Fort Lauderdale Hospital Malpractice Attorney
Hospitals have the power to save lives and restore patients’ health and well-being. Unfortunately, they can also cause severe injuries if they’re negligent or fail to properly screen and train their employees. If a doctor, nurse, or other care provider working for a hospital caused you physical harm, you have the right to seek compensation. A Fort Lauderdale hospital malpractice attorney with Freedland Harwin Valori Gander is ready to assist you.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 11, 2024
Table of Contents
- What Is Hospital Negligence?
- Can You Sue a Hospital for Negligence?
- Why Choose FHVG for Hospital Negligence Cases in Fort Lauderdale?
- Important Fort Lauderdale Statutes in Hospital Malpractice
- Procedure for Hospital Negligence Claims
- Compensation and Damages for Victims of Fort Lauderdale Hospital Malpractice
- Contact Our Fort Lauderdale Hospital Malpractice Attorney Today
When people enter a hospital, they believe they’re putting their lives and health in capable hands. They trust that medical facilities hire professionals with the necessary training, knowledge, and skills to alleviate their issues and protect them from greater suffering. When a hospital breaks that trust, it can cause lifelong physical, emotional, and financial harm.
If you or someone you love has suffered because of a hospital’s negligent or reckless behavior, you have the right to seek compensation. A skilled Fort Lauderdale hospital malpractice attorney at Freedland Harwin Valori Gander can pursue your hospital negligence and malpractice claim.
What Is Hospital Negligence?
Healthcare facilities have a legal duty to protect their patients’ safety by providing treatment that meets the applicable standard of care. Under Florida law, hospitals must carefully review the qualifications and competence of prospective employees. They’re also responsible for having written procedures outlining how they select staff and conducting reviews to ensure patients receive adequate care.
In addition to these requirements, hospitals must also provide an adequate level of care. They must properly train staff, maintain a hygienic environment with working equipment, keep accurate medical records, and implement appropriate procedures to deliver care. If medical professionals working directly for the facility breach any of these duties, causing you to suffer an injury, you can pursue damages for the physical and emotional hardships you experience.
Situations that might lead to a hospital negligence claim include the following:
- Misdiagnosing or failing to diagnose a medical condition due to missed or misinterpreted symptoms
- Treating a patient in an unclean room that causes an infection
- Failing to perform or order medical testing
- Leaving a surgical instrument inside a patient during a procedure
- Prescribing or administering medication improperly
- Failing to take a patient’s medical history
- Neglecting to obtain informed consent
Depending on the circumstances of your case, these and other instances of hospital negligence may also constitute medical malpractice. If you have lost a loved one due to hospital negligence, you may also be eligible to pursue a wrongful death lawsuit. A Ft. Lauderdale hospital malpractice attorney can evaluate the details of your claim and explain your legal options.
Can You Sue a Hospital for Negligence?
You can sue a hospital for negligence if you suffered an injury caused by the negligence of a medical professional working for that institution. As the employer, the hospital has a legal duty to hire competent staff and execute a comprehensive medical review and risk management program.
However, Florida’s sovereign immunity law limits the amount of damages you can collect from hospitals owned by the state and counties. If your injury occurred at one of these hospitals, the maximum compensation available is $200,000 per person and no more than $300,000 for all claims related to an incident that harms multiple people.
Most privately owned hospitals don’t have this sovereign immunity protection. An experienced Fort Lauderdale hospital negligence attorney can identify whether sovereign immunity applies to the hospital involved in your case.
Why Choose FHVG for Hospital Negligence Cases in Fort Lauderdale?
The attorneys at Freedland Harwin Valori Gander have over 20 years of experience, with a track record of proven success and personalized support. We’ll communicate transparently, answer your questions honestly, and address your concerns through every stage of your case.
We’re also advocates for the community and believe in fairness and justice. We fight to hold negligent hospitals accountable for the financial, physical, and psychological damage that they cause. Our history of substantial settlements and verdicts reflects our dedication to our clients.
We bring many years of experience in handling medical malpractice cases against some of the largest hospital systems, including;
- HCA
- Tenet
- Baptist
- Ascension Health
- South Broward Hospital District d/b/a Memorial Healthcare System
- North Broward Hospital District d/b/a Broward Health
- Mt. Sinai Medical Center and many others.
We have handled cases all over Broward and Miami-Dade Counties and understand how these large systems defend cases.
FHVG serves all of the Fort Lauderdale area, including the following neighborhoods:
- Pembroke Pines
- Hollywood
- Miramar
- Coral Springs
- Pompano Beach
- Davie
- Sunrise
- Plantation
- Deerfield Beach
- Lauderhill
- Tamarac
- Weston
- Margate
- Coconut Creek
- North Lauderdale
- Oakland Park
- Hallandale Beach
- Lauderdale Lakes
- Parkland
- Cooper City
- Dania Beach
Important Fort Lauderdale Statutes in Hospital Malpractice
Certain restrictions could affect your case, no matter how strong your hospital malpractice claim may be. Chief among them is Florida’s statute of limitations, which imposes a deadline to file a medical malpractice lawsuit.
The deadline for filing medical malpractice cases in Florida is typically two years from the incident date. However, if your cause of action was not immediately apparent, you have two years from when you discovered or should have discovered the incident. No matter when you discover the injury, you must file suit within four years after the malpractice occurred.
Some exceptions to the law extend the filing deadline, such as if the malpractice victim is a minor or the responsible party committed fraud to conceal it. For an action on behalf of a minor victim, you have until the child’s eighth birthday to file suit. Meanwhile, involving fraud or concealment, you have up to seven years.
Procedure for Hospital Negligence Claims
No two cases are exactly alike, but the process for filing a claim generally follows the same steps. However, hospital negligence cases have unique pre-suit requirements you must meet before filing.
First, your hospital negligence lawyer must conduct a reasonable investigation to determine the claim’s validity. The process includes obtaining an affidavit from a medical professional stating they have a good faith belief that you have grounds to bring a claim against the named defendants.
Your attorney will also notify the defendant of your intent to file a lawsuit and allow them 90 days to respond.
One of the most challenging aspects of medical malpractice cases is proving that a medical professional’s actions caused your injury. Your attorney must gather evidence to support your claim, such as the following:
- Your medical records
- Statements from witnesses
- Video footage from surgeries
- Testimony from medical experts
- Proof of your damages, including medical bills, pay stubs, income statements, etc.
Your Fort Lauderdale hospital lawsuit attorney will also file all the necessary paperwork and attempt to negotiate a fair settlement that accounts for all your damages. If the insurance company offers an inadequate settlement, your attorney can present your case in court and fight for a favorable verdict.
Compensation and Damages for Victims of Fort Lauderdale Hospital Malpractice
Hospital malpractice cases often involve multiple types of damages, including:
- Medical expenses: As a hospital negligence victim, you may need additional treatments and surgeries to recover. You can seek damages for past and future medical bills related to your injury.
- Lost wages: If you cannot work because of a doctor or hospital’s negligent actions, you’re entitled to compensation for your lost or reduced wages. Calculating your damages involves considering the wages you have already missed and the effect on your ability to work moving forward.
- Emotional distress: Hospital negligence is a traumatizing experience. Defendants in these cases often have to compensate victims if they develop anxiety, depression, or post-traumatic stress because of their injury.
- Pain and suffering: Non-economic damages are more difficult to calculate because they address an injury’s effect on your overall quality of life. For example, your injury might cause problems in your marriage or other family relationships.
Victims sometimes underestimate the extent of the expenses and losses related to their injuries. When calculating damages for your hospital negligence claim, a Fort Lauderdale medical malpractice attorney will carefully analyze how your injury has affected your life to maximize your compensation.
Contact Our Fort Lauderdale Hospital Malpractice Attorney Today
A hospital malpractice injury takes a heavy toll physically and emotionally, and financial difficulties can make your recovery longer and more difficult. The hospital and medical professionals who placed you in this position deserve to be held accountable. The Fort Lauderdale attorneys at Freedland Harwin Valori Gander help victims and their families secure justice.
If you believe you have a hospital negligence claim, contact our team for help. We’ve recovered over $2.6 billion for our deserving clients. Get started on your case today with a free consultation.
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