Davie Medical Malpractice Lawyer

Medical malpractice law can be a complicated and confusing area of the law to understand. If you are looking for information on medical malpractice law, you need a Davie medical malpractice lawyer. A Davie medical malpractice lawyer is a lawyer that specializes in medical malpractice cases.

All Davie medical malpractice lawyers can use the expertise and knowledge they have acquired to help individuals who have suffered as a result of medical negligence or malpractice.

Davie lawyers understand the nuances of medical malpractice law, which includes understanding the legal standards for medical care, when medical negligence occurred, and the injured patient's rights. These lawyers are skilled in researching and collecting evidence to build a strong case for their clients. They also understand the complexity of dealing with insurance companies, hospitals, doctors, and other involved parties.

At Frankl Kominsky Injury Lawyers, we work hard to ensure all our clients receive a fair and just settlement. We may also take the case to trial if a fair settlement cannot be reached. When it comes to recovering damages due to medical malpractice, it is important to work with an experienced lawyer who can fight for you and protect your interests.

What Is Medical Malpractice Law and How Does It Work?

Medical malpractice law is the body of law that governs medical professionals and their conduct. It is designed to protect patients from harm caused by medical negligence, which occurs when a healthcare professional fails to provide a standard of care that other professionals in their field expect. Medical malpractice can occur in many forms, such as misdiagnoses, delayed diagnoses, or surgical errors.

Generally, medical malpractice law requires doctors, nurses, and other medical personnel to adhere to a set of standards and guidelines established by the medical community. If a doctor or other medical professional fails to meet these standards and causes harm to a patient, they may be liable for any resulting damages. Damages may include pain and suffering, lost wages, medical bills, and emotional distress.

Most claims are highly complex and require expert knowledge of the legal system and medical evidence. If you have been injured due to the negligence of a healthcare provider, it is important to seek experienced legal counsel to ensure that your rights are protected. Medical malpractice law is traditionally under the authority of the individual states in the US, not the federal government.

To win monetary compensation for an injury related to medical negligence, a patient must prove that substandard medical care resulted in an injury. In the US, the allegation of medical negligence must be filed within a legally prescribed period, called the "statute of limitation."

Damages take into account both actual economic loss and non-economic losses, such as pain and suffering. Physicians practicing in the US generally carry medical malpractice insurance.

What Are the Different Types of Medical Malpractice?

Medical malpractice is a broad term that encompasses a wide range of medical errors and negligence. These can range from misdiagnosis, delayed diagnosis, negligent failure to treat, surgical malpractice, birth injuries, defective medical devices, among many more. Here are some of the most popular types of medical malpractice.

Failure to Diagnose a Serious Condition

If a doctor fails to diagnose a serious condition, such as cancer, they can be held responsible for any harm that resulted from their mistake.

Surgical Errors

Surgical malpractice occurs when a surgeon fails to follow the accepted standards of care and causes injury or death to a patient. This can include surgical errors, leaving instruments inside the patient, operating on the wrong body part, performing surgery without the patient's consent, or making other mistakes during surgery.

Incorrect Treatment of a Medical Condition

If a doctor misdiagnoses a patient's condition or prescribes the wrong treatment, they may be held liable for any harm that results from their mistake.

Defective Medical Devices

Defective medical devices can also cause serious injuries. This includes medical devices such as pacemakers, artificial joints, stents, and heart valves designed to help patients but may malfunction due to design flaws or manufacturing defects. In these cases, the manufacturer may be held liable for any injuries that result.

Birth Injuries

Birth injuries can occur during pregnancy, labor, delivery, or even after birth due to medical negligence. These include cerebral palsy, Erb's palsy, shoulder dystocia, skull fractures, brain damage, and other serious conditions.

Cancer Misdiagnosis

When a doctor fails to diagnose cancer in its early stages, it can lead to more severe complications and even death.

Medication Errors

When a doctor prescribes the wrong medication or an incorrect dosage, the patient may suffer from further health complications and could potentially have grounds for a medical malpractice lawsuit.

Negligence Leading to Bedsores

When nursing home staff fail to prevent bedsores or properly treat them, they may be liable for any harm caused.

Anesthesia Errors

If a medical professional administers too much anesthesia or fails to monitor a patient's vitals during surgery, they may be held responsible for any injuries or deaths that result.

Dental Mistakes

When dentists make mistakes during treatment, such as failing to remove decay or performing the wrong procedure, they can be held liable for any harm that results.

Failure to Prevent or Treat Infections

When hospitals fail to take necessary precautions to prevent infections or treat existing ones, they may be held liable for any injuries or deaths that result from their negligence.

How Do I Know if I Have a Case?

Medical malpractice cases can be complicated and difficult to prove. As such, it's important to determine if you have a valid case before proceeding with any legal action. To determine if you have a valid medical malpractice case, consider the following questions:

  • Did the doctor, nurse, or other medical provider fail to meet the standard of care generally accepted by the medical profession?
  • Did the failure to meet the standard of care lead to an injury or worsen your existing condition?
  • Would another doctor, in the same circumstances, have acted differently?
  • Were the doctor's actions a direct cause of your injury or condition?

If you can answer "yes" to these questions, you may have a valid medical malpractice case. However, it's important to note that medical malpractice cases are complex and involve a great deal of investigation. It is best to consult an experienced medical malpractice lawyer to review your case and advise on the best course of action.

A medical malpractice attorney will be able to assess the details of your case and provide you with more information about what legal options are available. They will also be able to evaluate the potential costs associated with pursuing a medical malpractice claim.

Additionally, they will help ensure that all deadlines associated with filing a claim are met. A good lawyer will also help build a strong argument for your case and guide you through every step. With their expertise, you will have greater confidence when making critical decisions regarding your claim. All in all, consulting an experienced attorney is essential for ensuring the success of your medical malpractice claim.

How Do I Prove That the Doctor Was Negligent?

Proving medical negligence is a complex process; the first step is to understand what medical negligence is. Medical negligence occurs when a healthcare provider, such as a doctor or nurse, fails to provide the standard of care that a reasonable and prudent professional would provide in similar circumstances. This means that the healthcare provider must meet the accepted standards of practice among other healthcare professionals and exercise due care to protect patients from harm.

When bringing a claim of medical malpractice, the plaintiff (the injured party) must demonstrate four elements to prove their case: duty, breach, causation, and damages.

The plaintiff must show that the defendant owed them a duty of care, which means that the defendant had a legal obligation to treat them with a certain level of care. If the defendant breached their duty of care, the plaintiff must demonstrate how this breach caused them harm. The plaintiff must also show that there were actual damages, such as physical injury or emotional distress.

To prove that the defendant was negligent, the plaintiff must provide evidence that shows the defendant failed to meet their duty of care. This may include medical records, expert testimony, and testimony from eyewitnesses. An experienced medical malpractice attorney can help you collect and analyze the evidence necessary to prove your case.

If you believe you have been injured as a result of medical malpractice, it is important to speak to an experienced Davie medical malpractice lawyer as soon as possible. They can help you understand your legal rights and determine whether or not you have a valid claim.

What Are the Damages I Can Recover in a Medical Malpractice Case?

In a medical malpractice case, you may be eligible to recover damages similar to those available in other personal injury cases. The amount and type of compensation will depend on the losses you have suffered due to the negligence of a healthcare provider. If you have suffered harm or injury due to the negligence of a doctor, nurse, or hospital, contact the attorneys at Frankl Kominsky Injury Lawyers to help identify the damages you may be able to recover.

Medical malpractice cases typically involve two different types of damages—economic and non-economic damages. Economic damages refer to specific financial losses like medical bills, lost wages, and future medical care.

Non-economic damages refer to losses that are more difficult to quantify, such as pain and suffering and emotional distress. In some states, punitive damages may also be available to punish wrongdoers if their conduct was particularly egregious or reckless. These damages include but are not limited to the following:

  • Medical expenses may include all reasonable and necessary expenses related to the medical malpractice incident. This includes ambulance rides, surgeries, hospital stays, medications, physical therapy, and more.
  • Lost wages and benefits refer to the amount of money the victim could not earn due to their injury or illness caused by medical malpractice. This could include salary, bonuses, commissions, vacation pay, and any other form of compensation that was lost as a result of the incident.
  • Pain and suffering damages are designed to compensate a victim for the physical and emotional distress caused by medical malpractice. This could include physical pain, mental anguish, depression, loss of consortium, and any other type of non-economic loss.
  • Punitive damages are designed to punish the negligent doctor or hospital. These damages are awarded in addition to compensatory damages and are not typically covered by insurance. They are only awarded when the court finds that the doctor acted recklessly or intentionally disregarded the patient's welfare.

It is important to understand that the law limits the compensation a plaintiff can receive in a medical malpractice case. Every state has enacted statutes that limit the total amount that can be recovered, regardless of the number of defendants involved in the case. This includes Florida; hence it is important to discuss all your available legal options with an experienced lawyer to maximize your compensation.

Why Should Frankl Kominsky Injury Lawyers Represent You?

If you or a loved one have been injured due to the negligence of a healthcare provider, then you need an experienced medical malpractice lawyer to help you seek justice. At Frankl Kominsky, we understand how difficult it can be to take legal action against a healthcare provider. We are here to help you navigate the complicated medical malpractice legal system to receive the compensation you deserve.

Our team of dedicated Davie medical malpractice lawyers will represent you with compassion and tenacity throughout your case. We have years of experience handling medical malpractice cases, so we know what it takes to win. We will use our knowledge and expertise to secure your best outcome. We will negotiate with the insurance companies on your behalf and help you seek to obtain the full damages you are entitled to.

We understand that no amount of money can make up for the pain and suffering caused by medical malpractice, but we believe that pursuing legal action can help provide some closure and security. If you or a loved one have been injured due to medical malpractice, contact us at (561) 800-8000 and let us fight for your rights.

We will fight hard to ensure that you are compensated for all of your losses, including medical bills, lost wages, and emotional damages. Our team will help you understand the legal process and guide you every step of the way. You can rest assured that we will do our utmost to help you get the best possible outcome for your case.

How Long Do I Have to Bring a Lawsuit?

In the state of Florida, individuals who have experienced medical malpractice have a limited window in which to bring their cases. This is known as the statute of limitations, varying from state to state. In Florida, an individual has two years from the date of the incident or discovery of the harm to file a lawsuit for medical malpractice. However, in some cases, such as when there has been fraud or concealment of evidence, the two-year window may be extended.

It is important to note that if you file a claim against a government entity, such as a hospital or nursing home, you must file your claim within three years of the incident. Additionally, if a minor is the victim of medical malpractice, they must file their claim within seven years of their 18th birthday or within two years of the incident.

It is imperative that you act quickly when you believe you have a case of medical malpractice. The sooner you contact a qualified medical malpractice lawyer, the better your chances are of having your case heard in court. If you miss the statute of limitations, you will likely not be able to pursue legal action for the medical malpractice incident.

What Is the Average Settlement for Medical Malpractice Lawsuit in Florida?

When a medical professional makes a mistake during the course of providing medical care, it can have serious, lifelong consequences. Patients may suffer physical pain and suffering, emotional distress, and financial losses from the resulting medical bills. In some cases, these errors can even lead to wrongful death.

In general, there are several factors that can influence the amount of the settlement. These include the severity of the injury, the cost of medical treatment, the future care needed, and other related losses such as lost wages. Additionally, any previous attempts to settle the case out of court will be considered.

In cases where liability is clear, settlements can range from tens of thousands of dollars to several million dollars, depending on the circumstances. Of course, it is also important to note that settlements are not guaranteed and may never come to fruition if both parties fail to reach an agreement.

It's important to understand that there is no "one size fits all" approach when it comes to medical malpractice cases. The outcome of each case is unique and will depend on its facts and circumstances.

Client Reviews
★★★★★
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
★★★★★
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
★★★★★
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
★★★★★
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
★★★★★
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon