Medical Malpractice Lawyers Serving Dania Beach

When seeking medical care, you want to be sure that the attention and treatment you receive are of the highest quality. Medical malpractice occurs when a doctor or another medical practitioner fails to provide due care, resulting in injury or illness.

The effects of medical malpractice can be devastating and life-altering for patients who have suffered physical harm, emotional distress, financial loss, and more.

When a patient has been injured through medical negligence, the financial effects can be severe and long-lasting, especially if the injury requires extensive additional care. In addition to healthcare costs associated with an injury, patients may also suffer lost wages due to their inability to work while they recover.

So no matter how good your relationship is with your healthcare provider—whether a single doctor or an entire practice—we all have an interest in protecting ourselves from medical malpractice claims because it's a safeguard against substandard care in Florida hospitals and promotes better patient safety statewide.

How Does a Medical Malpractice Claim Work?

Filing a medical malpractice claim in Florida can be complicated and intimidating. But, with the right advice, it doesn't have to be daunting. Here's a quick overview of how a medical malpractice claim works:

  • Choose an experienced attorney or firm that has been successful in medical malpractice cases.
  • Investigate the case and build evidence to strengthen your claims.
  • Submit the claim in writing to the healthcare provider and the at-fault party responsible for the injury.
  • Serve a summons and complaint on the at-fault party.
  • Exchange information about your case through mediation, arbitration, and court proceedings.
  • Negotiate with the other side through settlement negotiations or prepare for trial.
  • If you win at trial or settle out of court, you receive compensation for your losses.

The timeline of a medical malpractice case can vary greatly, so it's important to talk to an attorney with experience representing clients in this kind of situation before taking action on your own.

What Evidence Do I Need to Document?

One of the most important steps in filing a medical malpractice claim in Florida is being able to document exactly what happened and why it was considered malpractice. In general, you'll need to gather evidence such as:

  • Medical records – including all doctor visits, hospitalizations, procedures, lab results, radiology reports, and any other information related to your treatment. You need to get this information from your records (as opposed to requesting it from the doctor) to clearly document that the medical data hasn't been altered in any way.
  • Testimony from Expert Witnesses – expert witnesses can provide testimony about what should have happened if standard medical protocols had been followed. An expert witness may be another doctor with knowledge of the particular field where the malpractice occurred or a medical professional who has reviewed the records and can explain why.
  • Copies of relevant laws – when filing a claim in Florida, it is useful (and sometimes even necessary) to include official copies of relevant laws that regulate medical practice to ensure that your case meets all the legal requirements for filing a claim.
  • Copies of relevant insurance policies – if insurance was involved in paying for any treatments or procedures related to the malpractice incident, make sure you have copies of all relevant policies to document exactly how much coverage you were entitled to receive.
Do I Need to Retain an Attorney?

You may want to strongly consider retaining a medical malpractice attorney when filing a medical malpractice claim. Sure, you could complete the paperwork and file it all on your own, but remember that malpractice claims' laws and administrative procedures can be overwhelming.

In addition to complex legal considerations, hiring an experienced malpractice attorney is beneficial because they can:

  • Help you determine who was responsible for the injury.
  • Provide access to resources and experts needed for your case.
  • Represent you in court or before a jury if necessary.
  • Negotiate with insurance companies on your behalf.
  • Assist you in obtaining the financial compensation you deserve.

An experienced malpractice attorney will be able to assess your case and help you determine whether it is valid. They understand the complexities of malpractice law and the nuances of filing claims in different states.

Plus, they know how to ensure your complaint is timely and correctly filed according to state law requirements so that the court considers it. With their help, you can obtain justice and ensure that those responsible are held accountable for any damages inflicted upon you or someone close to you due to medical negligence.

What Are Some of The Common Allegations in Malpractice Cases Involving Surgery?

When it comes to medical malpractice, surgery cases are often some of the most complex. Common allegations in these cases include:

  • Operating on the wrong body part or the wrong side of the body.
  • Leaving foreign objects in the body during a procedure.
  • Causing permanent damage due to a surgical error.
  • Failing to diagnose an illness before surgery.
  • Performing surgery without obtaining informed consent.
  • Causing nerve damage due to improper techniques.
  • Performing an unnecessary surgery or procedure.
  • Failing to take adequate measures for postoperative care.

It's important to note that any misdiagnosis, mistakes, or other negligence before and after surgery can potentially form part of a malpractice claim. If you believe you are the victim of medical malpractice involving surgery, contact an experienced attorney as soon as possible.

What Should I Do If I Think I May Have a Medical Malpractice Claim?

If you think you may have a medical malpractice claim in Florida, it's important to take immediate action. Here are some tips on what to do:

  • Contact an experienced medical malpractice attorney. Your lawyer will be able to evaluate the facts of your case and can tell you if it meets the criteria for a medical malpractice suit.
  • Speak with your doctor first and try to agree outside court if possible.
  • Review your medical records and discuss them with your doctor. If there are errors or omissions, you can take these up with your doctor or a lawyer before taking further legal action.
  • Gather any witnesses who may have observed negligence or other issues during treatment, as well as any other supporting evidence that can help bolster your case, such as photographs or videos related to the incident in question
  • File a complaint with the state board that licenses physicians and other health professionals, such as the Florida Department of Health's Division of Medical Quality Assurance (MQA). Depending on the outcome of this investigation, it could lead to disciplinary action against the healthcare provider involved in the alleged negligence claim.

By taking proactive steps and consulting with an experienced lawyer knowledgeable about medical malpractice law in Florida, you can be sure that all aspects of your case will be handled properly so that you receive justice for any injury incurred due to negligence or inadequate care.

How Long Will the Investigation Take Before My Claim is Declared Valid?

You may find that the investigation into your medical malpractice claim in Florida can take some time. The complexity of the case and the number of people involved will affect how long it will take for your claim to be declared valid.

On average, a medical malpractice investigation can take between 6 to 12 months or even longer for a more complex case.

Timeline for Claims

The timeline for any given case of medical malpractice is unpredictable. However, here is an overview of what you can expect:

  • Information Gathering — A medical expert will review all information presented in the claim and decide if it meets the standards of medical negligence.
  • Negotiation – If negligence is found, the lawyer handling your case will negotiate with the defendant's insurance company to attempt to reach a settlement agreement.
  • Litigation – If negotiations do not result in a favorable settlement agreement, your lawyer will file a lawsuit seeking financial compensation through a trial process.
  • Appeal – If either side disagrees with the court's ruling and wants to challenge it, they may file an appeal with a higher court which could take longer than initial investigations and negotiations.
  • It is important to note that if, at any point during the investigation process, either party settles out of court or withdraws their claim, then this could speed up the time it takes for your claim to be declared valid since no further action needs to be taken by either party in regards to your issue.
What Should I Do If My Doctor Was Accused of Negligence, but They Are Still Practicing?

If your doctor was accused of negligence and they are still practicing, you have options. First, it's important to address the issue directly with your doctor. Talk to them and try to come up with a resolution that works for both parties.

It's possible that the doctor made a mistake, and if they apologize for it and change their practice, that could be enough for you.

If talking to your doctor doesn't get you anywhere, however, then you should consider filing a medical malpractice claim. To do so in Dania Beach, Florida, there are some steps you'll need to take:

  • Send the doctor an official letter - You'll need to contact your medical provider by sending an official letter of intent. The letter must be sent within two years of when you first discovered the issue or when your injury happened (whichever is later).
  • Hire an attorney - Once you have sent your letter, you'll need to contact a reputable lawyer with medical malpractice experience in Florida.
  • Submit all necessary paperwork - Your lawyer will help determine all the necessary paperwork to file your claim. You will also need to provide evidence of negligence and proof of damages, such as medical bills or lost wages due to the injury suffered as a result of the malpractice incident.
  • Gather witnesses - Your attorney can help investigate witnesses who can prove you were injured due to negligence by your doctor or healthcare organization.
  • File claim - When everything is in place, your lawyer will file a claim with the court and begin negotiations with the insurance company or another party involved to reach an agreeable settlement outside of court.
Are There Exceptions to The Statute of Limitations?

You may have heard about the statute of limitations when filing medical malpractice claims in Florida. It's important to recognize that there are exceptions to this law, and it would be wise to consider them carefully before filing your claim.

Generally speaking, the statute of limitations is two years from the date you discover your injury or from the date your injury should have been discovered through reasonable care--whichever comes first. However, there are some exceptions to this rule:

If a minor is injured as a result of medical malpractice, then they can generally file an action up until two years after they reach 18 years of age.

Discovery Rule
There are also cases where the "discovery rule" applies, meaning that you can start counting two years from the date you discover (or should have reasonably discovered) your injury. This may apply if your injury didn't cause symptoms immediately and, thus, wasn't discovered immediately.

The court will review whether a reasonable person in the same circumstances would have quickly made the connection between their injury and what could have caused it.

Mental Incapacity
Finally, if you become mentally incapacitated due to medical negligence before filing an action within two years of discovering your injury, you have up to four months after regaining the capacity to file a claim against those responsible for your harm.

How long After My Claim is Success Will I Wait for My Payout?

You're probably wondering how long you'll have to wait for your payout after a successful medical malpractice claim in Florida. The answer depends on a few key factors, including the complexity of your case, the amount of payment you're expecting, and the availability of your medical records.

The timeframe for receiving your payment can range from a few weeks to several months. Generally, most cases take between three and nine months from filing to receiving your payout, but it's important to note that every case is unique and can take much longer in certain circumstances.

It's always worth consulting with an experienced attorney if you have questions about the timeline of your medical malpractice claim in Florida. They will be able to provide you with more accurate timelines and any possible delays that could arise during the process.

Will My Doctor Face Jail Time for Malpractice?

It's unlikely that malpractice will result in jail time for your doctor. In most cases, malpractice results in financial compensation to the injured patient, not criminal penalties or jail sentences for the doctor who made the mistake.

However, in some extreme cases, medical malpractice can reach the level of criminal negligence and may be prosecuted accordingly. This is rare and generally only occurs when the responsible doctor knowingly committed an act that caused significant injury or even death.

If you have any concerns about the potential criminal prosecution of your doctor due to medical malpractice, you should discuss this with an attorney experienced in medical malpractice law. They can provide more guidance on the specifics of your situation and answer any questions you may have.

Is Restitution Cash Only?

The short answer is: maybe. It's possible that the court will award you restitution in the form of cash, but that's not the only option. Other forms of restitution could include:

  • Property or services that must be returned to you.
  • Payment for out-of-pocket medical or other expenses.
  • Money for pain and suffering.
  • Contracted work or services owed to you.
  • Lost wages due to time off from work related to medical malpractice.

Plus, the court may decide that taking punitive action is necessary, which would mean an even bigger financial reward. It all depends on your case and the judge's ruling.

The best way to ensure you get the restitution you deserve is by ensuring all of your legal paperwork is in order: provide detailed records of all expenses, doctor visits, etc., so that there's clear proof of what happened.

Contact Frankl Kominsky Injury Lawyers For Your Medical Malpractice Representation

If you are a medical malpractice victim looking to file a medical malpractice claim in Florida, please reach out to Frankl Kominsky Injury Lawyers, medical malpractice lawyers serving Dania Beach. We are here to help you understand your legal rights and guide you throughout the process.

We have helped numerous medical malpractice victims in Florida and can provide you with the expert legal advice you need to get the justice you deserve. Our services include:

  • Investigating your case to determine if there is cause to proceed with a medical malpractice claim
  • Meeting with witnesses who can support your claim and helping you collect any necessary evidence
  • Representing you in court proceedings or settlement negotiations
  • Working hard to obtain compensation for current and future medical expenses, lost wages, pain and suffering, and other costs associated with your medical malpractice case.

At Frankl Kominsky Injury Lawyers, medical malpractice lawyers serving Dania Beach, we will fight for your rights every step of the way. Get in touch today at (561) 800-8000 to learn how we can help you file a successful medical malpractice claim in Florida.

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