When doctors and other healthcare providers act negligently, their patients can suffer from serious, painful complications. Some may even die as a result of their doctor’s actions. Medical malpractice not only causes physical harm to victims, but also leads to difficulty trusting other physicians and care providers.
The lawyers at the Law Firm of Anidjar & Levine understand your desire to hold your doctor liable for their poor decisions and negligent actions. We can help you file a claim to recover your medical expenses, lost wages, pain and suffering, and more. Call us today at 800-747-3733 to discuss your legal options with a medical malpractice lawyer in Hialeah. We offer complimentary case reviews for every potential client.
What is medical malpractice?
Medical mistakes do not always constitute malpractice. Malpractice only occurs when a doctor, nurse, hospital, or other care provider fails to follow accepted protocols and this results in injury or complications for the patient.
Medical malpractice occurs in almost every specialty of medicine in a wide variety of ways. In general, we see malpractice occur most commonly when:
- A doctor fails to diagnose an obvious medical condition;
- They do not follow commonly accepted treatment standards;
- They allow preventable birth injuries;
- They prescribe or dispense the wrong medications; and
- They make preventable surgical mistakes, such as leaving sponges or instruments inside a patient during an operation.
We have seen hundreds of examples of these types of cases. We can analyze your situation and help you understand if your injuries occurred because of medical malpractice. Because we offer free case evaluations, you have nothing to lose.
How can I pursue compensation after a medical malpractice incident?
Medical malpractice cases hinge on proving the healthcare provider acted in a negligent manner. Doctors must complete extensive education and undergo hands-on training before they treat a patient on their own. The medical field holds its standards of practice high to reflect this level of experience. Under Florida law, the courts expect a doctor to provide the same level of care as any other competent practitioner in the same area with the same amount of training and experience.
This means your care providers have a responsibility to follow certain protocols and procedures to diagnose and treat your health concerns. If they fail to do so and you suffer because of it, we may be able to help you file a claim for compensation based on negligence.
If you believe you suffered injuries or complications because of medical malpractice, it is important to call us as soon as possible after the incident occurs or you become aware of the issue. Florida has a two-year statute of limitations for most malpractice cases, meaning we only have two years to file a lawsuit against the negligent practitioner and/or their employer. Occasionally, you may have a little more time to take legal action, but it is better to act as quickly as possible. This ensures your rights remain protected and makes it easier for us to collect evidence and build a strong case against the doctor or hospital.
Do I have to find a medical expert to testify that my doctor acted negligently?
Florida law requires a medical expert to sign off on your claim before you can file. However, this is not something you need to worry about. We have a vast network of partners and resources that allow us to identify and contact an expert in almost any medical specialty.
Before filing your claim, we will locate a medical expert with experience and education similar to your doctor. Then, we will collect their written testimony explaining how a competent care provider would react to your situation, and whether or not the doctor who treated your followed these policies, procedures, and protocols. This effectively shows you have a valid claim against your doctor or hospital.
Only then can we serve the negligent doctor with the special notice required to file a medical malpractice claim in Florida. From the date of this notice, the doctor or hospital’s malpractice insurance provider has 90 days to offer you the compensation you deserve.
In most cases, we are able to negotiate a fair payout during this period and collect the money our clients need to pay for their medical bills, care costs, lost wages, and pain and suffering. If we cannot reach a fair settlement before the 90-day deadline, we can file a medical malpractice lawsuit against the doctor and/or hospital.
Are there limits on the damages I can recover?
In addition to economic damages that pay for your medical treatment and cover lost wages, we will also request noneconomic damages to cover your pain and suffering. Florida law limits the amount you can recover for your noneconomic losses. This cap includes:
- A $500,000 cap in claims against a doctor or individual hospital;
- A $750,000 cap in claims against unlicensed non-practitioners;
- A $1 million cap—$1.5 million for unlicensed non-practitioners—in claims where the malpractice left the victim in a vegetative state or resulted in death; and
- The option for the judge to override these caps when the victim suffers lifelong injuries that require ongoing nursing care.
Occasionally, we will also request punitive damages if the doctor acted in a particularly heinous way or there is reason to believe they will continue to act in an incompetent manner.
After we collect enough evidence to allow us to fully understand your situation and future medical needs, we can estimate the value of your claim. With this information, we can help you understand how much you may be able to collect when we negotiate a settlement and aggressively pursue the payout you need.
How can a medical malpractice lawyer help?
Because of the complexity of medical malpractice laws, it is not a good idea to pursue this type of claim without our experienced medical malpractice attorneys on your side. We know how to navigate this complicated process. This includes identifying expert witnesses, collecting their affidavits, and following all mandatory procedures before we can file a claim on your behalf.
In fact, it is difficult to even know if you have a viable medical malpractice claim without first discussing your case with someone who understands this nuanced area of law. This is why it is important to call us early on after a medical mistake. We can evaluate the merits of your case and go to work on winning the compensation you deserve.
How can I contact the Law Firm of Anidjar & Levine?
At the Law Firm of Anidjar & Levine, our attorneys are available for complimentary consultations in Hialeah. Call our offices today at 800-747-3733 to make an appointment for your free case evaluation.