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Fort Lauderdale Medical Malpractice Lawyer

Medical malpractice happens when doctors and other health care providers fail to provide a reasonable standard of care to patients. This happens in several ways, including surgical errors, misdiagnosis, medication errors, failure to diagnose, anesthesia errors, and birth injury. If you have been injured due to the negligence or carelessness of a health care professional, you may recover compensation for your injuries.

In a perfect world, you will receive appropriate care from medical providers when you visit a hospital or other health facilities, and there won’t be any mistakes. However, that’s not always the case. Medical errors occur, sometimes because a health provider was careless.

Medical malpractice can cause severe injuries and complications that can radically alter the quality of your life and your ability to provide for yourself and your dependents. When that happens, you can get compensation from those responsible for your injuries.

The Fort Lauderdale personal injury lawyers at Meirowitz & Wasserberg, LLP, have helped victims of medical malpractice in Fort Lauderdale recover compensation for their pain and suffering. Contact us to see how you can be our next success story.

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Get Legal Representation You Can Trust in Your Fort Lauderdale Medical Malpractice Claim

Medical malpractice cases are complex cases that are difficult to prove, even for some personal injury lawyers. You need to understand medical and legal concepts to show that a health provider’s negligence caused your injuries.

An experienced medical malpractice lawyer can help you navigate the complexities around your case, negotiate adequate compensation with insurance companies, and argue your case successfully if it goes on trial.

The top-rated Fort Lauderdale medical malpractice lawyers at Meirowitz & Wasserberg, LLP, are ready to take up your case and fight to ensure you have a successful outcome. We combine our decades of experience and resources to recover the compensation you deserve.

The Statute of Limitation for Medical Malpractice Cases in Fort Lauderdale

If you’ve suffered from medical malpractice, you don’t have all the time in the world to file your medical malpractice claim. Florida Statutes section 95.11(4)(b) provides the statute of limitation for medical malpractice lawsuits in the state. You must bring your case within two years of discovering the injury or within four years from when the incident that caused the injury happened.

Time is of the essence in a medical malpractice lawsuit. You must file your case within the prescribed time, or you may lose your right to do so. Contact a medical malpractice lawyer immediately if you suspect a medical error. When you do so, they will have more time to investigate your case and determine if you have a case.

How does medical malpractice happen?

Health providers must adhere to standard practices and procedures while caring for patients. When they fail to comply with the standard of care expected from a health professional with their background, skill, and experience, they may be liable if a patient is harmed.

Medical malpractice cases hang on the principle of negligence. Every instance of medical error does not give you the right to file a medical malpractice case. This is because the law does not expect health providers to provide perfect care. It only expects them not to be negligent.

Common Medical Malpractice Cases We Handle

Medical malpractice can happen in different forms, including:

If you have suffered damages from medical malpractice, consult the Fort Lauderdale medical malpractice attorneys at Meirowitz & Wasserberg, LLP, to see what you can do next.

Damages You Can Recover in a Fort Lauderdale Medical Malpractice Lawsuit

Damages in medical malpractice lawsuits are to compensate victims of medical errors for the injuries and losses they have suffered.

You can recover two broad classes of damages: economic loss and non-economic loss.

Economic loss is to compensate victims for their financial loss, including:

  • Medical bills, including future medical bills and rehabilitation
  • Lost earnings
  • Lost future earnings or reduced capacity to earn
  • Cost of medical devices and equipment
  • Cost of long-term care

Non-economic damages cover other damages that are not readily quantifiable, including:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Disability or disfigurement
  • Emotional distress

You can also recover damages for wrongful death if you lost a loved one because of a medical error. Damages you can recover will consider:

  • The cost of their health care, including medical bills and palliative care
  • The pain and suffering they endured
  • Lost income
  • Funeral and memorial cost

At Meirowitz & Wasserberg, LLP, we know that monetary compensation cannot compensate for your suffering. But it can ensure you are not under financial strain. We are ready to help you fight for the compensation you deserve.

Process of a Medical Malpractice Case in Fort Lauderdale

Before you can file a medical malpractice claim in Fort Lauderdale, Florida law requires you to serve the defendant a special notice of your intention to do so. The special notice will include an affidavit of merit from a similarly qualified health professional as the defendant, attesting that you have a valid claim. 

The defendant has 90 days to respond to the claim. The defendant may reject the claim, make a settlement offer, or make an offer to arbitrate. Often, we can negotiate a favorable settlement with the defendant’s insurance company on your behalf, but we always prepare to file a medical malpractice lawsuit.

Parties in a medical malpractice claim in Florida may also agree to binding arbitration. Here, the defendant admits liability, and the parties submit the case to arbitration to determine how much damages the defendant will pay. Going this route can lead to a quicker settlement and reduced litigation costs. 

If you have suffered damages from any medical malpractice case, consult the Fort Lauderdale medical malpractice attorney at Meirowitz & Wasserberg, LLP, to see what you can do next.

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Comparative Negligence in Fort Lauderdale Medical Malpractice Claim

Florida is a pure comparative negligence state, so the claimant and defendant can share liability in a medical malpractice lawsuit. The claimant’s compensation in a medical malpractice case depends on the extent of their responsibility for the injury.

You can always recover compensation for your injuries, even if you are responsible for over 50 percent of your injuries.

Who can be liable for a medical malpractice claim in Fort Lauderdale?

You can hold the health care provider whose negligence caused your injuries or the hospital that employed them responsible. Usually, the defendants’ insurance companies will be the ones to defend the claim and pay your compensation.

Frequently Asked Questions

Can I recover compensation in my medical malpractice case in Fort Lauderdale if I'm partly responsible?

Yes. Florida is a pure comparative negligence case, which means you can recover even if you’re over 50 percent responsible for your injury.

Who can I sue for my medical malpractice injury?

You can sue the health care professional that caused the injury or the hospital employing them.

Who can I sue for my medical malpractice injury?

You can sue the health care professional that caused the injury or the hospital employing them.

What are the four things you must prove to win a medical malpractice lawsuit?

To succeed in a medical malpractice case, you need to prove that there was negligence. Proving negligence requires you to show four elements, namely:

  • There was a duty of care (a doctor-patient relationship).
  • There was a breach of duty or failure to provide a reasonable standard of care.
  • The breach of duty caused an injury.
  • You suffered damages because of the injury.
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