Florida medical professionals owe patients a medical duty of care. Failures to meet this standard make them liable for patient injuries caused by their actions. If your doctor injured you or a loved one, our skilled Davie medical malpractice lawyer will help you achieve justice for your medical bills, lost wages, and emotional distress.
Rosen Injury Law, P.A., provides dedicated legal representation so clients get the outcomes they deserve. Call 954-787-1500 to schedule a free consultation with our medical malpractice attorney. This initial meeting allows you to discuss your case and understand your legal options under the guidance of our experienced team.
Why Choose Us
- Eric Rosen has obtained over $125 million in jury verdicts for seriously injured clients.
- You will have direct access to your attorney throughout your case, receive regular updates, and never be left wondering where things stand.
- Medical malpractice cases require expert witnesses, extensive records review, and significant litigation resources. We cover those costs on your behalf upfront, and you owe us nothing unless we win.
- Personal injury is all we do, which means our resources, relationships, and expertise are entirely focused on getting the best possible outcome for clients like you.
What Is Medical Malpractice?
Medical malpractice occurs when a licensed healthcare provider, such as a doctor, surgeon, anesthesiologist, nurse, hospital, or other medical professional, fails to meet the standard of care that a reasonably competent provider in the same specialty would have delivered under similar circumstances, and that failure causes patient harm.
The phrase “standard of care” is a legal and medical term. It does not mean perfect care. Medicine involves uncertainty, and not every bad outcome is someone’s fault.
What the standard of care means is the level of skill, care, and treatment that a reasonably competent practitioner with similar training and experience would have provided in the same or similar situation. When a provider’s conduct falls below that standard in a way that causes injury, that is medical malpractice.
Some of the most common types of medical malpractice include:
- Failure to diagnose or delayed diagnosis. When a physician fails to identify a condition that a competent doctor examining the same patient would have caught, or identifies it so late that treatment options have narrowed significantly, the patient may suffer harm that proper and timely diagnosis would have prevented. Cancer misdiagnosis, failure to recognize signs of stroke or heart attack, and overlooked fractures on imaging studies are all common examples.
- Surgical errors. Operating on the wrong body part, perforating organs or surrounding tissue during a procedure, leaving surgical instruments inside a patient, or failing to monitor a patient during recovery adequately can all constitute surgical malpractice.
- Pharmaceutical errors. Prescribing the wrong medication, the wrong dose, or a drug that interacts dangerously with something else the patient is taking, and failing to review the patient’s medication history before prescribing, represents a significant category of preventable harm.
- Anesthesia errors. Anesthesia requires precise, individualized dosing based on a patient’s weight, health history, and the nature of the procedure. Too much anesthesia can cause brain damage or death. Too little can result in awareness during surgery, which is a traumatic experience with lasting psychological consequences. Failure to monitor a patient’s vital signs adequately during a procedure is another form of anesthesia-related negligence.
- Birth injuries. Complications during labor and delivery that a competent medical team would have anticipated and managed, failure to order a timely cesarean section, improper use of delivery instruments, and failure to monitor fetal distress can cause permanent, life-altering harm to newborns.
- Hospital-acquired infections and inadequate monitoring. Medical facilities have protocols designed to prevent infections during procedures and recovery. If those protocols are ignored or implemented negligently and the patient develops a preventable infection, the facility may be held liable.
Evidence to Support Your Case
Medical malpractice cases are won or lost on evidence. The strength of the evidence assembled on your behalf, including medical records, expert opinions, facility policies, and other documentation, determines how much leverage your attorney has in settlement negotiations and how convincing your case is to a jury if the matter goes to trial.
Evidence used in medical malpractice cases includes:
- Medical records. A patient’s complete medical records form the foundation of any malpractice claim.
- Expert testimony. Florida law requires that a plaintiff’s attorney conduct a pre-suit investigation and obtain a written opinion from a medical expert affirming that there are reasonable grounds to believe a deviation from the standard of care occurred. Only after obtaining this written opinion can you file your suit. Other expert witnesses may also be consulted and may testify.
- Medical facility’s policies and protocols. All hospitals and medical facilities have internal policies and procedures that staff members must follow. When a provider’s conduct deviates from the facility’s own protocols, and that deviation contributed to the patient’s injury, the policy itself becomes evidence of the required standard of care. Obtaining these policies and protocols during the discovery process is vital to building your strongest case.
- Electronic health records and audit logs. Modern electronic health record systems generate detailed logs of when records were accessed, when entries were made, and whether entries were modified after the fact. Audit trail data can reveal whether a provider documented care that was never actually provided, whether changes were made to records after a patient complained, or whether important information was in the patient’s chart but went unread.
- Incident reports. Hospitals are required to generate incident reports when adverse events occur. These reports can contain telling assessments of what went wrong and who was responsible that differ from the version presented in the official medical record.
- Witness statements. Nurses, technicians, other physicians, and family members who were present during treatment or observed the patient before and after the alleged negligence can provide important accounts.
How Long Does a Medical Malpractice Case Take?
Medical malpractice cases typically take longer to resolve than most other personal injury cases. How long a case takes to resolve depends on numerous factors, including the number of defendants, whether liability is contested, the complexity of the medical issues, and the defense’s willingness to negotiate fairly.
A straightforward medical malpractice case with a cooperative defendant may be resolved in 12 to 18 months. More complex cases can take 2 to 4 years or longer. Once we have fully evaluated your medical malpractice case, we will give you an estimate of how long we think it may take to resolve your case.
Our medical malpractice attorneys work hard to keep your case moving efficiently while protecting your interests at every stage, building your strongest claim, and helping you secure maximum compensation for your damages.
How To Prove A Medical Malpractice Claim In Davie
Proving a medical malpractice claim in Florida can be complex. The Rosen Injury Law, P.A., our Davie personal injury lawyers will help you navigate these complexities, providing the guidance and support you need to build a strong case, starting with a review of the facts as they relate to the definition of medical malpractice:
- Medical duty of care: In Florida, proving that a bona fide doctor-patient relationship existed is necessary to start a malpractice lawsuit.
- Breach of duty: A breach of medical duty occurs when a physician does not handle a case in a manner consistent with that of a peer physician.
- Causation: Next, you must show that the provider’s breach caused a situation that resulted in your injuries.
- Damages: Finally, proving that the injury resulted in financial losses is essential.
Types of Medical Malpractice Cases We Handle
Our Davie medical malpractice lawyer has helped clients hold medical providers accountable for:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Anesthesia errors
- Medication errors
- Birth injuries
- Brain injuries
- Medical product defects
- Hospital-acquired infections
- Pharmaceutical errors
- Other acts of medical malpractice
Your Road to Recovery Starts Here
A free consultation with our Davie medical malpractice lawyer at 954-787-1500 can be your first step toward justice. We will discuss the specifics of your case, answer your questions, and explain your legal options. Our team is ready to listen and provide compassionate support during this difficult time.
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Compensation Is Available for Proven Claims
Florida law allows you to file a medical malpractice damages claim to address the injuries caused by your physician through error or negligence. The goal is to restore the injured patient to their position before the malpractice occurs as much as possible. While money will not erase the memories or scars, it can pay for your medical bills and future.
Our Davie medical malpractice lawyer will help you pursue an award for the following:
Medical Expenses
Medical bills can accumulate rapidly, including doctor visits, hospital stays, medications, therapy, rehabilitation, home healthcare, medical equipment, and future healthcare costs. If your injuries resulted in additional covered expenses and losses to you, Rosen Injury Law, P.A., will track your damages and demand full reimbursement.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost income. We will also work to recover damages for the reduction in your ability to earn a living. Our legal team will also negotiate vocational rehabilitation and training should you not be able to return to your old job.
Pain and Suffering
Physical pain and emotional distress are common consequences of medical malpractice, allowing you to recover an award for pain and suffering, mental anguish, emotional distress, depression, and other emotional trauma you have experienced. These damages are more challenging to prove under Florida Statute § 766.118.
Other Damages
Depending on the circumstances of your case, you may be able to recover additional damages for wrongful death, loss of enjoyment of life, loss of companionship, and punitive damages, although these are rare. If we discover that the insurer committed violations during your claim, we are not afraid to negotiate bad faith damages or go to civil court.
At Rosen Injury Law, P.A., our Davie medical malpractice lawyer will meticulously investigate every aspect of your case to identify all potential sources of compensation. We will aggressively advocate for your right to recover the full and fair amount you are entitled to under the law.
Florida Imposes Shorter Deadlines on Medical Malpractice Cases
You have up to two years from your injury to file a medical malpractice claim under Florida Statute § 95.11. As such, you have enough time to file a claim and negotiate a settlement while leaving room to pursue a case against liable parties in civil court where necessary. However, acting on your legal rights sooner rather than later is essential since this keeps evidence and eyewitness accounts fresh.
Missing Civil Deadlines Has Negative Consequences
Missing the statute of limitations and other applicable deadlines will negatively impact your claim, resulting in a partial or total denial of benefits. Rather than wait, contact the Rosen Injury Law, P.A., legal team to help you understand your options and build a case against careless or reckless medical providers.
Why Hire Our Davie Medical Malpractice Lawyer?
Working with a seasoned trial attorney means we have experience across various injury matters. Our Davie medical malpractice lawyer is known for their extraordinary litigation abilities and case results. Rosen Injury Law, P.A., focuses on personal injury cases, giving clients access to our acquired and advanced resources, knowledge, and skills.
Consider hiring us if you want:
- Experience: Rosen Injury Law, P.A., is firmly dedicated to representing your interests in court.
- Attention: Our legal team will ensure you get the individualized experience and attention you deserve.
- No win, no fees: You owe us nothing unless we successfully secure a favorable outcome for you.
Get the Support You Deserve
Medical malpractice can be a devastating experience, leaving you with physical, emotional, and financial burdens. You placed your trust in medical professionals only to have that trust broken. Rosen Injury Law, P.A. can help you hold them accountable and pursue the compensation you need to heal and move forward. Call 954-787-1500 or message below to schedule your free consultation with our legal team.