Medical Malpractice

Fort Lauderdale Medical Malpractice Attorneys

Medical negligence cases are typically more complex than other types of claims arising from professional negligence. There are many factors that need to be considered when evaluating a medical negligence claim. In fact, many attorneys who handle negligence cases will not handle a claim for medical negligence. At Levine & Glassman, we rely heavily on other attorneys to refer their medical negligence cases to our firm, and we take pride in the confidence and trust bestowed upon us by other law firms throughout the State of Florida.

The attorneys at Levine & Glassman will evaluate all aspects of your potential medical negligence claim. We can assist in obtaining the medical records needed to evaluate your claim, and we have access to expert physicians, nurses and other health care specialists who can provide a through review of the medical issues at the heart of your case.

Important Medical Malpractice Considerations

When you contact Levine & Glassman, one of our attorneys will discuss your potential claim, and explain some of the critical legal issues which must be evaluated prior to filing a lawsuit for medical negligence. Some of the most important considerations in evaluating your potential medical malpractice claim include:

• Statute of Limitations for medical negligence claims:

  Generally, all claims for negligence against a healthcare provider must be brought within 2 years of the discovery of the possibility of negligence. If the medical negligence was not discoverable with reasonable diligence, the limitation period may be expanded to 4 years from the date the medical negligence occurred. Further, in cases involving fraud or children, the filing deadline may be extended even beyond 4 years. If necessary, potential claimants can file for a 90-day extension of the statute of limitations. No matter which deadline applies, it is imperative that an attorney consider your claim to determine the appropriate filing deadline.

• The Potential Defendant's Insurance Coverage:

  Contrary to popular belief, a physician can practice medicine without malpractice insurance. However, all physicians, even those without malpractice insurance must comply with Florida’s financial responsibility requirements. Any physician who practices medicine without malpractice insurance is required to post a notice that he or she does not carry malpractice insurance in the waiting room of their medical office. We can conduct a search with the Florida Board of Medicine to determine whether your physician carries medical malpractice insurance.

• Sovereign Immunity Issues:
  

  Many hospitals in the State of Florida are entitled to the protections of statutory sovereign immunity. Also, the physicians who work at these hospitals may be entitled to same legal protection. If you are a victim of malpractice at a hospital that is covered by sovereign immunity, your damages may be capped at $100,000.00, unless the Florida Legislature approves a claims bill awarding you damages in excess of the statutory cap.

• Statutory Presuit Investigation:

  Generally, prior to filing suit, a Claimant must conduct an investigation which includes having the potential case reviewed by an expert healthcare provider. If the expert is convinced of the existence of negligence, he or she must execute an affidavit stating that there is a good faith basis for the claim. Thereafter, the affidavit is forwarded to the Potential Defendant with a Notice of Intent to Initiate Medical Malpractice Litigation. The Potential Defendant shall have 90 days to investigate the claim. At the conclusion of its investigation, the Potential Defendant shall admit liability and request arbitration, make a settlement offer or deny the claim altogether. If the Potential Defendant denies the claim, a copy of an affidavit from a qualified medical expert supporting the denial must be forwarded to the Claimant.

• Causation Issues:

As with any claim for negligence, a medical malpractice claim requires that the Claimant prove that the healthcare provider was negligent in providing medical care. However, a Claimant must also prove that the negligence was a legal cause of the alleged injury and/or damages. In medical malpractice cases, causation is typically the most difficult element to prove.

• Medical Liens:

  If you recover damages in a claim for medical negligence, you may be required to repay the medical expenses, incurred due to the negligence, to your health insurance company. Typically, the medical lien will be subject to negotiation.

Medical Malpractice Litigation Areas

Medical malpractice and is a broad term that covers a vast array of specific health care offenses. These can generally be classified in on of three categories: procedural mistakes and surgical errors on the part of the physician responsible for your care, failure to fulfill obligations regarding potentially life-threatening and reasonably detectable conditions, and general health care negligence. Some of the potential issues dealing with a medical malpractice case include:

• Procedural Mistakes
  • Plastic Surgery Mistakes
  • Retained Foreign Objects After Surgery
  • Organ Transplants Errors
  • Surgical Errors
  • Lasix and Cataract Surgery
  • Improper Radiographic Imaging and Interpretation
  • Epidural Injections
  • Pregnancy, Obstetrical and Birth Injuries
  • Medicine and Anesthesia Overdose
  • NICA Claims
• Failure to Fulfill Obligations
  • Failure to Diagnose Breast Cancer
  • Failure to Diagnose Cervical Cancer
  • Failure to Diagnose and Treat Infections
  • Failure to Diagnose Pulmonary Embolism
  • Failure to Diagnose Multiple Sclerosis
  • Failure to Diagnose Cancer
  • Failure to Timely Treat Medical Conditions
  • Failure to Diagnose Cauda Equina Syndrome
• General Health Care Negligence
  • Substandard Emergency Room Care
  • Negligent Dental Care
  • OBGYN Negligence
  • Lack of Informed Consent
  • Preventable Heart Attacks and Strokes
  • Erroneous Medicine Prescriptions
  • Negligent Wound Care
  • Negligent Podiatric Care
  • Ophthalmology and Optometry Care
  • Negligent Psychiatric and Psychological Care
  • Negligent Nursing and Therapist Care
  • Negligent Patient Supervision
  • Violation of Patient’s Rights and Nursing Home Care
  • Pressure Sores and Decubitus Ulcers
• Nursing Home Abuse / Neglect

Knowing these different ways that you can be harmed by a health care professional can help you decide on whether you should pursue a medical malpractice case in Florida. If you've been injured as a result of negligent health care, call the attorneys at Levine & Glassman, P.A. to discuss your case.

Medical Malpractice Statistics

Studies performed by a number of independent third-party organizations have shown that preventable medical errors are a considerable cause of death throughout the nation. One study by Healthgrades reported an average of 195,000 deaths nationwide for each of the years from 2000-2002.

In a 2006 study performed by the Institute of Medicine, medication errors were found to harm an average of 1.5 million people each year. The following table breaks down the number of nationwide preventable injuries by health care setting for the data in the study:

The total amount of damages estimated by this study come to $887 million for just Medicare recipients. This also didn't take into account non-medical costs like lost wages or productivity.

From these medical malpractice statistics, it's evident that health care negligence is an alarmingly common incident. Physicians have to juggle many different patients all while managing 50-60 hour weeks of on-call shifts, so there is a significant possibility of human error. Regardless of the cause, negligent health care can cause serious complications and anguish in the victim's life. Experienced legal counsel can ease this pressure and get you fair compensation for your loss.

Levine & Glassman, P.A. - Florida Medical Malpractice Lawyers

The attorneys at Levine & Glassman have extensive experience at evaluating and pursuing medical negligence claims in Fort Lauderdale and the surrounding areas of Broward, Miami-Dade, and Palm Beach counties. Contact our firm at (954) 332-6100 or using our online contact form and one of our attorneys will evaluate your potential medical malpractice lawsuit, explain the process of filing such a claim, and answer any other questions you may have.