Fort Lauderdale Medical Malpractice Attorney

After a recent procedure or treatment, you may notice that your medical health has worsened. This can be a classic case of medical malpractice. However, there are other and less noticeable ways you may have experienced medical malpractice. For example, delayed diagnosis and poor follow-up are also forms of medical malpractice as well.  A medical malpractice lawyer will be able to review your particular personal injury to find out if your medical negligence occurred.

Medical professionals have a duty to provide high-quality healthcare. When they fall short of their duty, this creates medical malpractice cases. Don’t allow yourself to be an uncompensated medical malpractice victim. Contact a medical malpractice attorney in Fort Lauderdale to find out how much you are owed. Reach out to Tucker Law now for a free consultation to learn more about medical malpractice claims.

What Qualifies as Medical Malpractice?

Medical malpractice cases often involve a type of negligence that occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient. Generally, this means failing to act as a reasonably prudent medical professional would under similar circumstances. In order for something to qualify as medical malpractice, three conditions must be met:

• A healthcare provider-patient relationship must have existed.
• The healthcare provider must have been negligent in providing care to the patient.
• The negligence must have caused harm or injury to the patient.

Your attorney does that by showing how the healthcare provider owed you a duty and breached this duty through negligence. They will also prove how the other party’s actions directly caused your personal injury, resulting in damages and harm.

Some Examples of Medical Malpractice

Examples of medical malpractice may include:

Failure to Diagnose a Condition

This happens when a doctor fails to diagnose or misdiagnoses a medical condition even after the patient has reported symptoms.

Surgical Errors

This malady happens when a doctor fails to diagnose or misdiagnoses surgical errors that occur when a surgeon makes a mistake during an operation. This results in injury to the patient and can cause severe medical conditions, symptoms, and long-term injuries.

Medication Errors

Medication errors result from prescribing, administering, or monitoring the wrong medication or dosage.

Birth Injuries

Birth injuries occur during the birthing process and result in physical or developmental disabilities for the newborn.

No Informed Consent

Failure to obtain informed consent happens when a doctor fails to give a patient full disclosure of all relevant information before performing a procedure.

Who Can Be Held Liable for Damages in a Medical Malpractice Case?

In a medical malpractice case, one or more parties can be held liable for damages. Generally, the liable party is the healthcare provider who was negligent in providing care to the patient. Their insurance companies would have to compensate you. In some cases, however, it can be other entities such as:

Hospitals

They can be held liable for vicarious liability, which means that they can be held responsible for the negligence of their employees.

Nurses and Aids

These individuals may be held liable if they were negligent in providing care to a patient.

Pharmaceutical Companies

They may be held liable if there have been errors in manufacturing or labeling.

Medical Equipment Manufacturers

These companies can be held liable if they have caused an injury or illness due to their poor craftsmanship.

How to Recover Compensation for Medical Malpractice?

Recovering compensation for medical malpractice can be complicated and challenging, but it is possible with the help of a knowledgeable and experienced medical malpractice lawyer. Generally, you will need to prove that the healthcare provider was negligent in providing care to you and that their negligence caused you harm or injury. It is important to collect as much evidence as possible to prove these points, including medical records, witness testimony, and expert opinion. An experienced lawyer will be able to guide you through the process of filing a claim and recovering compensation for your damages.

Medical Malpractice Statistics

A majority of medical malpractice lawsuits that go to trial for medical negligence are lost to defendants. Out of all medical malpractice cases, 28.5% were due to improper treatment, 26% were caused by the failure to diagnose, 24% due to incorrect surgery, and 5.1% caused by adverse drug reactions. New York City has the highest incidence of medical malpractice, with Florida ranking third for most prevalent cases.

Medical Malpractice Personal Injury FAQs

After your terrible injury, you may be wondering what you can do next. Questions you may include the following:

How Do I Know I’m Not Liable?

If you were not negligent in providing care to a patient, then you are not liable for damages in a medical malpractice case. Speak with an experienced lawyer if you believe you may be facing a medical malpractice lawsuit in order to ensure that your rights and interests are protected.

What Kind of Damages Can I Claim?

If you are successful in your medical malpractice case, you may be able to recover compensation for various types of damages. This may include economic damages such as medical bills and lost wages, as well as non-economic damages such as pain and suffering or emotional distress.

What Is the Statute of Limitations

The statute of limitations is the legal deadline for filing a lawsuit. The exact length of time varies from state to state, and in Florida the statute of limitations is typically two years except in certain cases. For minors, the time can be extended along with other particular situations. It is important to speak with a knowledgeable medical malpractice lawyer if you believe that you have been the victim of medical malpractice.

What If My Doctor Denies They Did Medical Malpractice?

You should speak with a lawyer if you believe that you have grounds for a medical malpractice lawsuit in order to determine the types of damages that you may be able to claim. Your attorney will discover undeniable evidence that proves who is at fault.

What Are My Chances of Winning a Medical Malpractice Lawsuit?

The chances of winning a medical malpractice case vary depending on the facts and circumstances involved. Generally, your attorney will need to have evidence that proves that negligence occurred and that the negligence caused harm or injury to the patient. Your lawyer will be able to evaluate your case and provide an estimate of your chances of success before filing a lawsuit.

Can I File a Medical Malpractice Claim on My Own?

It is not recommended that you file a medical malpractice claim without the assistance of an experienced lawyer. Medical malpractice cases can be complex and challenging, and it is important to have legal guidance in order to ensure that your rights are protected. A lawyer can help you understand your rights and options, as well as guide you through the process of filing a lawsuit and recovering compensation for your damages.

Do I Need a Lawyer For Medical Malpractice?

Yes, it is crucial to speak with an experienced medical malpractice lawyer if you believe that you have been the victim of medical malpractice. An educated lawyer can help you understand your rights and options, as well as guide you through the process of filing a lawsuit and recovering compensation for your damages.

What Kind of Evidence Will My Attorney Use?

Your lawyer will need to provide evidence that proves negligence occurred and that the negligence caused harm or injury to the patient. This may include medical records, expert testimony, witness statements, and other types of evidence. Your medical malpractice lawyer can help you collect the necessary evidence in order to build a strong case.

Do I Have to Go to Court in a Medical Malpractice Case?

In many cases, it is possible to settle a medical malpractice case without having to go to court. However, if an agreement cannot be reached, then a trial may be necessary in order to resolve the dispute. An experienced lawyer will be able to advise you of your best course of action and represent you throughout the entire process.

What Do I Do if a Minor Was Injured Due to Medical Malpractice?

If a minor was injured due to medical malpractice, you can get help from a medical malpractice lawyer as soon as possible. Minors are not able to bring legal action on their own. You as the parent or legal guardian will need to file the claim and represent the child in court if necessary. An attorney can help you understand your rights and options, as well as guide you through the process of filing a lawsuit and recovering compensation for your child’s damages.

No matter what questions you might have about medical malpractice, a knowledgeable attorney can help provide answers and guidance throughout the entire legal process. If your doctor denies any negligence, you should still consult a medical malpractice lawyer. An attorney can help provide the evidence necessary for you to obtain the compensation to which you may be entitled. An attorney can help you evaluate your case and determine if legal action is necessary. With the right representation, you may be able to recover the compensation you need and deserve. They work on a contingency fee basis so you don’t have to pay upfront. Call Tucker Law now in Fort Lauderdale for a free consultation with a medical malpractice lawyer.

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