At Rosen Injury Law, P.A., our medical malpractice lawyers have the professional skills, legal knowledge, and trial experience that you can trust for results. If you or someone close to you suffered physical harm due to medical negligence, we are here to help you get justice and financial compensation. To arrange a no cost, fully private consultation with a top-rated Fort Lauderdale medical malpractice lawyer, please call us today.
Why Choose Rosen Injury Law For Your Fort Lauderdale Medical Malpractice Case?
- Rosen Injury Law is committed to providing excellent legal services. We listen to our clients, ensure their questions are answered, and that they are informed every step of the way.
- We are dedicated to fighting for the rights of medical malpractice injury victims and recovering maximum compensation to help them recover physically and financially after suffering from a medical malpractice injury.
- We pay all costs of pursuing your Fort Lauderdale medical malpractice claim and you pay nothing until we recover compensation for you.
- Our Fort Lauderdale injury lawyers have recovered numerous multi-million dollar awards and settlements for our medical malpractice clients, including a recent $25 million verdict for hospital negligence.
What is Medical Malpractice?
Medical malpractice occurs when a patient suffers harm as a consequence of medical negligence. A doctor, a nurse, a hospital, and other healthcare providers can be held legally liable for medical malpractice. To be clear, proving a bad outcome is not sufficient to prove malpractice in Florida. A plaintiff must establish that they suffered harm because they received substandard care from a physician or medical provider. Some of the most common examples of medical malpractice include:
- Failure to diagnose;
- Delayed diagnosis;
- Failure to treat;
- Surgical errors;
- Anesthesiologist errors; and
- Medication mistakes.
All medical malpractice claims require an in-depth investigation. As this is a technical and highly specialized area of law, expert witness testimony is often used in malpractice cases. Our Fort Lauderdale attorneys are ready to get started on your case right away.
Who Can File a Fort Lauderdale Medical Malpractice Claim?
If you were injured as a patient by a medical provider due to their failure to adhere to the required standard of care, you may have the right to bring a medical malpractice claim.
If you are the parent of a minor child injured due to medical negligence, you may have the right to file a medical malpractice claim.
If a patient dies from medical malpractice, their survivors or estate may have the right to bring a medical malpractice wrongful death action.
Who Can Be Held Liable in a Fort Lauderdale Medical Malpractice Claim?
Medical malpractice claims may be brought against various medical facilities and healthcare providers, including:
- Doctors, including surgeons, specialists, and general practitioners
- Nurses
- Hospitals
- Nursing Homes
- Rehabilitation centers
- Birthing centers
- Clinics and urgent care centers
- Pharmacists
- Radiologists
- Dentists
- Dental assistants
- Medical device manufacturers
- Independent contractors
How Do You Prove Medical Malpractice?
To have a valid medical malpractice claim, you must be able to prove the following four elements:
- A duty of care existed – the patient must be owed a duty of care by the medical provider due to the existence of a professional relationship between the parties.
- The provider breached their duty of care – the provider failed to meet the acceptable standard of care in their dealings with the patient.
- Causation – the medical provider’s breach of duty directly caused harm or injury to the patient.
- Damages – the medical provider’s breach of duty resulted in quantifiable harm to the patient.
Each of these elements can each be hotly contested in a medical malpractice claim. At Rosen Injury Law, our Fort Lauderdale medical malpractice lawyers have the experience, skills, and resources to thoroughly investigate your case, determine causation and liability, and uncover the evidence needed to prove your claim and recover maximum compensation for you.
Florida law mandates that a medical malpractice claim be supported by expert medical testimony that the standard of care was breached in most cases. Our firm works with prominent medical experts to help establish and prove medical malpractice claims.
Evidence Used in a Medical Malpractice Claim
The evidence used in a medical malpractice claim will depend on the unique facts of the case. However, some typical pieces of evidence used to prove a Fort Lauderdale medical malpractice claim include medical files, expert testimony, a patient’s medical, pain or recovery journal, and insurance bills and payments.
How Long Do I Have to File a Fort Lauderdale Medical Malpractice Claim?
A statute of limitations in a personal injury case is the law that provides how much time you have to file a claim to recover compensation for your damages. If you miss your filing deadline, you cannot recover compensation.
Florida Statutes 95.11(4)(b) provides a two-year filing deadline for medical malpractice cases. You must file your claim within two years of the date of injury, or if the injury was not immediately discovered, you may have four years from the date of injury to file.
There are some exceptions to the two and four-year filing deadlines. For example, if fraud or concealment is involved, you may have up to seven years from the date of injury. Cases involving minors may also have different filing deadlines.
You must promptly consult an experienced Fort Lauderdale medical malpractice attorney to understand your filing deadline. You also want to act quickly so your attorney can identify and preserve important evidence to support your claim before it is lost, destroyed, or diminished.
Can I File a Medical Malpractice Claim On My Own?
Theoretically, a person can file a medical malpractice claim on their own. However, it is not advisable. Medical malpractice is a complex area of law. There are usually numerous parties and attorneys involved and this area of law has its own requirements that differ significantly from most other personal injury cases.
An experienced Fort Lauderdale medical malpractice attorney will have the skills, resources, and intimate understanding to help you recover maximum compensation for your claim.
Your attorney can carefully investigate your claim to determine whether you have a valid cause of action for medical malpractice. Florida Statutes §766.104(2) permits you to file a petition for an automatic 90-day extension of the statute of limitations for a chance to conduct a pre-suit investigation of the facts of your case. Your attorney can conduct discovery to identify and collect essential evidence to support your case and work to negotiate a fair settlement of your claim as quickly as possible.
When a fair settlement is not reached, your attorney will represent you at trial to prove your case and help you recover the compensation you deserve.
How Much Does a Fort Lauderdale Medical Malpractice Lawyer Charge?
At Rosen Injury Law, we handle medical malpractice claims on a contingency fee basis. Under this agreement, we will pay all costs of pursuing your medical claims upfront and you pay us nothing until we recover compensation for you. If we don’t recover compensation for you, then you owe us nothing.
This type of fee agreement allows personal injury victims to pursue compensation for their damages without risking their own funds upfront. It levels the playing field and gives you the resources to effectively litigate your claim against powerful health care providers and their defense attorneys.
Since we don’t get paid unless we are successful in recovering your compensation, our interests are very much aligned with yours. We fight with tenacity to recover maximum client compensation.
Why You Need A Fort Lauderdale Medical Malpractice Attorney
Victims of medical malpractice need monetary compensation to pay their bills and support their families. Sadly, the big insurance carriers that handle medical malpractice cases fight hard to pay out the lowest settlement amounts possible. Our Fort Lauderdale, FL medical malpractice lawyers know how to get clients the full settlement or verdict they deserve. You and your family may be entitled to financial compensation for:
- Emergency medical treatment;
- Other hospital and medical bills;
- Physical therapy;
- Lost income;
- Diminished earning potential;
- Pain and suffering;
- Permanent scarring;
- Long-term disability; and
- Wrongful death.
In the event of a death as the result of medical malpractice, do not hesitate to contact our wrongful death attorneys in Fort Lauderdale to help with your case.
How Our Fort Lauderdale Medical Malpractice Lawyers Can Help
Medical malpractice law is complicated. You need a knowledgeable attorney on your team. At Rosen Injury Law, P.A., we are here to walk you through the legal process. When you get in touch with our office, you will have a chance to speak to a medical malpractice attorney who can:
- Listen to your story and answer questions during a free consultation;
- Investigate the case, gathering documents, records, and evidence;
- Connect you with the right medical professionals and expert witnesses;
- Represent you before the insurance carrier; and
- Take your medical malpractice claim as far as needed to maximize your compensation.
You deserve fully personalized representation from your Fort Lauderdale medical malpractice attorney. Board Certified In Civil Trial, our founding attorney, Eric Rosen, has a long record of delivering successful results for injured victims and their families.
Contact Our Fort Lauderdale Medical Malpractice Attorney Today
At Rosen Injury Law, P.A., our Florida medical malpractice lawyers provide skilled, results-focused representations to patients and their families. If you or someone you know was the victim of medical malpractice, we can help. Contact us today for your free initial consultation. Our law firm handles medical malpractice claims in Broward County and throughout South Florida.