Doctors receive extensive training and must prove their skills again and again before they can treat patients on their own. This is because when a doctor or other healthcare provider does not provide the right treatment or follow the prescribed protocols, the outcome is rarely positive. The well-being of every patient is in their hands, so there are strict standards doctors must follow.
If doctors or other care providers fail to follow the proper protocol and a patient suffers complications, further injury, or pain and suffering, this may be medical malpractice. If your healthcare provider acted in a negligent manner and you sustained damages because of it, the attorneys at the Law Firm of Anidjar & Levine can help.
If your doctor committed medical malpractice, you have the right to file a claim against them and hold them accountable for your expenses and other damages. Our Boca Raton personal injury lawyers can help you recover compensation for your financial and emotional losses. Call us today for a complimentary consultation with a medical malpractice lawyer in Boca Raton.
How does Florida Law Define Medical Malpractice?
Doctors, like anyone else, make mistakes. However, they have an obligation to act in a reasonable and skilled way while treating patients. Under Florida’s medical malpractice laws, malpractice occurs any time a doctor or other trained practitioner fails to follow the expected protocols and procedures any other professional with the same training would adhere to and a patient suffers because of it.
Learning the protocols necessary to treat each illness or injury is a huge part of a doctor’s education. There are protocols to follow when evaluating, diagnosing, and treating any health complaint. These standards ensure all patients receive the same high-quality treatment and protect them from further illness or injury. Breaking these protocols is a serious misstep.
Medical malpractice can happen in many ways. Often, we see situations where doctors:
- Fail to diagnose the right condition;
- Provide the wrong treatment or fail to provide treatment;
- Allow preventable injuries, including birth injuries;
- Cause preventable surgical complications;
- Give patients the wrong medication; or
- Write prescriptions for the wrong medication.
It is not always clear whether your hospital or clinic damages occurred because of a mistake or medical malpractice. We can help you understand the difference and explain your legal options. When possible, we can pursue a malpractice insurance claim or a civil lawsuit to recover compensation on your behalf.
How Can I Recover Compensation for My Damages?
Under Florida law, medical malpractice cases hinge on showing your doctor did not do what a reasonable practitioner with the same training and experience would have done. If we can demonstrate this failure and show it caused your injuries, we can successfully prove negligence. For several reasons, it is impractical or impossible to handle this type of claim on your own. You will want to call us as early in the process as possible.
We prove malpractice by using our vast network and expansive resources to identify another doctor with a similar training background and work history to the practitioner in your case. This doctor submits written testimony for us about the proper protocol for your condition and what a doctor should do to evaluate, diagnose, and treat you. The courts require us to present this affidavit from a qualified medical expert before we can pursue compensation.
After we collect this written testimony, we serve the liable parties with a required notice, informing them of our intent to file a lawsuit or take other legal action. From the time they receive the notice, they have 90 days to look into the situation and offer you a compensation package to cover your damages. This compensation offer is usually the starting point for our settlement negotiation talks. We aggressively pursue the full value of your claim, going after all the compensation you deserve.
We are not afraid to take on the malpractice insurance company and their lawyers and we are often successful in getting a fair settlement during this process. Rarely, we may need to file a civil lawsuit against the doctor, hospital, or other liable party in order to get the payout you deserve.
How much Can I Recover in My Medical Malpractice Case?
While we cannot tell you exactly how much we can recover for you until we reach a settlement with the liable parties and their insurer, we can help you understand the types of damages you can expect to collect. We can also give you a fair settlement range after we learn more about your economic losses and the emotional effects you have suffered.
Some of the types of economic losses you can expect to recover through a medical malpractice claim include:
- Medical costs incurred because of the malpractice;
- Missed wages from time away from work;
- Ongoing care costs related to the malpractice injuries; and
- Other related costs.
We will also request non-economic, or emotional, damages. Sometimes called pain and suffering, these damages are not based on actual expenses. Instead, we can look at similar cases and use special techniques to put a value on your losses. Florida law limits this type of damages if we take your case to court. These caps include:
- $500,000 for a claim against a single doctor or individual hospital;
- $750,000 for a claim that involves an unlicensed non-practitioner;
- $1 million if the victim is in a vegetative state or died; and
- $1.5 million if an unlicensed non-practitioner caused death or a vegetative state.
Occasionally, the judge will override these limits. They may also award additional damages, known as punitive damages. They use these damages to punish the doctor or hospital for particularly reckless or heinous behavior.
How can I Talk to a Medical Malpractice Lawyer in Boca Raton for Free?
The Florida statute of limitations on a medical malpractice claim may be as short as two years. It is paramount you talk to a personal injury attorney as soon as possible. At the Law Firm of Anidjar & Levine, we offer free case evaluations to help you better understand your legal options based on your specific circumstances.
We can handle even the most complex medical malpractice cases, fighting the liable doctor or hospital and their legal team to recover the compensation you deserve. Call us now to get started.
We Can Help.
