Florida Medical Malpractice Attorneys
When doctors cause more harm than good due to poor decision-making or incompetence, you may feel betrayed, angry, and helpless. Medical malpractice is the ultimate break in trust by your physician, a professional who holds your health (and thus your life) in their hands. The lawyers of Freedland Harwin Valori, PL can help you understand whether a mistake was made and file a lawsuit for you against the physician, other medical professionals and/or hospital in Florida to secure financial recovery for damages.
The most important first step is investigating what happened and whether malpractice occurred. This requires attorneys with experience representing clients in cases with complex medical care and treatment. In addition to our own experience, we engage the most highly qualified doctors and nurses, who are experts in their field, to review cases in detail to determine whether a doctor or medical professional whether there was negligent patient care.
Some of the common types of mistakes are:
- Birth injuries to newborns: Cerebral Palsy, Shoulder Dystocia, Erb’s Palsy
- Anesthesia errors leading to brain damage or death
- Surgical errors and operating room errors
- Orthopedic surgery mistakes
- Emergency room mistakes
- Failure or delay in diagnosis of: Cancer, Heart Attack, Stroke, Meningitis, Gestational diabetes, Pulmonary Embolism, Sepsis, Aortic Dissection
- Failure to treat stroke
- Gastric Bypass malpractice
- Radiology errors
- Intubation errors
- Medication and prescription errors
- Plastic surgery errors
- Surgery center errors
- Intravenous infiltration
It is important to have a lawyer that understands the medical complexities of these types of treatment and how to pursue your claim.
Florida Medical Malpractice Laws
Florida law requires a pre-suit process before a claim may be filed. The purpose of this law is supposed to be to weed out fraudulent claims, making it more difficult to file a lawsuit that has no merit. We usually hire an initial expert witness to provide an affidavit – typically a medical professional in the same field as the defendant- who can state that there was a deviation from the standard of care (i.e. hat a reasonable physician would have done something differently in the same circumstances.) At Freedland Harwin Valori, PL. we are intimately familiar with this process and know the right experts to conduct this initial review. If we accept your case, we advance all of the litigation costs and there is no out of pocket cost to you as we work on your case. We also charge no fee unless we recover money for you.
The best way to maximize your odds of a successful claim is with help from experienced lawyers, like those at the offices of Freedland Harwin Valori, PL.
If you suspect that you or a loved one has been the victim of medical malpractice it is important that you contact a lawyer right away. There is a statute of limitations for medical malpractice claims in Florida. You have two years from the date of the incident, or the date you discover malpractice-related injuries, to file your lawsuit. At the latest, you have four years from the date of malpractice, regardless of when you discover your injuries. There is an exception if the physician fraudulently conceals the malpractice. The statute also does not apply to minors if the case starts before his/her eighth birthday.
Proving negligence is the most challenging part of medical malpractice lawsuits. It requires attorneys that are experienced with medical and legal issues. The injured patient or other plaintiff has the burden of proving the defendant’s alleged actions represent a breach of professional standards of care. This usually may require hiring multiple additional expert witnesses to testify that the doctor acted outside the accepted standards for the situation and caused harm. The plaintiff must also prove his or her injury was not within the “necessary or reasonably foreseeable results” of the medical procedure, according to Statute 766.102. This is generally a difficult process to undertake by yourself, so it is almost always recommended to consult a legal professional. The lawyers of Freedland Harwin Valori, PL have over fifty combined years of handling these complex matters and will provide the best representation possible.
It can be difficult to go up against a prominent doctor, surgeon, or hospital in Florida. You need a thorough understanding of personal injury, medical malpractice, and negligence laws, as well as the knowledge to negotiate with insurance claims adjusters without letting them take advantage of you. The defendant’s insurance company will try to get you to settle your claim for as little as possible. You need an aggressive lawyer to fight for the true value of your claim – even if that means taking your lawsuit to court.
Representing yourself in a complex medical malpractice claim can lead to headaches, stress, and getting caught in red tape. You could even lose the opportunity to recover if you make mistakes or miss deadlines. Instead of going it alone, retain an experienced attorney with proven results. Our firm has everything you need to take your suit where it needs to go for maximum results. Contact us today for a free evaluation.