We trust our doctors, surgeons, and other medical practitioners to make us well—or at least not make us suffer further illness or injury. Sometimes, though, these caregivers veer from the accepted protocols and procedures and their patients suffer because of it.
If you believe your doctor committed medical malpractice, leaving you with injuries or a worsening illness, you need to talk to an experienced medical malpractice lawyer as soon as possible. At the Law Firm of Anidjar & Levine, our medical malpractice team can help you understand if you have a case against the doctor, the clinic, or the hospital. Our North Miami personal injury lawyers can fight for the full value of your case and recover the compensation you deserve. Call us today to schedule a complimentary consultation with a medical malpractice lawyer in North Miami.
What Is Medical Malpractice?
Becoming a doctor requires years of education and hands-on training to learn all the accepted protocols and procedures used to triage, diagnose, and treat patients. While every case that comes into the clinic, emergency department, or hospital is different, there are still certain protocols in place doctors must follow. When they fail to follow these procedures and it causes the patient to suffer, this is malpractice.
South Florida medical malpractice can occur in a wide variety of ways, but we see some types more commonly than others. In general, doctors commit medical malpractice by:
- Failing to understand the serious nature of a condition;
- Failing to diagnose a condition because they did not follow procedure;
- Failing to follow the standard, accepted treatment protocol;
- Failing to stop preventable injuries;
- Causing avoidable birth injuries;
- Prescribing the wrong medication;
- Failing to notice or advise of drug interaction or reaction; and
- Leaving instruments inside the patient or committing other surgical mistakes.
We can help you understand if the mistake your doctor made constitutes medical negligence and explain your legal options for compensation based on the facts of your case. Call us today and we can get to work recovering the money you deserve.
What Role Does an Expert Witness Play in a Medical Malpractice Case?
Florida requires an expert witness to testify that a doctor or other practitioner committed malpractice before they will allow any case to proceed. This expert witness must have similar training and experience as the doctor who committed malpractice and must be able to testify about the current best practices and protocols. We have a network of experts available to us who can submit a written affidavit on your behalf.
The expert testimony we must submit with our claim must include:
- What a competent and reasonable doctor would do to triage, diagnose, and treat you based on your symptoms; and
- Whether your doctor took the actions a reasonably competent practitioner might take based on the facts of your case.
In many cases, the expert’s written testimony is the key piece of evidence to prove malpractice. For this reason, we partner with only the most competent and reliable experts for these cases.
What Can I Expect During the Claims Process?
After we collect the expert witness testimony, we will work to collect all other evidence to prove malpractice and document your injuries and financial losses. Then, we file the paperwork that notifies the doctor and hospital of our claim and the process of recovering your compensation begins.
Once your doctor’s legal team receives notice of our claim, they have 90 days to investigate the incident, determine what happened, and offer us a fair settlement based on the documentation of your losses we presented. Usually, we receive a fair settlement offer during this period. Most medical malpractice cases settle out of court.
However, if your doctor or hospital denies any wrongdoing, refuses to negotiate, or will not offer a fair settlement, we can pursue a civil lawsuit against them as soon as the 90-day window closes. We are not afraid to take on any medical group, hospital, or individual doctor. We have the resources available to fight for the compensation you deserve, no matter the situation.
When Do I Need to Talk to a Lawyer?
It is important to begin the claims process as soon as possible. Florida has a statute of limitations in place for medical malpractice cases, although it can be difficult to determine exactly what this deadline is without discussing your situation with one of our attorneys.
In most cases, you have two years from the date you discover you suffered injuries before you lose eligibility to file a civil suit against the doctor. In other cases, you may have a maximum of four years from the date of the malpractice. If the victim is under the age of 18, there may be an extended time period for filing a lawsuit.
What Types of Damages Can I Recover?
We can recover a wide range of damages, depending on your injuries and losses associated with the medical malpractice incident. These include both economic losses and non-economic losses.
Economic losses include:
- Medical bills;
- Rehabilitation and physical therapy;
- Lost wages and reduced earnings;
- Ongoing care costs; and
- Other related expenses.
Non-economic losses primarily include pain and suffering damages. While we can always ask for the full value of your economic losses, state laws limit your non-economic damages if we have to litigate your case.
We can sometimes ask the judge to override these limits, especially when catastrophic injuries occurred and you or your loved one will likely require lifelong ongoing care. We may also levy the facts of your case to request extra compensation through punitive damages. This type of damages punishes the liable party in an attempt to prevent similar incidents in the future. Punitive damages are usually only awarded in cases where the practitioner was particularly reckless or acted intentionally.
How Can I Reach A Medical Malpractice Lawyer In North Miami?
The Law Firm of Anidjar & Levine has a team of medical malpractice attorneys who handle cases throughout South Florida. We offer free case evaluations, meaning you have nothing to lose by discussing your case with one of our knowledgeable North Miami lawyers. Call us today to make your appointment.
We Can Help.
