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Fort Lauderdale Medical Malpractice Lawyer

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 305-371-3666 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:

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.

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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.

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.

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.

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How Do I Sue For Medical Malpractice in Florida?

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

Once you’ve determined that you have a case, you’ll need to file a complaint with the appropriate court. In Florida, you must also serve a notice of intent to sue on the healthcare provider before filing the lawsuit. This notice must include an affidavit from a medical expert stating that there are reasonable grounds to believe that malpractice occurred.

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 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.

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.

Contact Freidin Brown, P.A. Today

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 305-371-3666 or filling out the online form.

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