When you seek treatment at a healthcare facility in Hollywood, whether it is a major hospital near Sheridan Street or a private clinic along US-1, you place an immense amount of trust in your doctors and nurses. When that trust is broken through negligence or a failure to meet the accepted standard of care, the results can be devastating. Jeffrey S. Altman and the Altman Law Firm provide compassionate legal support to individuals and families in Broward County who are dealing with the aftermath of medical errors.
Medical malpractice claims in Florida are governed by complex statutes that require a high level of diligence. Before a lawsuit can even be filed, Florida law necessitates a rigorous pre-suit investigation process. This includes obtaining a verified written medical expert opinion to corroborate that negligence occurred. Furthermore, the statute of limitations for these cases is generally two years from the time the incident was discovered or should have been discovered. Navigating these procedural hurdles requires a thorough understanding of the legal landscape in Broward County.
Negligence in a medical setting can take many forms, affecting patients in various ways. In Hollywood, we see cases involving surgical errors, where the wrong site is operated on or instruments are left behind. Other common issues include the failure to diagnose a serious condition like cancer or heart disease, medication errors involving incorrect dosages, and birth injuries that can have lifelong consequences. Regardless of the specific error, the focus remains on whether the healthcare provider deviated from the prevailing professional standard of care.
Choosing a firm that understands the Hollywood community and the Broward County court system can be a significant factor in your case. From the initial filing to potential litigation in the local circuit courts, having a legal team that is familiar with the regional healthcare landscape is beneficial. We work to gather necessary medical records from local providers and build a comprehensive narrative of how the negligence occurred and the impact it has had on your quality of life.
In Florida, the statute of limitations for medical malpractice is typically two years from the date the injury was discovered or should have been discovered with due diligence. However, there is a 'statute of repose' which generally prevents any claim from being filed more than four years after the actual date of the incident, except in cases involving fraud or concealment.
To prevail in a medical malpractice claim, you must generally establish four elements: a legal duty was owed to the patient, the healthcare provider breached that duty by failing to meet the standard of care, the breach was the proximate cause of the injury, and the injury resulted in compensable damages.
Yes. While a consent form acknowledges the inherent risks of a procedure, it does not give a healthcare provider permission to be negligent. If a doctor makes a mistake that falls below the accepted standard of professional care, a consent form typically does not shield them from liability for that negligence.
Florida follows a modified comparative negligence system. This means that if you are found to be partially responsible for your own harm, your recovery may be reduced by your percentage of fault. However, as long as you are not more than 50% at fault, you may still be eligible to recover damages.
If medical negligence results in a fatality, the personal representative of the deceased person's estate may be able to bring a claim under the Florida Wrongful Death Act. This allows certain survivors, such as a spouse or children, to seek compensation for their losses resulting from the death.
If you believe you have been a victim of medical negligence in Hollywood, contact the Altman Law Firm today to discuss your legal options. Call (305) 373-3730.