Doctors undergo extensive training to equip them with the knowledge and skill needed to provide appropriate care to their patients. In some cases, however, doctors deviate from their training and provide treatment that falls below the standard of care required. Inadequate medical care can cause significant health problems, and people who suffer harm as a result should not need to bear this burden on their own. If you suffered harm because of improper medical care, a Fort Lauderdale medical malpractice lawyer can help you pursue the compensation that you may be entitled to recover. Joseph I. Lipsky is experienced in handling medical malpractice lawsuits, and he will work tirelessly to help you in your pursuit of damages.
Medical malpractice can occur in a variety of ways. Many medical malpractice lawsuits arise out of a physician’s failure to promptly or accurately diagnose a patient, which can result in a delay of treatment and a worsening of the patient’s illness or condition. Surgical errors that cause excessive bleeding or damage to internal organs are a common form of medical malpractice as well. Inappropriately prescribed medication can also serve as the basis for a medical malpractice claim.
Notably, Florida medical malpractice claims are not limited to claims against doctors but can include any claim against a “health care provider” arising out of their treatment of a patient. Health care providers include hospitals, birth centers, chiropractors, nurses, dentists, and midwives.
A patient and a medical malpractice attorney in the Fort Lauderdale area will typically try to prove that the defendant health care provider was negligent under the standards of their specific profession. To recover damages from a negligent health care provider through a medical malpractice lawsuit, you must prove that the provider owed you a duty of care, which was breached, and that the breach was the proximate cause of your harm. In other words, the injured person must prove by a preponderance of the evidence that the harm would not have occurred if not for the breach.
In many medical malpractice cases, the defendant health care provider will argue that the standard of care was met or that any breach did not cause the alleged harm. Whether a doctor’s negligent acts caused harm is generally beyond the understanding of most people. Thus, a patient typically will need to retain a medical expert to offer testimony regarding the manner in which the breach caused their harm. This is an important reason to hire a Fort Lauderdale medical malpractice attorney for your claim.
Medical malpractice claims differ from other Florida personal injury claims in that generally they must be pursued within two years of the date of the harm, rather than four years. Additionally, while the standard of care in a typical negligence claim is the care that would be exercised by an ordinary, reasonable person under similar circumstances, in a negligence claim arising out of medical malpractice, the health care provider is subject to the prevailing standard of care for the provider’s profession. In other words, it is the level of care, treatment, and skill that is considered appropriate and acceptable by similar health care providers that are reasonably prudent, in light of the relevant circumstances.
Patients should be able to rely on their doctors to provide appropriate care, and if a doctor’s insufficient care harms them, they should be able to recover damages. If you are a victim of medical malpractice, it is critical to meet with a skilled medical malpractice lawyer in the Fort Lauderdale area to discuss your case and assert your right to compensation. Joseph I. Lipsky represents people in medical malpractice lawsuits in Fort Lauderdale and elsewhere in Broward, Miami-Dade, Orange, Palm Beach, and Monroe Counties, including in Miami, Orlando, West Palm Beach, and Key West. Our offices are conveniently located in Miami, Plantation, Delray Beach, and West Palm Beach. You can reach us through our online form or at 1-888-352-5298 to schedule a free and confidential appointment to explore your legal options.