries and sometimes, death.
Inadequate Medical Decision Making
Healthcare providers must make well-informed decisions regarding patient care. Inadequate decision-making involves misinterpreting test results, recommending incorrect treatments, or failing to refer patients to specialists when needed.
Birth Injuries
Negligence during childbirth and delivery, resulting in harm to the mother and potentially life-long consequences for the child.
Hospital Negligence
Substandard nursing care, ignoring complaints and symptoms, and failure to monitor a patient's condition or report material changes to the patient’s doctors.
Get the Help You Deserve from Our Fort Lauderdale Medical Malpractice Lawyer
Medical malpractice leads to a variety of serious health issues, many of which can have lasting impacts if not addressed timely. Here are some common injuries our Fort Lauderdale medical malpractice lawyer can assist with:
Surgical Trauma
Mistakes during surgery are almost innumerable and include nerve damage, infection, and damage to healthy organs.
Misdiagnosis or Delayed Diagnosis
Failing to diagnose, or diagnosing an illness incorrectly, prevents timely medical treatment, often worsening conditions like autoimmune diseases or chronic pain, impacting overall health and prognosis.
Birth Injuries
Hypoxia, decreased blood flow and oxygen, and neurological harm are the unfortunate result of inadequate delivery care and management. Errors during labor and delivery may lead to conditions in newborns such as cerebral palsy, brachial plexus injuries, or brain damage. These injuries are catastrophic, requiring lifelong care and significantly impairing the quality of the child’s life.
Medication Errors
Improper medication management and even over prescribing overloads the internal organs and metabolic system, culminating in adverse reactions, overdose, and exacerbating existing diseases.
Anesthesia Errors
Mistakes involving anesthesia usually involve inadequate monitoring during a surgical procedure, resulting in temporary but extended loss of vital signs, and sometimes death. Other effects include brain damage, coma, and asphyxia.
Acquired Infections
Hospital-acquired infections, whether from surgery or improper sanitary practices, are extremely prevalent and cause difficult to manage cases. These infections may be resistant to treatment, further complicating recovery and good outcomes.
Psychological Trauma
The emotional impact from the physical harms of malpractice are often even more profound and life-altering. Depression, anxiety, permanent lifestyle restrictions, inability to work, and even PTSD are commonplace.
Remember, this overview doesn’t cover all possible medical malpractice injuries; any harm from medical negligence can be serious.
No matter the nature of your injuries or obstacles, Santana Injury Law is ready to assist. Contact our skilled Fort Lauderdale medical malpractice lawyer to guide you through the legal proceedings. Our dedicated team will seek justice from the responsible parties and secure your rightful compensation.
Who's Liable for Medical Malpractice in Fort Lauderdale?
Understanding the relationships between physicians, medical groups, and hospital systems is critical to pursuing a successful medical malpractice case. Here’s a breakdown of possible parties, the concept of negligence, and what happens when multiple parties are at fault.
Possible Parties
- Doctors and Surgeons: The most common defendants in malpractice cases. Errors in diagnosis, treatment, and patient management render them liable.
- Hospitals and Clinics: Institutions are liable if they fail to ensure proper care, fail to ensure compliance with facility standards, or if they outright employ a healthcare provider or represent one as their own agent.
- Nurses and Technicians: These healthcare providers can be held responsible if they fail to advocate for patients or perform their limited roles to accepted standards.
- Pharmaceutical Companies: May be responsible if their drug has harmful side effects or is marketed improperly.
Understanding Negligence
Negligence in medical malpractice involves a breach of the standard of care expected in the medical community by similar healthcare providers. This analysis is extremely complex and detail oriented.
To prove negligence, a plaintiff must show:
- A duty of care was owed by the doctor to the patient.
- The duty was breached according to accepted standards.
- The breach proximately (i.e., legally) caused the injury.
- The injury led to damages in terms of unnecessary treatment or further harm.
Comparative Negligence
Florida follows the comparative negligence rule, meaning if a patient is partially at fault, their compensation may be reduced by their percentage of fault. For instance, if a patient is found to be 20% at fault for their injury, their compensation would be reduced by 20%.
Multiple Parties at Fault
In many cases, multiple parties may share responsibility for the malpractice. For example, a nurse fails to alert a doctor of a critical lab result, but the doctor also fails to follow up on the testing they ordered. Each party’s liability will be apportioned based on their degree of fault. This is a legal analysis that does not have clear, bright line answers.
Do not make assumptions about liability, especially in medical malpractice cases. At Santana Injury Law, our experienced Fort Lauderdale medical malpractice attorney can thoroughly investigate your case and ensure all liable parties are held accountable.
What Are The Potential Damages If I Am a Victim of Medical Malpractice in Fort Lauderdale?
Here are the main categories of damages you might be able to recover with our Fort Lauderdale medical malpractice attorney:
Economic Damages
Economic damages compensate victims for the financial losses directly resulting from medical malpractice. These can include:
- Medical Expenses: All past, current, and future medical costs related to the malpractice, including hospital bills, medication, physical therapy, and any other medical services.
- Lost Wages: If negligence has caused you to miss work or will prevent you from working in the future, you are entitled to compensation for lost earnings.
- Rehabilitation Costs: Expenses related to ongoing rehabilitation, including physical and occupational therapy, as well as mental health counseling.
- Other Out-of-Pocket Costs: Any additional expenses incurred due to the malpractice, such as traveling to medical appointments and insurance co-pays.
Non-Economic Damages
Non-economic damages are intended to compensate for the non-financial impacts of medical malpractice. These damages are very hard to quantify but involve:
- Pain and Suffering: The physical pain and emotional distress you have endured.
- Loss of Enjoyment of Life: Permanent restrictions in your normal routine and activities, like exercising, vacationing, leisure and social activities.
- Emotional Distress: The psychological impacts of a physical harm, such as anxiety, depression, or PTSD, resulting from the malpractice.
- Loss of Consortium: Adverse impacts to your relationship with your spouse and vice versa, including lack of or diminished intimacy and arguments.
Punitive Damages
In some rare cases, punitive damages are available. These are meant to punish the healthcare provider for particularly egregious or reckless behavior rather than directly compensate the victim. However, punitive damages are less common and usually require clear evidence of intentional misconduct or gross negligence. Conduct that might give rise to these punishing a healthcare provider are falsifying the medical record or intentionally concealing evidence of malpractice so it cannot be discovered.
Wrongful Death Damages
If a loved one has died due to medical malpractice, certain family members may be entitled to wrongful death damages. These include:
- Funeral and Burial Expenses: Costs associated with the funeral services, burial plots, and cremation.
- Loss of Financial Support: If the deceased was a primary earner and supported others at the time of their death, those family members would be entitled to ongoing financial assistance.
- Loss of Companionship: Emotional despair and lost companionship by the surviving family members due to the death of their loved one.
Our skilled medical malpractice lawyer in Fort Lauderdale can help you understand your rights, gather necessary evidence, and build a strong case to ensure you receive the compensation you deserve. We will handle negotiations with all insurance companies and represent you in court if needed, allowing you to focus on your recovery.
What to do if you Suspect Medical Malpractice?
Following a suspicious medical event, navigating the path to recovery can be overwhelming. Here are some necessary first steps to take:
Seek Medical Attention
See a doctor, even for just a second opinion. Undetected injuries may be discovered, and a documented medical record strengthens your case..
Gather Evidence
Collect medical records related to the alleged malpractice. Keep copies of prescriptions, test results, and billing statements.
Keep Calm & Quiet
If you suspect malpractice, keep it to yourself. You do not want to alert your physicians you suspect them and give them a leg up on the investigation and creating defenses.
Consult a Medical Malpractice Lawyer
An experienced attorney can assess your case, determine if malpractice occurred, and guide you through the legal process.
These steps are essential for developing a strong case and protecting your financial and personal well-being. Collaborating with an experienced Miami medical malpractice attorney greatly improves your ability to handle legal complexities efficiently and obtain just compensation effectively.
What to Expect from Our Fort Lauderdale Medical Malpractice Attorney
At Santana Injury Law, our Fort Lauderdale medical malpractice attorney provides compassionate guidance, steadfast support, and aggressive representation throughout your case.
We battle the big insurance companies daily to hold healthcare providers accountable and ensure you receive the compensation you deserve.
Here’s what you can expect when you choose Santana Injury Law.
Free Case Evaluation
We understand the financial burden you are facing. Our initial consultation is free, allowing you to discuss your case in detail with a qualified medical malpractice attorney in Fort Lauderdale. We will ask questions about your medical history, the alleged malpractice, and any injuries you sustained. Based on this evaluation, we will advise you of your legal options and the potential value of your case.
Comprehensive Investigation
Our legal team will launch a thorough investigation into the suspected malpractice. This involves: Requesting & reviewing medical records related to your treatment and the alleged malpractice, Investigating and identifying all parties involved, including employers and medical practices, Consulting with medical experts to assess whether a breach of the standard of care occurred.
Clear Communication and Regular Updates
We believe in open communication. Your in Fort Lauderdale medical malpractice attorney will keep you informed of every step in the process and address any questions or concerns you may have as your case develops.
Aggressive Negotiation with Insurance Companies
Our experienced attorney will negotiate aggressively with the insurance company on your behalf. Our goal is to secure the maximum compensation you deserve for past and future medical bills, lost wages, pain and suffering, and other damages.
Unwavering Representation - In or Outside Court
We are committed to fighting for your rights and achieving the best possible outcome. If a fair settlement cannot be reached with the insurance company, we are prepared to take your case to trial.
Case Resolution
Our goal is to resolve your case efficiently and effectively, so you receive the compensation you deserve and can return as much as possible to your normal life.
Why Choose Santana Injury Law As Your Trusted Medical Malpractice Lawyer in Fort Lauderdale?
Here’s why Santana Injury Law is the right choice to stand by your side:
Proven Results
We have a successful track record of holding negligent healthcare providers accountable. We understand the complexities of medical malpractice cases and know how to effectively and swiftly secure maximum compensation for our clients.
Deep Understanding
Our team collaborates with highly credentialed medical experts to ensure a thorough analysis of your specific case. This expertise allows us to effectively focus on the strengths and weaknesses of your case during litigation and when presenting evidence to your benefit.
Relentless Advocacy
We treat our clients with compassion and empathy throughout the legal process. You can expect clear communication and regular updates at every stage of your case.
Maximizing Your Compensation
Our goal is to recover the maximum compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages related to your medical malpractice case.
No Upfront Costs
Lawyers are expensive and good ones even more so. You won't pay a dime to our firm unless we win your case. We work strictly on a contingency fee basis, meaning our fees are a percentage of the compensation we recover for you.
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Frequently Asked Questions
We work on a contingency fee basis, meaning we only get paid if you win your case. The fee is typically a percentage of the settlement or award, so you do not have to pay upfront legal fees.
The time to resolve a medical malpractice claim in Florida varies greatly, and often is a years long process, based on:
- The complexity of the medical evidence and providers involved.
- The severity of injuries and subsequent treatment.
- The defendant’s response to the lawsuit and willingness to cooperate and settle.
In addition, the legal process is lengthy due to the mandatory pre-suit investigation period followed almost always by contested court proceedings.
Yes, signing a treatment consent form does not waive your right to file a medical malpractice claim but it can complicate it. Consent forms typically cover known risks, but they do not excuse negligence or substandard care. Our medical malpractice lawyer in Fort Lauderdale can help determine if your injury was due to malpractice despite having signed a consent form and how to navigate that potential obstacle.
In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date the incident occurred or from the date the injury was discovered, or reasonably should have been discovered. However, there is an absolute deadline of four years from the date of the incident, regardless of when the injury was discovered. There are some exceptions, such as cases involving fraud, concealment, or misrepresentation by the healthcare provider, which may extend these time limits. It’s crucial to act promptly to ensure your case is filed within these deadlines. Contact us today to get your claim started!
No, you cannot directly sue a healthcare provider for medical malpractice if their negligence caused you harm. Florida has a statutory “pre-suit” framework which must be followed in any medical malpractice case. This requires a thorough up front investigation of the entire claim beforehand by the claimant’s law firm, an affidavit from a suitable expert confirming that evidence of negligence exists, and notice of the claim to the responsible parties and entities. That notice begins a mandatory ninety (90) day investigation period by the defending parties, who must then determine if they believe the claim has merit and respond accordingly. The entire process is time consuming, expensive, and full of potential pitfalls. A well-versed Miami medical malpractice lawyer is absolutely critical for success
Proving medical malpractice involves demonstrating that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused your injury. Medical records, expert testimony, facility policies, imaging studies, and a host of evidence must be identified, organized, and put into an understandable package to build a strong case on your behalf.
We handle all kinds, ranging from delayed care, surgical errors, misdiagnosis, medication errors, monitoring failures, and pregnancy injuries. Our reliable Fort Lauderdale medical malpractice lawyer is equipped to handle complex medical malpractice claims, having done so for years.
Bring any relevant medical records, documentation of medical expenses, correspondence with healthcare providers, and a detailed account of the incident. This information will help determine what information is available and what may be missing in order to complete a comprehensive case assessment.
Yes, many medical malpractice cases are settled out of court through negotiations and sometimes before a lawsuit is filed. Our Fort Lauderdale medical malpractice attorney will strive to achieve a fair settlement, but we are also prepared to take your case to court and jury trial if necessary to obtain the fairest outcome.
Medical negligence refers to a healthcare provider’s failure to meet the standard of care, while medical malpractice involves the legal process of holding the provider accountable for that negligence. Both terms are often used interchangeably in legal contexts.
Get a Free Medical Malpractice Case Evaluation in Fort Lauderdale
If you or someone close to you has suffered due to medical negligence in Fort Lauderdale, contact Santana Injury Law today. Reach out to us at (305) 564-2529 for a no-cost consultation to review your case and explore your legal options.
