When a medical provider makes a serious mistake and causes you harm, you might be able to file a medical malpractice claim and recover damages for your medical bills, lost wages, pain and suffering, and more. But medical malpractice cases are often challenging. The laws and protocols surrounding malpractice are complex, there are various elements you must establish to prove liability, and the doctor or insurer may try various tactics to deflect responsibility.
But if you or your loved one suffered an injury due to a health professional’s carelessness or preventable error, you certainly deserve justice—and financial compensation for your losses. At the Law Firm of Anidjar & Levine, we can help you get it. Call us today to discuss your case, free of charge, with a medical malpractice lawyer in Pompano Beach.
What Exactly Constitutes Medical Malpractice?
Malpractice is a legal term that many people do not fully understand. It refers to situations where a treating medical professional fails to follow the accepted standards in his or her industry. If this failure causes an injury to a patient, it may constitute malpractice.
All professionals—doctors included—make mistakes. Not every mistake is so unreasonable that it warrants a lawsuit. For the courts or insurer to deem a medical professional’s behavior as malpractice, the wrongful conduct—or “tort”—must have fallen short of the professional medical standard. In other words, to qualify as malpractice, the provider must have made a mistake that other, similarly credentialed professionals in similar situations would not have made.
For example, all obstetricians should know to test pregnant patients’ blood pressure to rule out or diagnose hypertension, a condition which is dangerous to the mother and baby. If your doctor fails to administer the checks and does not diagnose high blood pressure during pregnancy, and you or your baby suffer harm as a result, the OB’s actions would be negligent and may potentially justify a malpractice case.
If you suffered harm at the hands of your doctor, call us today. We can evaluate the details of your case and help you understand whether it constitutes medical malpractice.
Do I have a Valid Medical Malpractice Case?
Negligence is just one aspect of a medical malpractice case. To have a viable claim, there are really four elements we must establish:
Duty of Care
The provider had a professional duty of care to you. For the most part, general doctor-patient relationships fulfill this requirement.
Breach of Duty
This is where the wrongful act comes in. We must prove that the provider rendered substandard care. His or her actions must have been negligent or wanton. To prove this breach, we will consult with medical experts who can attest to the accepted standards of care in their field. We will include this expert testimony in our notice to your doctor when we file your malpractice claim.
Causation
We also have to show that the provider’s actions are what caused your injuries. In other words, you would not have sustained harm had it not been for the provider’s negligence.
Damages
Lastly, you must have sustained actual financial, physical, or emotional losses from the provider’s negligence that are compensable. We can show proof of these losses using your medical bills, prescription drug costs, rehabilitation expenses, and employment records. We may also consult with experts regarding the cost of your future medical needs and the effect your injury will have on your career trajectory.
To determine if your case qualifies for a claim, request a free consultation with one of our lawyers today.
What Kinds of Malpractice Cases does the Law Firm of Anidjar & Levine Accept?
At the Law Firm of Anidjar & Levine, our team of tough, skilled lawyers can facilitate all types of medical practice cases in Pompano Beach and throughout Florida. We represent patients and their families who have suffered serious injuries and health issues resulting from medical errors.
As part of our mission to serve our clients, we help victims hold negligent doctors, nurses, surgeons, specialists, pharmacists, clinics, and hospitals financially liable for the harm they cause. Some of the most common types of malpractice cases we have come across include:
- Misdiagnosis and delayed diagnosis;
- Surgical mistakes, such as operating on the wrong patient, performing the wrong procedure, or leaving surgical instruments behind inside of the patient;
- Pregnancy, labor, and delivery mistakes;
- Negligent follow-up care;
- Prescription mistakes, including administering the wrong medicine or wrong dosage.
In some cases, fault may not lie with the medical professional, but with a manufacturer. For instance, if a medical device—such as hernia mesh or an IUD—was defective or unreasonably dangerous and caused your injury, we might be able to help you pursue damages from product manufacturer. After we review the facts of your case, we will tell you whether you have a valid case, which party we will pursue action against, and what the next steps are in the process.
Is there a Time Limit on Medical Malpractice Cases?
Yes. Pursuant to Florida statutes, you have two years from the day you discovered your injury to take legal action, as long as you discover it within four years of the day your accident occurred. There is a little more leeway with time limits for children, though. The four-year window does not apply to cases brought on or before a child’s eighth birthday.
Regardless of how much time has passed since your injury, it is important not to procrastinate in taking action. There could be unforeseeable delays with paperwork, evidence can take a significant amount of time to collect, and we must cover a lot of ground in a short amount of time. You do not want to risk overstepping the time limit and losing your right to compensation. Plus, the more time we have to work on your case, the more prepared and stronger it will be. Speak to one of our lawyers straightaway to get the ball rolling.
Consult a Medical Malpractice Lawyer in Pompano Beach—for Free.
Our medical malpractice lawyers provide free, no-obligation consultations to injured victims in Florida. We also do not charge legal fees unless and until we win your case, so there are no up-front costs on your part.
To arrange for a meeting, call the Law Firm of Anidjar & Levine. Let us help you get the compensation you need and deserve.
We Can Help.
