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    Fort Lauderdale Attorney David I. Fuchs

    David I. Fuchs, Fort Lauderdale Medical Malpractice Lawyer


    Most of us are taught to trust doctors, so if you are injured by one, it can be a shock. The unfortunate truth is that medical errors that lead to bodily injuries, and are surprisingly common. According to Johns Hopkins researchers, more than 250,000 deaths in the country each year and a large number of injuries are caused by doctors, hospitals and other health care professionals. However, not all of these cases rise to the level of medical malpractice. So how do you know if you’ve been the victim of medical malpractice in Florida?

    Medical malpractice is a complicated area of the law that can be very difficult to prove. If you’ve been injured in a health care setting, contact a Fort Lauderdale medical malpractice lawyer at David I. Fuchs, Injury & Accident Lawyer, P.A. right away. To schedule a free consultation of your case, reach out through the online form.

    Due to the complex nature of medical malpractice cases, it’s wise to know about the laws and other issues that surround the topic, including:

    The Issue of Negligence

    Basically, negligence is the failure to use reasonable care. It is a concept in personal injury claims that is used to figure out who should pay for damages that were caused. However, it is a complex legal idea that should be analyzed by your attorney when determining who is at fault and who should pay for your injuries.

    Medical malpractice is based on negligence. Doctors are negligent when they act outside of normally accepted standards of care. Sometimes injuries happen even when doctors are trying to act in a patient’s best interests. For example, a doctor might give you a drug, and you had a bad allergic reaction to it. But what if the doctor had no way of knowing about your allergy – even if you didn’t know about it? In this case, the doctor was not acting negligently. However, if a doctor gives you a drug that you have an allergic reaction to, and your allergy is well-documented in their medical records, this might be a case of malpractice.

    What is ‘Negligence’ in Florida?

    According to Florida Law, a person may be negligent if they failed to use reasonable care. Reasonable care is that which a reasonably careful person would use in similar circumstances. If a person does something that a reasonably careful person would not do, they may be negligent. Also, if a person fails to do something that a reasonably careful person would do, they may be negligent.

    Can I Sue Someone for Negligence?

    Yes, but in order to obtain compensation in a negligence claim, you must prove certain elements. The elements of a cause of action for negligence are:

      1. There was a legal duty to use due care. This means that the person at fault had a legal responsibility to act in a certain way.
      2. There was a breach of that duty. This means that a person must have violated the law or failed to act responsibly.
      3. There breach of duty caused injuries. You must show that the illegal actions of the person at fault directly caused your injuries.
      4. You suffered damages as a result of your injuries. You must have actual losses, or monetary expenses, that resulted as a result of the injuries caused by the at-fault person.

    Malpractice Can Occur During a Variety of Procedures

    Examples of possible malpractice include failing to diagnose an illness, diagnosing an illness but unnecessarily delaying treatment, prescribing or administering the wrong medication, leaving a surgical tool inside a patient’s body, performing the wrong surgery on a patient, improper use of forceps during childbirth, and more.

    How Long Do You have to Bring a Medical Malpractice Suit in Florida?

    You must bring your medical malpractice claim within two years of the incident that caused your injury, or within two years of discovering you were injured. You cannot file a suit more than four years after the incident in which the injury occurred.

    What Damages Can You Recover if You Were a Victim of Medical Malpractice in Ft. Lauderdale?

    You may receive compensation for your medical bills, lost time at work, property damage, emotional distress, and more.

    Usually, a claim is limited to a maximum of $500,000. There may be higher amounts in cases involving death and punitive damages. Punitive damages are those that go beyond reimbursing you for your losses. They are meant to punish the person being sued, and used in hopes that they don’t commit similar actions in the future.

    How Do Medical Malpractice Lawsuits Work in Ft. Lauderdale?

    Florida Courts Can Order Non-binding Arbitration

    The court can order the parties involved in your medical malpractice case to try and work out a settlement instead of going to trial. When parties can’t agree and it isn’t possible, the case may proceed to trial.

    You May Need Expert Witnesses

    Sometimes expert witnesses are needed in a medical malpractice case to help prove liability. These experts are medical professionals familiar with the area of medicine in which the injury occurred.

    How Long Does a Medical Malpractice Lawsuit Take?

    How long a case takes to settle depends upon a variety of factors, including whether the case goes to trial, the available evidence, and more. A medical malpractice case can take weeks, months, or years to resolve.

    If Someone You Know Was Injured or Died as a Result of Medical Malpractice in Ft. Lauderdale, Our Attorneys May Be Able to Help

    A lot is involved in bringing a medical malpractice lawsuit in Florida. An attorney who is experienced in handling medical malpractice cases in the state can help guide you through the process, identify expert witnesses, and ensure that your legal rights are upheld. A knowledgeable medical malpractice attorney at the David I. Fuchs, Injury & Accident Lawyer, P.A. is available for a free consultation by reaching out online.

    David I. Fuchs, Injury & Accident Lawyer, P.A. – Fort Lauderdale Office

    8 SE 8th Street
    Fort Lauderdale, FL 33316
    P: (954) noswap568-3636

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review