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Table of Contents
Under Florida law, a patient must prove that they suffered an illness, injury, or other complication due to subpar treatment in order to bring a successful medical malpractice claim. Medical providers must treat patients in accordance with a standard of care. This means that a doctor, nurse, or hospital should offer care that is at least as good as a reasonably prudent medical provider would have provided under similar circumstances.
When a provider does not meet the standard of care and you are injured as a result, you have the right to file a compensation claim. You need the right legal team on your side. A Freidin Brown, P.A, Fort Lauderdale medical malpractice lawyer can assist you when you want a small firm with big resources to handle your legal needs.
Why Choose Our Firm to Represent Your Claim
Florida law makes these cases difficult, with strict requirements that must be met to have a chance at success. That’s why choosing a law firm with extensive experience and a proven track record in handling medical malpractice cases is crucial. At Freidin Brown, P.A, we have the knowledge, skills, and resources to navigate the complex legal landscape of medical malpractice claims in Fort Lauderdale.
- With over $500 million recovered for clients, Freidin Brown, P.A is a trusted name in Fort Lauderdale medical malpractice litigation. We’ve spent over four decades representing patients harmed by negligent hospitals, doctors, and healthcare providers across Florida.
- Founding attorney Philip Freidin, with over 200 jury trials to his name, personally oversees every malpractice case. Our firm handles a limited caseload, so we can focus entirely on your outcome, not rush toward settlement like high-volume billboard firms.
- Each case benefits from two experienced attorneys and the support of senior paralegals who help manage the medical and legal complexities throughout litigation.
- We partner with leading medical experts nationwide and use state-of-the-art courtroom tech to build strong cases and prove causation.
- With two Board Certified civil trial lawyers on our team, we’re exceptionally prepared to negotiate with hospitals and insurance companies or take your case to court when justice demands it.
- As leaders in Florida medical malpractice advocacy, we partner with other law firms to oppose harmful legislation limiting justice for families like yours.
- We offer confidential, free case evaluations by phone, Zoom, or in person, wherever you are in Fort Lauderdale or the other Florida areas we serve.
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 possess a deep understanding of the medical issues involved in these cases and work closely with renowned medical experts.
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. Your medical malpractice attorney in Fort Lauderdale will be there to answer your questions and provide you with the support you need during this challenging time.
Damages Our Fort Lauderdale Medical Malpractice Attorneys Can Obtain on Your Behalf
If you’ve suffered due to medical negligence in Fort Lauderdale, you have the right to seek financial compensation for your injuries, including both tangible and intangible losses.
Unfortunately, medical malpractice insurance companies often aggressively defend these claims, aiming to minimize payouts to victims and their families. For this reason, you must have a skilled legal representative in Fort Lauderdale to ensure you receive the compensation you deserve.
Our Fort Lauderdale medical malpractice attorneys at Freidin Brown can help you obtain:
- Compensation for pain and emotional anguis caused by the negligence (pain and suffering).
- Reimbursement for additional medical costs, including treatment, surgeries, and ongoing care.
- Recovery for missed work and future income losses due to your injuries.
- Damages for psychological injuries, such as anxiety, depression, or trauma.
- Compensation for permanent disabilities or visible scarring.
- Damages for diminished enjoyment of life or loss of relationships with loved ones.
- For families who have lost a loved one, wrongful death compensation for funeral expenses, loss of support, and emotional grief.
Our Fort Lauderdale medical malpractice lawyers will fight tirelessly to hold responsible parties accountable. If you’ve been harmed by a preventable act of negligence, contact us today to learn more about your rights and how we can help you pursue the compensation you need to rebuild your life.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
How We Can Help You Manage Your Medical Malpractice Claim
If you have been harmed by a medical professional’s negligence, a Fort Lauderdale medical malpractice lawyer from our firm 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. Your medical malpractice attorney in Fort Lauderdale will be there to answer your questions and provide you with the support you need during this challenging time.
Types of Cases Our Medical Malpractice Lawyers Represent in Fort Lauderdale
What are the different types of medical malpractice claims you can file in Florida? Here are some of the medical malpractice claims we represent in Fort Lauderdale:
- 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, our medical malpractice attorneys in Fort Lauderdale can review your case and inform you of your legal options.
Additional Types of Negligence That May Support a Medical Malpractice Claim
A medical malpractice claim may also arise when a healthcare provider fails to obtain proper informed consent before performing a procedure or treatment. Patients have the legal right to understand the risks, benefits, and alternatives associated with their care, and proceeding without this informed agreement can constitute negligence.
Negligence can also occur in the form of inadequate post-operative care, such as failing to monitor a patient after surgery, missing signs of complications, or providing insufficient follow-up instructions. These lapses can lead to preventable harm or prolonged recovery.
Another basis for malpractice may include a provider’s failure to refer or consult with a specialist when a patient’s condition requires more advanced expertise. When a healthcare professional overlooks the need for specialized evaluation or treatment, the delay or omission can result in significant patient injury.
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. Our Fort Lauderdale medical malpractice lawyers work closely with medical experts to hold negligent healthcare providers accountable.
There Is a Time Limit to File a Medical Malpractice Claim in Fort Lauderdale
According to Florida Statutes § 95.11 (4)(c), there is generally a time limit to file a medical malpractice claim. 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 over 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.
Fort Lauderdale Medical Malpractice Lawyer FAQs
If you’ve been harmed by medical negligence in Fort Lauderdale, you likely have many questions about your rights and the legal process. Our experienced Fort Lauderdale medical malpractice lawyers at Freidin Brown have compiled answers to some of the most common questions to help you understand your options and take the first step toward justice.
What Is the Average Settlement for a Medical Malpractice Lawsuit in Fort Lauderdale, 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.
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 Do I Sue For Medical Malpractice in Fort Lauderdale, 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
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. Our medical malpractice lawyers in Fort Lauderdale settle many medical negligence cases 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.
