Fort Lauderdale Medical Malpractice Lawyers

Medical negligence is the third leading cause of death in the U.S. according to a study by Johns Hopkins. What is rarely addressed is that most claims never get reported or even investigated. It is common to have questions about whether to sue a physician, nurse, hospital or other health care provider following an adverse outcome, largely because patients do not expect to be harmed while seeking health care. Unfortunately, injuries and even death occur at the hands of the most experienced practitioners or in the most reputable facilities.

Under the law in the state of Florida, wrongful death is looked at differently in cases of medical malpractice versus a wrongful death caused by other types of personal injury resulting in catastrophic injuries. Florida law restricts who may bring a claim for the death of a family member and gives you a limited time to file, referred to as a statute of limitations. The attorneys and staff at LCTR have extensive experience investigating and pursuing such claims. Our attorneys have prosecuted and tried thousands of medical negligence lawsuits resulting in successful outcomes for our clients. We exercise tremendous sensitivity as we handle your case while you deal with the emotional and often financial distress of losing a loved one.

Medical Malpractice via Hospitals

Surgical Errors

Surgical errors can be some of the most harmful types of malpractice a patient can suffer. Surgical errors can include the following: 

• Operating on the wrong body part;
• Performing the wrong procedure;
• The surgeon made avoidable mistakes; 
• The surgeon caused damage to surrounding tissues or organs;
• The surgeon failed to recognize or manage a surgical complication;
• The surgeon caused harm as a result of a lack of experience and/or training.

If you have been injured as a result of a surgical error, we strongly urge you to contact one of our Fort Lauderdale medical malpractice lawyers as soon as possible. 

Hospital-Acquired Infections

Hospitals are obligated to ensure that their facilities are clean, instruments are sterile, and medical staff are following the correct procedures to minimize the risk of infection. Unfortunately, hospital-acquired infections are more common than people realize. These infections can result in readmittance and subsequent health problems. 

Hospital-acquired infections are often the result of negligence. This could include poor post-procedure care, failure to change dressings, failure to use sterile instruments or equipment, or even failure to use clean bedding and empty the trash.  

Failure to Obtain Informed Consent

Prior to providing treatment, medical professionals are required to first obtain the patient’s informed consent. In other words, they must provide their patient with sufficient information that would enable the patient to make an informed decision. The information that must be provided will vary according to the type of the procedure being performed, but should generally include the potential risks and side effects associated with the treatment, the likelihood of success, and what alternative treatments might be available. 

Obtaining the patient’s informed consent is a critical step in providing treatment. If the doctor fails to obtain their informed consent, they could be sued for medical malpractice if the patient later suffers harm. 

Emergency Room Errors

Emergency medical care typically requires immediate decisions about what steps need to be taken to save the patient’s life or protect them from suffering further harm. That said, medical providers who provide emergency care must still meet the applicable standard of care and can be held liable for any avoidable mistakes they may have made. If you were harmed as a result of treatment you received in the emergency room, do not assume that you do not have a case. Instead, contact one of our Fort Lauderdale medical malpractice lawyers. 

Medical Malpractice via Wrong Meds

Medication Errors

Medication errors can cause severe harm and even result in death. Common errors include prescription errors or providing the wrong medication or wrong dosage. Another common medication error is when doctors prescribe a medication that results in harm to the patient when combined with medications they are already taking. 

Anesthesia Errors

Many people do not recognize risks associated with receiving anesthesia. Mistakes can result in severe harm to the patient including blood clots, cardiovascular collapse, heart arrhythmia, heart attack, strokes, brain damage, seizures and paralysis. If you have been harmed as a result of receiving anesthesia, you may be able to hold the anesthesiologist or certified registered nurse anesthetist (CNRA) for your injuries and should contact our Fort Lauderdale medical malpractice lawyers as soon as possible. 

Medical Malpractice by Type of Patient

Baby/Birth Injuries 

A birth injury is an injury that is caused to the baby during the birthing process. Common birth injuries include the following: 

• Caput succedaneum
• Cephalohematoma
• Cerebral palsy
• Erb’s palsy
• Birth asphyxia 
• Spinal injuries

These injuries are often the result of medical malpractice, which can include failure to adequately monitor the baby’s vital signs, allowing labor to go for too long, failure to perform a timely C-section, or improper use of forceps or other birthing devices. 

Nursing Home Residents 

It is an unfortunate reality that people who live in nursing homes often receive inadequate medical care. Nursing homes are subject to the same legal obligations as any other medical facility and can be held accountable when they fail to provide adequate care. If your loved one has been harmed as a result of receiving inadequate care, you should contact our Fort Lauderdale medical malpractice lawyers to discuss whether you have a claim. 

Florida Medical Malpractice Stats

According to statistics from 2022, Florida had the second highest medical malpractice total payouts. Here are the top five states: 

1. New York: $551 million
2. Florida: $382 million
3. Pennsylvania: $295 million
4. Illinois: $222 million
5. New Jersey: $215 million

The same studies included some additional statistics that are deeply troubling: 

• Medical providers make avoidable errors in 3% to 15% of all medical interventions.
• Misdiagnosis is one of the most common types of malpractice, with cancer, infections, and vascular events being the most likely conditions to be misdiagnosed.
• Prescription medication errors are also common causes of malpractice, with insulin and morphine being the most likely medications to involve malpractice. 
• Surgeons are the most likely medical providers to be sued for malpractice. 
• Over 96% of all medical malpractice claims are settled out of court.

Our Fort Lauderdale Medical Malpractice Lawyers Answer Your Questions

Does Florida have a cap on medical malpractice?

While there are some circumstances where Florida law imposes a cap on noneconomic damages for medical malpractice that could  limit the amount one could recover for pain and suffering type damages – it is not in all cases.  Although many caps on noneconomic damages have been held unconstitutional, there are still some that remain depending on certain circumstances.  As a result, we recommend anyone who may have suffered as a result of medical malpractice to contact our Fort Lauderdale medical malpractice lawyers as soon as possible in order to protect your rights to fair compensation for your pain and suffering.  

What are the odds of winning a medical malpractice suit?

No two medical malpractice issues are the same. The likelihood of winning will depend entirely upon the facts, circumstances, and legal issues involved in your case. However, our Fort Lauderdale medical malpractice lawyers can provide you with an assessment of your case and the potential outcomes as part of our free consultation. 

How long after malpractice can you sue in Florida?

Referred to as the statute of limitations, the general rule under the law of Florida is that you have two years to file a lawsuit for medical malpractice from the date the malpractice was discovered or could have reasonably been discovered. There are exceptions, however, for cases involving minors, where the harm caused by the physician was not discovered, or where the case involved fraudulent concealment. 

What is the discovery rule for medical malpractice in Florida?

The discovery rule is that the statute of limitations begins to run from the date the malpractice was discovered by the victim, rather than the date when the malpractice occurred. It is important, however, that you understand that the statute can start to run from before you actually discover the malpractice, if it can be proven that the malpractice could have reasonably been discovered sooner. However, you may have up to four years from the date of discovery if the malpractice could not have been reasonably discovered within the standard two-year period.  

Speak with  our Fort Lauderdale Medical Malpractice Lawyers Today

Contact LCTR for a free consultation to review every aspect of your case and determine how to proceed. We are sure you have questions regarding your circumstances and our team will help you better understand your rights under the law as it relates to your particular claim.