Medical Malpractice

Medical Malpractice Lawyer Hollywood, Florida

Medical malpractice is the result of a healthcare provider’s failure to provide the expected standard of care. Unfortunately, some doctors cause harm through their mistakes, ignorance, negligence, lack of skill and misdiagnosis. By utilizing the best research and the finest medical professionals for evaluation, our law office can qualify the merit of your case.

Legally, healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances that are used by other members of the medical profession.

Proving Financial and Non-Economic Damages

Building a successful medical malpractice case often hinges on demonstrating both concrete financial losses and the more intangible effects of your injuries, like pain and suffering. So how is this done?

To establish your financial damages—things like lost wages, the cost of past and future medical care, and any necessary rehabilitation—we rely on solid documentation. Examples include:

• Pay stubs, tax records, or employment documentation showing your income before and after the injury.
• Hospital and doctor bills, pharmacy receipts, and other medical expense records.
• Statements or reports from life care planners and vocational experts who can project the long-term financial impact, such as your need for continued treatment or limitations in your ability to work.

As for non-economic damages, such as pain and suffering or the emotional toll of disability, these are often proven with testimony and narrative evidence. For instance:

• Statements from family members or close friends who can describe the changes in your daily life, activities, or personality since the incident.
• Medical professionals or mental health experts who can assess the physical and emotional impacts.
• Documentation detailing how your injury has affected your ability to enjoy life or carry out routine tasks.

By collecting and presenting clear, persuasive evidence from these sources, our team can help build a compelling case for the full extent of your losses.

Evidence Needed to Prove Medical Malpractice

Proving medical malpractice isn’t simply a matter of claiming your doctor made a mistake. It requires assembling persuasive evidence that shows not only what went wrong, but how it departed from the accepted standard of care. If you’re considering moving forward with a malpractice case, here’s the type of documentation and expert testimony you’ll need:

• Medical records – Detailed records from both the doctor in question and any related treatment facilities are essential. These documents reveal what was done, when, and by whom, serving as the foundation for your case.
• Expert opinions – Objective, third-party doctors—often specialists in the same field—can analyze the facts and explain whether the care provided met professional standards. Their testimony is often the linchpin in establishing what a reasonably competent provider would have done.
• Eyewitness accounts – Statements from nurses, other medical personnel, or even family members present during treatment can clarify circumstances or highlight procedural errors.
• Incident and personnel reports – Internal hospital or clinic reports may document what transpired and reveal patterns of errors or policy violations.
• Financial records – Documents such as pay stubs, insurance statements, and medical bills help demonstrate the losses suffered due to the injury.
• Supporting statements and evaluations – Input from family members, vocational experts, and life care planners can provide valuable details about changes to your quality of life, ongoing care needs, and emotional distress.

Every situation is unique. An experienced advocate will help review what evidence is necessary and work to gather the right documentation to strengthen your case.

Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists, and surgical procedures. Although there are numerous types of malpractice claims, here are the most common:

• Wrongful death.
• Birth defects or injuries.
• Hospital, physician, and nursing negligence.
• Misdiagnosis.
• Pharmaceutical (Medication) errors.
• Surgical errors.
• Anesthesia errors.
• Emergency Room errors.
• Radiology errors.
• Failure to properly diagnose or treat cancer.

Suing a Doctor Who Lacks Malpractice Insurance

It’s a common misconception that you cannot bring a lawsuit against a doctor simply because they lack malpractice insurance. In reality, you can still file a medical malpractice claim—even if the healthcare provider is uninsured. The core issue is whether negligence or substandard care occurred, not whether the provider carries insurance.

However, keep in mind that collecting compensation can be more complicated in these scenarios. Without insurance, any damages awarded must be paid directly by the individual doctor or provider. This sometimes makes collecting the full value of a judgment more challenging, especially if the doctor’s personal assets are limited.

If you’re considering a claim against an uninsured medical professional, it’s important to work with a law firm experienced in locating assets and pursuing all available avenues for recovery. Our firm investigates each matter thoroughly to determine the best course of action for your case and maximize your potential compensation.

Determining the Value of a Medical Malpractice Claim

The value of a medical malpractice claim is carefully calculated by evaluating both the immediate and long-term effects the injury has had on your life. Central to this assessment are several key factors:

• Magnitude of the Injury: The extent of physical or emotional harm sustained, along with the expected duration and permanence of those injuries.
• Economic Losses: This includes concrete out-of-pocket costs such as current and anticipated medical bills, rehabilitation expenses, lost wages, and future loss of earnings due to diminished working capacity.
• Non-Economic Damages: These are less tangible but no less significant, ranging from pain and suffering to the overall impact on your quality of life and emotional well-being. Generally, these are calculated with the help of expert testimony and recognized legal standards.
• Specific Circumstances: In tragic cases resulting in wrongful death, courts may also consider funeral costs, loss of companionship, and financial support previously provided by your loved one.

Every claim is unique. The process often involves consulting with medical specialists, economists, and life care planners to provide an accurate picture of the damages sustained. Courts and insurance companies review all documentation—including medical records, expert opinions, and employment records—to ensure you’re fairly compensated for all losses, now and in the future.

If a medical doctor is found negligent, you can recover “money damages.” Damages are intended to help you return to your condition before the injury. There are several forms of damages that you may recover in a medical malpractice award – economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive damages (to punish reckless behavior). You may also receive compensation for future medical expenses and loss of future earnings.

The Importance of Filing Your Claim on Time

It’s vital to understand that medical malpractice claims come with strict deadlines—known as statutes of limitations. If a claim isn’t filed within the allotted time, you risk permanently losing your right to compensation, regardless of the severity of harm you’ve suffered.

Missing this deadline could mean that, even if clear evidence exists showing negligence or injury, your case may be dismissed without being heard. This not only affects your ability to recover damages but also prevents you from holding the responsible party accountable.

Acting promptly also helps preserve crucial evidence—like medical records, eyewitness accounts, and physical proof—which may be lost or become less reliable over time. In the complex world of medical malpractice, timing can make all the difference to the outcome of your case.

Florida’s Statute of Limitations for Medical Malpractice

If you are considering a medical malpractice claim in Florida, it’s crucial to understand the time limits involved. Florida law generally requires that a lawsuit be filed within two years from the date you knew, or reasonably should have known, that the injury was caused by medical negligence. However, regardless of when you discover the issue, you cannot file a claim more than four years from the actual date the alleged negligence took place.

This time frame is strict, and missing the deadline could bar you from recovering any damages. Because investigating and preparing these cases is complex, it’s essential to consult a qualified medical malpractice attorney right away. Early consultation can help secure valuable evidence and witness accounts, strengthening your claim and maximizing your potential recovery.

How Long Do I Have to Sue a Doctor After Surgery?

One of the first questions people often ask after experiencing harm during surgery is, “How long do I have to take legal action?” In Florida, the time frame for filing a medical malpractice lawsuit is generally two years from the date you discovered— or should have discovered— the injury caused by medical negligence. This rule is known as the “statute of limitations.”

However, there are important details to keep in mind:

• Discovery Rule: Sometimes, surgical errors or complications are not immediately apparent. The law recognizes this, so the clock typically starts ticking from the moment you knew or reasonably should have known about the harm.
• Ultimate Deadline: Regardless of when the injury was discovered, Florida law sets an absolute deadline of four years from the date the malpractice occurred, with rare exceptions for cases involving fraud, concealment, or misrepresentation.
• Exceptions for Minors: If the injured patient is a child, different rules may apply that could extend the filing period.

Because these rules can be complex and exceptions may exist, it’s crucial to contact a qualified medical malpractice attorney as soon as possible. Acting quickly helps ensure that your case can move forward and that important evidence is preserved.

If you think you might have a claim, don’t wait—timing is critical in protecting your rights.

Contact Us Today

Medical malpractice cases are difficult, time-consuming, and extremely costly. Not all medical malpractice lawyers have the experience and financial capabilities required to litigate against negligent doctors and hospitals. Our medical malpractice lawyer division is Chaired by our Senior Head of Litigation, Scott Newmark, who has successfully handled countless such cases and has established a reputation for excellence in the field.

Accordingly, if you feel you or a loved one is a victim of medical malpractice, please contact us immediately for a free consultation with a Medical Malpractice lawyer. Our experienced medical malpractice lawyer at Barzakay Law will help you get the compensation you deserve.