When the careless behavior of your doctor or another medical professional causes you injuries, you may have a legal claim against them for compensation. Medical malpractice cases can be challenging, so having a lawyer from our law firm can take the weight off your shoulders.
A medical malpractice lawyer from our firm serving Pensacola can thoroughly investigate your case and get the evidence that you need to pursue your claim.
Understand Whether You Have a Case for Medical Malpractice
If the negligence or carelessness of a doctor or other medical care provider injures you, you may be able to seek compensation from that provider through a medical malpractice case. State law defines a medical malpractice case as a claim for damages due to the death, injury, or other losses to any person that stems from their medical, dental, or surgical care.
You generally must provide evidence of four separate elements to prove that a doctor committed medical malpractice. These elements include:
- The doctor owed you a duty of care.
- The conduct of the doctor fell below the reasonably prudent standard of care for a professional in the same or similar situation.
- The breach in the duty of care directly caused you injuries that were not reasonably foreseeable or necessary as a result of the treatment.
- You suffered damages as a result of these injuries.
All medical providers owe their patients a duty of care in diagnosing and treating them. The most disputed issue in medical malpractice cases tends to be whether the medical provider breached the standard of care applicable to their profession.
As a result, it is not enough to show that a general practitioner would have handled your medical situation differently than the orthopedic surgeon who performed your surgery. Instead, you must show that another orthopedic surgeon would have treated your situation differently.
Learn how Our Law Firm Can Help You with Your Medical Malpractice Case
The standard of proof in a medical malpractice case can be complex. You cannot simply show that you had a bad result from the medical treatment that you received. An unsuccessful medical procedure or treatment regimen does not always mean that medical malpractice has occurred.
A Pensacola medical malpractice lawyer from our law firm can have your case evaluated by comparable medical professionals to determine whether medical malpractice led to your injuries. An expert medical opinion can be crucial to a successful medical malpractice claim. Having an attorney on your side who can evaluate your case with the help of medical experts will be highly beneficial to you.
Furthermore, our personal injury lawyers can investigate the circumstances that led to your injuries by reviewing medical records and looking at facility protocols. We can build a strong claim for damages and document the full extent of the injuries that you have received.
Find Out what it Costs to Hire a Medical Malpractice Lawyer
When you contact our office, we will provide you with a free case consultation. If you decide to hire our law firm, you will pay us nothing up front to begin handling your case. In fact, you will pay nothing until you receive a financial recovery or settlement for your injuries in your medical malpractice case.
Get Information About Damages in a Medical Malpractice Case
You may be eligible for both economic and non-economic damages in medical malpractice cases. Economic damages relate to a specific financial loss. Non-economic damages concern less tangible injuries that are more difficult to calculate in dollars, such as the loss of a limb or bodily function.
Typical damages in medical malpractice cases can include medical expenses, the costs of further surgeries or rehabilitation, and lost income if you are unable to work. You also may be able to claim damages for pain and suffering, emotional distress, and permanent impairment, scarring, or disfigurement.
Although state law previously placed caps on some damages in medical malpractice cases, Florida courts have ruled those damages caps to be unconstitutional. As a result, there currently are no limits on the amount of damages in a medical malpractice case, with a few exceptions. For example, if your case involves an employee of a county or state, Florida Statutes § 768.28 places limits on the total damages that can be paid in a malpractice case.
Understand how Long You Have to File a Medical Malpractice Case
Under Florida Statutes § 95.11(4)(b), injury victims and their families generally have two years to file their medical malpractice claims in court. This two-year statute of limitations runs from the date that the malpractice occurred or from the date that the malpractice is discovered or should have been discovered with due diligence.
However, this statute establishes additional limits on filing medical malpractice cases. You cannot file a medical malpractice case more than four years from the date that the malpractice occurred. This limitation exists even if you fail to discover the malpractice until more than four years from the date that it occurred.
One exception to this general statute of limitations concerns minor children who are victims of medical malpractice. The four-year limitation does not apply to any suits filed on or before the eighth birthday of the child. An exception also exists for cases in which the medical provider at issue engaged in fraud, concealment, or intentional misrepresentation of fact to prevent victims from discovering that malpractice occurred.
Move Forward with Your Life with the Help of Our Law Firm
If you or a loved one suffered injuries at the hands of a doctor or other medical provider, you may have a medical malpractice claim. A medical malpractice lawyer from our law firm can help you take the first step toward seeking compensation for your injuries from those who are responsible for causing them.
Contact the Law Offices of Anidjar & Levine today by calling 1-800-747-3733. Get a free consultation about your potential claim and learn more about what we can do to help you and your family.
We Can Help.
