When we seek medical treatment in Plantation, we place our lives and well-being in the hands of healthcare professionals. While most providers are dedicated to their patients, errors can and do happen. When a healthcare provider fails to meet the accepted standard of care, the results can be catastrophic for the patient and their family. At Altman Law Firm, we understand the physical, emotional, and financial toll that medical negligence takes. We are committed to helping residents throughout Broward County navigate the complex legal landscape of Florida medical malpractice claims to seek the accountability they deserve.
In Florida, medical malpractice is defined by a healthcare provider's deviation from the prevailing professional standard of care. This standard represents the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances. Whether you were receiving care at a facility near University Drive or a private clinic in the heart of Plantation, the law requires that your treatment meets this benchmark. Proving that a physician, nurse, or hospital failed to meet this standard is a complex process that requires a thorough investigation of medical records and the testimony of qualified medical professionals.
Florida’s medical malpractice statutes, particularly Chapter 766, impose strict procedural requirements that must be met before a lawsuit can even be filed. This includes a mandatory pre-suit investigation period and the requirement to obtain a verified written medical expert opinion corroborating that there are reasonable grounds to initiate a claim. Additionally, the statute of limitations for medical malpractice in Florida is generally two years from the date the incident was discovered or should have been discovered, with a maximum limit known as the statute of repose. Because these timelines are strict and the procedural hurdles are significant, timely action is critical for those seeking to protect their rights after a medical error.
Medical errors can occur in many forms and in various settings across Plantation. Common claims involve surgical errors, such as operating on the wrong site or leaving instruments inside a patient. Diagnostic errors, including the failure to diagnose a serious condition like cancer or a heart attack, can also lead to devastating outcomes. Other cases may involve birth injuries, medication errors, or nursing home negligence. In the most tragic circumstances, medical negligence leads to wrongful death. In these cases, Florida law allows certain surviving family members to seek compensation for their loss, including funeral expenses and the loss of companionship and support.
A medical malpractice case typically requires four elements: a professional duty owed to the patient, a breach of that duty (negligence), an injury caused by that breach, and resulting damages. Not every poor medical outcome is malpractice; it must be proven that the provider deviated from the accepted standard of care.
Under Florida law, you generally have two years from the time you knew or should have known that the injury occurred and that there was a reasonable possibility it was caused by medical malpractice. There is also a four-year statute of repose that generally bars claims filed more than four years after the date of the actual incident.
Yes, a hospital can be held liable for the negligence of its employees, such as nurses, technicians, or staff physicians. Liability for independent contractor doctors can be more complex and often depends on the legal theory of apparent agency and the specific facts of how the hospital presented the doctor to the patient.
Altman Law Firm handles medical malpractice matters on a contingency fee basis. This means that our legal fees are calculated as a percentage of the recovery we secure for you. If there is no recovery, the client does not owe attorney fees for our services.
Victims of medical malpractice may be eligible to recover economic damages, such as past and future medical expenses and lost wages. They may also seek non-economic damages for pain and suffering, mental anguish, and loss of capacity for the enjoyment of life.
If you believe you have been a victim of medical negligence in Plantation, contact Altman Law Firm today to discuss your situation and learn more about your legal options. Call (305) 373-3730.