We rely on doctors to provide us with the best care possible when we are sick or injured. While most doctors are skilled at what they do, sometimes they make mistakes. When they do, it is called medical malpractice, and it is a serious issue. In fact, medical errors are one of the leading causes of death in the United States.
Birth injuries, surgical errors, diagnostic errors, and medication errors are common, and they can end life as you once knew it in an instant. When this happens as the result of a preventable mistake made by a doctor, nurse, hospital, or other medical professional or facility, you have the right to file a claim for compensation in Florida.
The medical malpractice team at Freidin Brown isn’t afraid to take on hospitals or their insurance companies. To learn more about how our Florida medical malpractice attorneys can protect you, call us today or contact us online.
What You Need for a Successful Medical Malpractice Claim in Fort Lauderdale
In order to bring a successful medical malpractice claim under Florida law, a patient must prove that they suffered an illness, injury, or other complication due to subpar treatment.
Medical providers are obligated to treat patients according to a certain standard of care. What this means is that a doctor, nurse, or hospital should offer care that is at least as good as a reasonably prudent medical provider would have offered under similar circumstances.
When a provider does meet the standard of care and you are injured as a result, you have the right to file a claim for compensation. You need the right legal team on your side. When you want a small firm with big resources to handle your legal needs, Freidin Brown, P.A. can assist you.
Our Medical Malpractice Lawyers in Fort Lauderdale Can Represent Your Claim
What are the different types of medical malpractice claims you can file in Florida? Here are some of the claims we represent:
- Anesthesia error
- Birth injury
- Cancer malpractice
- Doctor error
- Failure to diagnose cancer
- Failure to diagnose stroke
- Fetal heartbeat malpractice
- Heart attack malpractice
- Hospital error
- Medication error
- Misdiagnosis
- Nursing error
- Preventable suicide
- Surgical error
Whether the act of medical negligence happened to you, a loved one, or your child, we can review your case and inform you of your legal options.
Our Florida Medical Malpractice Lawyer Case Results
At Freidin Brown, our medical malpractice firm has proven results. Take a look at some of our case outcomes to see what we have done for other people who were in your position in Florida:
$38,000,000 Verdict
In a case involving twin boys who were born prematurely and developed retinopathy of prematurity, a condition that can lead to blindness, attorneys Philip Freidin and his co-counsel secured a substantial $38 million verdict on behalf of their clients.
Medical malpractice lawyers from Freidin Brown, P.A., successfully argued before a jury in Ft. Myers that the defendant doctor’s failure to properly screen and diagnose the infants resulted in their permanent loss of sight. The attorneys demonstrated that, had the doctor adhered to the appropriate standard of care, the boys’ vision could have been preserved.
$15,500,000 Jury Verdict
In a medical malpractice case tried in Brevard County, Florida, Attorney Philip Freidin secured a substantial $15.5 million jury verdict on behalf of his client, who had been involved in an automobile accident and suffered paralysis due to alleged negligence by Holmes Regional Medical Center and its physicians.
The lawsuit contended that the hospital staff misinterpreted the patient’s MRI scan and consequently failed to prevent the progression of swelling in the spinal cord. As a result of this alleged malpractice, the plaintiff tragically suffered permanent paralysis from the waist down.
$12,700,000 Negligent Care / Brain Injury
In the case of M.N. v. Nicklaus Children’s Hospital, a jury awarded a significant verdict of $12.7 million to a 5-year-old child who suffered a brain injury due to the negligent care provided by the hospital.
The child’s medical malpractice attorneys successfully argued that the hospital’s substandard care directly led to the child’s permanent neurological damage, which will have lifelong consequences for the child and their family.
$9,750,000 Settlement Against Miami Hospital
Jonathan Freidin, an attorney, and Natalia Diaz, a paralegal, achieved a substantial settlement of $9,750,000 for their client, a mother who suffered an ischemic stroke shortly after undergoing a cesarean section at a hospital in Miami.
The legal team successfully demonstrated that the hospital’s negligence led to the stroke, which resulted in significant and lasting consequences for the mother and her family. This settlement will provide the necessary financial support to help the mother cope with the ongoing medical expenses and challenges arising from her condition.
Do you want to read more about Freidin Brown’s case results? You can see more results here.
Victim of Medical Negligence? Speak to a Fort Lauderdale Lawyer Today!
Fort Lauderdale Medical Malpractice Lawyer FAQs
What Is the Average Settlement for a Medical Malpractice Lawsuit in Florida?
The average settlement for a medical malpractice lawsuit in Florida can vary greatly depending on the specifics of each case, such as the severity of the injury, the extent of negligence, and the damages incurred by the plaintiff.
Some factors that can influence the settlement amount include:
- The strength of the evidence
- The skill of the attorneys involved
- The willingness of both parties to negotiate
Additionally, Florida requires plaintiffs in medical malpractice cases to obtain an affidavit from a medical expert before filing a lawsuit. This affidavit must state that there is a reasonable basis to believe that the defendant’s actions constituted medical negligence. This requirement can add to the costs and complexity of pursuing a medical malpractice claim in the state.
Does Florida Have a Cap on Medical Malpractice Claims?
Yes, Florida does have a cap on medical malpractice claims. In 2003, the Florida Legislature passed a law that limits the amount of non-economic damages that can be awarded in medical malpractice cases. Non-economic damages refer to intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Under Florida law, non-economic damages in medical malpractice cases are capped at $500,000 per claimant, regardless of the number of defendants involved. However, there are certain exceptions to this cap. In cases where the malpractice resulted in death or a permanent vegetative state, the cap is increased to $1 million.
It’s worth noting that these caps apply only to non-economic damages and do not limit the amount of economic damages that can be awarded, such as medical expenses, lost wages, and future care costs. Economic damages are calculated based on actual financial losses incurred by the plaintiff as a result of the malpractice.
What Is the Average Settlement for a Medical Malpractice Lawsuit in Florida?
Determining the average settlement for a medical malpractice lawsuit in Florida is challenging, as the amount can vary significantly based on the unique circumstances of each case. Factors such as the severity of the injury, the degree of negligence involved, and the overall impact on the plaintiff’s life play a crucial role in determining the potential settlement value.
The strength of the evidence, the expertise of the attorneys representing both parties, and the willingness of the plaintiff and defendant to engage in settlement negotiations can also greatly influence the final settlement amount.
Given the wide range of variables involved, it is difficult to provide a precise average settlement figure for medical malpractice lawsuits in Florida. However, it is not uncommon for successful claims to result in settlements or verdicts ranging from hundreds of thousands to millions of dollars, depending on the severity of the injury and the strength of the case.
How Long Does a Medical Malpractice Lawsuit Take in Florida?
The length of a medical malpractice lawsuit in Florida can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court’s schedule. On average, a medical malpractice lawsuit in Florida can take anywhere from one to five years to resolve, though this can vary greatly.
The initial stages of the lawsuit, including filing the complaint, serving the notice of intent to sue, and waiting for the 90-day period to expire, can take several months. If the case proceeds to litigation, the discovery process can be lengthy, often lasting a year or more.
If the case goes to trial, it can add additional time to the process, as it may take several months to a year to get a trial date and complete the trial. However, if the parties are able to reach a settlement agreement, the process can be resolved more quickly, often within a year or two.
Three Examples of Medical Malpractice Claims in Fort Lauderdale
You may be wondering if what happened to you qualifies as medical negligence. There is no way to know for sure without getting a consultation with a lawyer. However, here are three examples of what medical malpractice claims can look like:
Example One: Misdiagnosis or Delayed Diagnosis
The mistake: A patient visits their primary care physician complaining of persistent headaches and blurred vision. The doctor diagnoses the patient with migraines and prescribes pain medication without ordering further tests.
The consequences: Several months later, the patient’s condition worsens, and they are diagnosed with a brain tumor by another physician. The delay in diagnosis allowed the tumor to grow and spread, worsening the patient’s prognosis and requiring more extensive treatment.
Example Two: Surgical Error
The mistake: A patient undergoes routine gallbladder removal surgery. During the procedure, the surgeon accidentally nicks the patient’s common bile duct, causing bile to leak into the abdominal cavity.
The consequences: The error goes unnoticed until the patient develops severe abdominal pain and fever post-surgery. The patient requires additional surgeries to repair the damage and suffers long-term digestive issues as a result of the surgical error.
Example Three: Medication Error
The mistake: A patient is prescribed a new medication for high blood pressure by their cardiologist. However, the dosage prescribed is significantly higher than the recommended amount for the patient’s age and weight.
The consequences: The patient takes the medication as prescribed and subsequently suffers a severe adverse reaction, resulting in hospitalization and permanent kidney damage. It is later discovered that the doctor had incorrectly calculated the dosage and failed to consider the patient’s individual factors when prescribing the medication.
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How Your Fort Lauderdale Medical Malpractice Lawyer Will Help You Navigate Your Claim
If you have been harmed by a medical professional’s negligence, a Fort Lauderdale medical malpractice lawyer can help you by:
- Following proper procedures. Medical malpractice lawyers know the process for handling these claims and will ensure everything is done properly, without any mistakes.
- Handling all the paperwork. There’s a lot of paperwork involved in a medical malpractice case. Your lawyer can help with the many documents you will need to file.
- Gathering evidence. Medical malpractice cases are hard to fight. Your legal team will help gather all the necessary evidence to prove your case.
- Valuing your case. Medical malpractice can result in many damages. A medical malpractice lawyer can properly assess the value of your claim.
Med-mal claims are complex, but we will clearly explain every step of the case to you, making sure you understand your options at each stage. We are here to answer your questions and provide you with the support you need during this challenging time.
How to Sue For Medical Malpractice in Florida: Follow These Steps
The process of suing for medical malpractice involves several steps and can be complex, requiring the assistance of an experienced attorney. In general, these are the steps involved in navigating a medical malpractice claim in Florida:
Step One: Determining You Have a Valid Case
The first step is to determine whether you have a valid case. This involves establishing that the healthcare provider owed you a duty of care, breached that duty, and caused you harm as a result. You’ll need to gather evidence, such as medical records and expert testimony, to support your claim.
Step Two: Filing a Complaint With the Court
The next step is to initiate legal proceedings by filing a complaint with the court that has jurisdiction over your claim. Prior to submitting your complaint to the court, you must serve the healthcare provider with a notice of intent to sue. This notice is a formal document that informs the provider of your intention to take legal action against them for alleged medical malpractice.
Step Three: Settling the Claim, When Possible
After the notice is served, there is a 90-day waiting period before the lawsuit can be filed, during which the healthcare provider may choose to settle the case. Many medical malpractice cases are settled before trial, either through negotiations between the parties or through alternative dispute resolution methods like mediation or arbitration.
Step Four: Beginning the Discovery Process
If the case proceeds to litigation, the discovery process begins. This involves exchanging information and evidence with the opposing party, such as deposing witnesses and experts. During this phase, both sides will gather and review medical records, witness statements, and expert opinions to build their respective cases.
Step Five: Going to Trial, When Necessary
The case may then go to trial, where a judge or jury will determine whether malpractice occurred and, if so, what damages should be awarded. Our medical malpractice lawyers in Fort Lauderdale are not afraid to take your case to trial to be determined by a judge or jury. Let our experience in the courtroom work for you during a med-mal claim.
How Negligence Leads to Fort Lauderdale Medical Malpractice Claims
Negligence can manifest in various ways in the medical setting, leading to instances of medical malpractice that form the basis of Florida civil claims:
- Misdiagnosis or delayed diagnosis: If a healthcare provider fails to properly diagnose a condition or delays the diagnosis due to inadequate assessment, testing, or follow-up, the patient may suffer harm from the untreated condition or the delay in receiving appropriate care.
- Surgical errors: Negligence during surgical procedures can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing avoidable complications through improper technique or lack of due care.
- Medication errors: Prescribing the wrong medication, improper dosage, or failing to consider potential drug interactions can constitute negligence and lead to adverse patient outcomes.
- Failure to obtain informed consent: Healthcare providers have a duty to inform patients of the risks, benefits, and alternatives to a proposed treatment or procedure. Failing to obtain proper informed consent before proceeding can be considered negligence.
- Inadequate post-operative care: Negligence can occur when healthcare providers fail to provide appropriate monitoring, follow-up, or care instructions after a procedure, leading to complications or delayed recovery.
- Failure to refer or consult: If a healthcare provider fails to recognize the need for a specialist referral or consultation when the patient’s condition warrants it, this may be considered negligence.
Proving negligence in medical malpractice cases often requires the testimony of expert witnesses who can establish the standard of care and demonstrate how the healthcare provider’s actions deviated from that standard. Fort Lauderdale medical malpractice attorneys work closely with medical experts to hold negligent healthcare providers accountable.
Why You Should Choose Freidin Brown, P.A. to Represent Your Fort Lauderdale Medical Malpractice Claim
When it comes to pursuing a medical malpractice claim in Fort Lauderdale, you can’t afford to trust just any law firm with your case. These cases are notoriously complex and challenging, with numerous pitfalls and potential obstacles that can derail your claim. Florida law makes these cases difficult, with strict requirements that must be met to have a chance at success.
That’s why it’s crucial to choose a law firm with extensive experience and a proven track record in handling medical malpractice cases. At Freidin Brown, P.A., we have the knowledge, skills, and resources necessary to navigate the complex legal landscape of medical malpractice claims in Florida.
Our Fort Lauderdale medical malpractice attorneys understand the intricacies of Florida’s medical malpractice laws and know how to build strong cases that can withstand the scrutiny of defense attorneys and insurance companies. We have a deep understanding of the medical issues involved in these cases, and we work closely with renowned medical experts.
Our firm has a history of success in medical malpractice cases, having won over 20 verdicts in excess of $1 million. We know what it takes to secure substantial compensation for our clients, and we fight tirelessly to hold negligent healthcare providers accountable for their actions.
There Is a Time Limit to File a Fort Lauderdale Medical Malpractice Claim
According to Florida Statutes § 95.11 (4)(c), there is generally a two-year time limit to file a medical malpractice claim from the date the incident giving rise to the injury occurred, or two years from the date the injury was discovered or should have been discovered with due diligence.
This time limit is known as the statute of limitations. This is a law that sets the maximum time period within which a person must initiate legal proceedings from the date of an injury or illness caused by medical malpractice or personal injury claims, after which the claim is barred and cannot be pursued in court.
To file a medical malpractice claim in Florida, it’s best to reach out to a Fort Lauderdale medical malpractice lawyer as soon as possible to have the best chance at seeing justice served. We can help you navigate the complex legal requirements and ensure that your claim is filed within the applicable statute of limitations.
Contact a Fort Lauderdale Medical Malpractice Lawyer From Freidin Brown, P.A. Today
Don’t take chances with your medical malpractice claim. Choose Fort Lauderdale medical malpractice lawyers with the experience, expertise, and track record of success to give you the best chance at securing the compensation you deserve.
Medical malpractice is a common but preventable issue. The courts tend to side with the doctors, so these are hard cases to fight. Let Freidin Brown, P.A. help you with your medical malpractice case.
We have 45 years of experience on our side. Schedule a free consultation to learn more. Contact a Fort Lauderdale medical malpractice lawyer today by calling us today or filling out the online form.