Question 1

Can You Sue for Medical Malpractice at an Emergency Room in Florida?

Accepted Answer

Whether you can sue for medical malpractice after an ER visit depends on what happened during the encounter. While all medical complications are unfortunate, some are unavoidable or outside the provider’s control. Not every injury results from medical malpractice. Not every medical error meets the requirements for a medical malpractice lawsuit. You can sue a provider for ER medical malpractice in Florida if you meet the following criteria under Florida Statutes § 766:

You can prove that the health care provider didn’t meet the duty of care. The duty of care requires health care providers to provide the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent health care providers under similar circumstances. If the provider’s care wasn’t acceptable or appropriate, they didn’t meet the duty of care for their profession.
You have evidence that you suffered a disability, injury, or illness due to malpractice. You must show that your injuries happened because your provider didn’t uphold their duty of care. You must submit clear evidence that the provider directly harmed you by failing to meet their duty of care. You must also show that you have sustained losses due to the malpractice, such as medical expenses, lost wages, loss of earning capacity, pain and suffering, disability, loss of enjoyment of life, and more.
You can show that your damages aren’t an expected outcome. If you had a medical procedure that led to a malpractice-related injury, you must be able to show that the injury wasn’t an expected or normal outcome according to the standard of care.
You are within the statute of limitations for medical malpractice cases. Florida Statutes section 95.11(4)(b) states that you have two years to file a lawsuit after the malpractice happened or you reasonably should have learned of your injury. However, you must file suit within four years after the malpractice occurred. There are scenarios in which you can get an extension for the lawsuit. An ER malpractice lawyer can help you understand whether those exceptions may apply in your case.

The lawyers at Freedland Harwin Valori Gander can walk you through the requirements to file a malpractice suit in Florida. We can let you know whether it’s possible to file your malpractice suit in court and ensure you meet all filing requirements.

Question 2

What Should You Do if You Experienced Emergency Room Malpractice?

Accepted Answer

If you have been the victim of emergency room malpractice, you must act immediately. Start documenting your experience and preparing a solid case as soon as you know you’ve experienced malpractice in the ER. You should take the following actions right away:

Document evidence: Your first action should be to preserve the details of the emergency room error. Start a binder that you can share with your legal team as evidence. You can include a copy of your medical record and testing from the malpractice incident. It can also include letters from specialists or photos of injuries.
Seek a medical opinion: Once you know you’ve suffered an injury from emergency room malpractice, find a new provider to give you a second opinion. Ideally, seek a specialist by getting a referral from your family doctor. This will get you a more thorough and appropriate assessment than the emergency room can offer. A specialist can assess how you’ve been affected by the malpractice incident.
Consult an attorney: The emergency room malpractice lawyers at Freedland Harwin Valori Gander can explain your legal rights and options. We can evaluate your case and let you know whether you have a valid claim for medical malpractice. Having an attorney represent you in a malpractice suit is critical, as these cases are complex.
Conduct a pre-suit investigation: Florida has mandated a pre-suit process for malpractice suits under Florida Statutes section 766.203. Before filing a medical malpractice lawsuit, you must conduct a reasonable investigation to establish a good faith belief that medical negligence occurred. The pre-suit investigation typically involves obtaining a pre-suit expert affidavit stating that the defendant breached the standard of care.
Serve a notice of claim: As the plaintiff, you must notify the providers you plan to sue at least 90 days before you file the malpractice lawsuit, per Florida Statutes section 766.106. Your notice must include an authorization to release protected health information per Florida Statutes section 766.1065. You must notify the defendants via verifiable means, such as certified mail or any U.S. mail with tracking. You can also use an authorized process server.
Consider mediation or settlement: If the providers reach out with settlement or mediation offers in response to the notice of claim, your lawyer can help you understand the best way to respond. If you can’t resolve the claim through negotiation, your attorney can pursue litigation.
Litigation: If the 90-day period passes and you haven’t come to a settlement or mediation agreement with the providers, Freedland Harwin Valori Gander can file a lawsuit against those defendants. Our experienced team of ER malpractice attorneys can help you organize evidence, file the complaint in court, and represent your interests during proceedings.

A lot of preparation goes into pursuing a medical malpractice lawsuit in Florida . The more time you spend working with your law team and preparing for court, the better we can represent you and get you the compensation you deserve.

Question 3

How An Emergency Room Malpractice Attorney Can Help You?

Accepted Answer

A lawyer plays a critical role in your emergency room malpractice case as your legal advocate. Your ER malpractice attorney can provide the following services:

Legal expertise: A medical malpractice attorney specializes in handling cases involving ER negligence cases. They deeply understand the complex laws and regulations governing health care, allowing them to navigate your case’s legal aspects effectively.
Case investigation: An attorney can conduct a thorough investigation to gather evidence, including medical records, witness statements, and expert opinions. They may interview health care professionals and review hospital policies and procedures to build a strong case.
Case evaluation: Your lawyer will evaluate the details of your case to determine whether you have a valid claim for medical malpractice. They will assess the evidence, consult medical experts, and provide you with an honest assessment of the strengths and weaknesses of your case.
Expert witnesses: Medical malpractice cases require the testimony of experts. These specialists can provide insight into the standard of care and whether it was breached in your case. Your lawyer will find and consult with qualified medical experts who can support your case.
Legal strategy: Your malpractice lawyer will develop a strategic plan for your case, considering your specific circumstances and the details of the malpractice incident. They will guide you through the legal process, ensuring that your legal team takes the approach that’s most likely to net you maximum compensation.
Settlement negotiation: Your attorney will help you negotiate with the provider’s insurance company or legal team to try to settle. If the provider’s lawyer offers a settlement, your lawyer will advise you on whether it is fair or in your best interests. They may recommend going to trial if the offer is inadequate.
Legal proceedings: If you and the provider cannot reach a settlement, your lawyer will represent you in court. They will file a lawsuit and present your case to a judge and jury. They will also cross-examine witnesses and handle all litigation matters.
Maximize compensation: Your attorney’s goal is to maximize the compensation for your injuries and losses. They will help you calculate the full extent of your damages. They will advocate for you to secure fair compensation for your injuries, medical expenses, and other damages.

Your emergency room medical malpractice lawyer near Fort Lauderdale is your advocate and legal representative. At Freedland Harwin Valori Gander, we work to protect your rights and help you receive fair compensation. Our team brings legal experience, expertise, and resources to navigate the complex process of pursuing a medical malpractice claim.

Question 4

Who is Liable if Errors Occur in the Emergency Room?

Accepted Answer

There are several types of defendants in an emergency room medical malpractice lawsuit. These include the following:

Physicians: Doctors are the experts who lead your care. Even if you see a nurse practitioner or a physician’s assistant, they typically work under the supervision of a doctor.
The hospital: Hospital policies and procedures can make it harder for providers to give care appropriately. If you feel that administrative choices contributed to medical malpractice during your stay in the ER, then you may be able to name the hospital in a lawsuit . The hospital may also be liable for the negligence of its employees.
Nurses, physician assistants, imaging technicians, and other medical staff: Many people are involved in your care, especially if you are a complex patient. Each of them owes a duty of care to the patient, and any of them could contribute to emergency room malpractice.

You can name a single defendant in a lawsuit if only one party contributed to malpractice. But you can also name multiple defendants if you feel that more than one provider contributed to the malpractice. In that case, liability would be assigned to each party based on the facts of the case.

Emergency Room Malpractice Lawyer in Florida