Fort Lauderdale Medical Malpractice Lawyers
FIGHTING FOR VICTIMS OF MEDICAL NEGLIGENCE & MISCONDUCT
When our health takes a turn for the worse, we expect our doctors to be able to solve the problem. Unfortunately, medicine is not always that simple, and you may find yourself dealing with worse symptoms than before. But what if those worsening symptoms are the fault of a medical professional being careless?
When you are hurt and suffering because a doctor left you injured or ill after medical procedures, you may have grounds for a lawsuit. At Amanda Demanda Injury Lawyers, our dedicated personal injury legal team in Fort Lauderdale understands how difficult it can be to prove your doctor hurt you, and we know it can be expensive to recover from the suffering you have experienced.
That is why our Fort Lauderdale medical malpractice lawyers are here. We can guide you through the process of recovery, helping you get the compensation you need for the suffering you experienced.
Understanding Medical Malpractice Laws in Fort Lauderdale
When you are facing a medical malpractice claim in Florida, you need to understand the laws that can have a major impact on your case. These laws can impact your ability to get fair compensation for your injuries if you are unaware of them. Worse, if you are not focused on following these laws, you may find yourself with a dismissed claim and no compensation to help you through your injuries.
If you are concerned about your claim’s success, be sure you understand the following laws. Your lawyer can help guide you through this process.
Medical Malpractice Damage Caps
Keep in mind that medical malpractice damages are not unlimited. To prevent hospitals from paying out high amounts, Florida caps the non-economic damages you can seek for a medical malpractice claim.
Florida medical malpractice victims have a cap of $500,000 for non-economic damages. Remember that your economic damages, or financial losses, are not capped, so you can seek the full amount you are due.
Statute of Limitations
When you are hurt by a doctor or healthcare provider of any kind, keep in mind that you only have two years to file a claim under Florida law. If you do not file a claim within those two years, your claim will be dismissed, leaving you without compensation for your injuries.
However, not all medical malpractice injuries are obvious when they happen. You may not have known about yours for years. Because of this, Florida also allows for victims to file two years from the date of discovery, with a hard limit of seven years from the date the negligence happened.
The Role of Fort Lauderdale Medical Malpractice Lawyers
The key role of your medical malpractice lawyer is to provide medical malpractice victim representation to injured parties like you. When you are overwhelmed and struggling to juggle your legal process and physical recovery, your medical malpractice lawyer can step in and handle the legal process for you, including representing you in court. Check out our client testimonials for specifics on what we can provide.
Your medical malpractice attorney knows the law inside and out, meaning you have a guide through every step of the process, from gathering evidence to acting within your claim’s time limits.
Common Types of Medical Malpractice Cases in Fort Lauderdale
Identifying how you were injured can help you determine when you were hurt, who is responsible, and what compensation you may be due for your claim. Because of this, one of the first things you need to know is the type of medical malpractice you have suffered. Malpractice can include any way that your doctor breached their standard of care and hurt you through that breach.
One of the most common types of medical malpractice is misdiagnosis. This happens when a doctor fails to correctly diagnose an issue because they failed to explore avenues they reasonably should have. For example, if a doctor performs numerous tests but fails to catch a serious condition, they may still have been acting with reasonable care. If your doctor refuses to do tests and sends you home, missing a serious issue, you may have grounds for malpractice.
Other common types of medical malpractice include medication errors, delayed diagnosis, birth injuries, and surgery errors- including leaving tools behind in the body cavity. If you believe your doctor has committed any of these, our team is ready for you to reach out for our help.
The Legal Process in Medical Malpractice
When you first identify medical malpractice, one of the first steps to getting compensated is contacting an attorney. You and your attorney can seek out a second opinion and determine whether you have a viable claim and how long ago the malpractice happened. This can help you create a timeline for your injuries and your future claim.
Once you are ready to act, your attorney can help you gather evidence and prepare the documents needed for action. During this step, your attorney may approach the hospital’s insurance company for mediation. If they refuse mediation or if your attorney fails to come to a satisfying settlement offer, your lawyer may then choose to seek out litigation in court for your injuries.
If your claim goes to court, your attorney is here to help. Your lawyer can act on your behalf in the courtroom, representing you before the judge and presenting all evidence related to your claim. Once the final decision is made, you should receive compensation if your medical malpractice case is successful. If it is not, you and your attorney may have grounds for an appeal.
Compensation in Medical Malpractice Claims in Fort Lauderdale FL
When you are hurt by medical malpractice, it can be difficult to recover without support. Financial recovery can be difficult, especially if you do not have the tools to calculate the costs of your suffering. Fortunately, our legal team can provide the tools you need to recover compensation.
Below are the main types of damages you may seek when you file a Fort Lauderdale medical malpractice claim:
- Economic damages – When you have suffered financial losses because of your injuries, you have the opportunity to get compensated for all the expenses, both current and future, that you are facing. These damages include medical bills, lost income, and transportation costs for medical treatment.
- Non-economic damages – Not all of your damages are tangible. Also called pain and suffering, you may have grounds for compensation for the intangible suffering you have experienced. That includes mental anguish, anxiety, and loss of enjoyment of life.
- Punitive damages – When the at-fault party has acted with gross negligence or wanton malice, you may have grounds for punitive damages. These damages are meant to punish the wrongdoer, rather than compensating a specific loss you suffered.
Fort Lauderdale Medical Malpractice FAQ
As a victim of medical malpractice, you may have many questions about your case that you do not have answers to. If you have not yet spoken to a lawyer, you may have case-specific questions before you file.
Fortunately, our team of attorneys is ready to answer any questions you may have about your claim. When you are ready to speak to an attorney, all you have to do is reach out to our team. If you are waiting for your appointment or are unsure if you are ready for an attorney, check out the frequently asked questions below to learn more about our tools and resources.
What if I cannot afford an attorney?
While hiring an attorney may sound like an expensive endeavor, it does not have to be. Personal injury attorneys typically work on a contingency fee basis, meaning you do not pay upfront for their Fort Lauderdale attorney services.
You instead agree on a percentage of your compensation, and if your case is a success, you provide that percentage to your attorney. If your claim is not a success, however, you do not owe your lawyer anything. That keeps you from paying out of pocket for your expenses.
What if a loved one died because of medical malpractice?
Losing a loved one to medical malpractice can be a painful experience. They may have been improperly medicated, or a mistake during surgery may have cost them their life. These cases are especially serious and may need guidance from a legal professional.
Fortunately, you may be eligible to file a wrongful death claim on behalf of the deceased. This claim can help you recover damages like medical bills related to the fatal treatment and the costs of their funeral and burial.
Who is liable for my medical malpractice claim?
Following the case of a medical error or medical negligence, such as unnecessary surgery or breast cancer misdiagnosis, for example, you will need to determine liability to get your compensation from the right party. Suing the wrong party can lead to issues of being properly compensated.
While a doctor or other medical professional may have caused your accident, liability may lie on the hospital or doctor group they work for. These organizations take responsibility for being aware of work history and prior incidents with all the medical professionals they hire. If one of them makes a mistake, it is the responsibility of the hiring party to compensate the injured.
Connect to a Medical Malpractice Attorney Serving Fort Lauderdale
When you are hurt and suffering because of your doctor’s actions, you may have grounds for a lawsuit. Victims of malpractice deserve compensation, but successful medical malpractice cases can be difficult without help. You are facing a hospital or doctor group with extensive resources, after all.
In these cases, it may be time to speak with a lawyer, like those at Amanda Demanda Injury Lawyers. A Fort Lauderdale medical malpractice lawyer has the tools to guide you through this difficult time, from your initial medical malpractice claim consultation to the final decision. We work hard to help our clients recover what they are due.
Seeking out a lawyer for your claim? Reach out for a free consultation by calling or filling out our online contact form to schedule your free consultation today.
Call us today at (305) 902-4214 or contact us online using our secure request form to schedule your no-cost, no-obligation consultation.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.