Menu 954-568-3636

FREE CONSULTATION | Call 954-568-3636

Medical Malpractice

South Florida Injury Attorney David I. Fuchs has over 20 years of experience in Fort Lauderdale successfully representing medical malpractice victims, their families and friends who have sustained and suffered serious bodily injuries because of the negligence of doctor, hospital or health care professional.

What is medical malpractice?

Medical malpractice occurs when a health care provider of any type violates the governing standard of care in some way while providing treatment to a patient. When this malpractice results in an injury, medical malpractice has occurred. Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose , a disease or medical condition;
  • Failure to provide appropriate treatment for a medical condition;
  • Unreasonable delay in treating a diagnosed medical condition;

Damages limits

There are limits to the damages that a claimant can receive. In most cases, the claimant is limited to $500,000.00. In cases where the plaintiff dies or is left in a vegetative state or $1 million in cases in which the plaintiff dies or is left in a vegetative state. Punitive damages follow a different set of guidelines; they are limited to the lesser of three times compensatory damages or $500,000.00. Furthermore, they are not capped if there is intent to harm.

What is the collateral source rude?

The collateral source rule was put in place to protect the plaintiff in the event that its own insurance company or other source compensates them for their injury. Defendants in this case are not permitted to use such evidence in an attempt to reduce their own liability. The state of Florida has enacted a binding offset for collateral source payments except for those sources with subrogation rights.

Expert witness rules

Aside from cases where negligence is obvious, it is often necessary to utilize expert testimony to prove liability in a medical malpractice case. In these instances, it is required that the expert who is testifying be from the same field of medicine as the defendant or has been practicing for a minimum of five years prior to the claim filing date.

What is joint and several liability?

Joint and several liability is when more than one defendant is found responsible for a plaintiff's injury. In this case, each defendant is individually responsible for the amount of the judgment in its entirety.

Statute of Limitations

Medical malpractice actions must be commenced within 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than four years following the act giving rise to the injury. These limitations apply to minors aged eight or older. For injuries to a child under the age of eight resulting from medical malpractice, under Florida law the child must file suit by his or her eighth birthday or within the standard limitations period outlined above, whichever time period is greater for any damages in excess of that amount.

The statute of limitations for a medical malpractice suit is two years after the injury, or within two years of the time when the injury should have been detected. This limitation does not apply to children under the age of eight. Florida law states that a file has until its eight birthday or two years for its guardian to file a suit for medical malpractice.

Under Florida law, it is mandatory that the defendant’s insurance company commence with an informal investigation and discovery process prior to submitting a medical mal-practice claim. In response to their findings, the courts may order both parties to non-binding arbitration to work out a settlement. In the event of disagreement, mediation and settlement conferences are mandatory, thus giving both parties an opportunity to avoid court. If this cannot be accomplished, the case will proceed to trial.

Doctors who have committed three or more incidents of malpractice which involve a finding of medical malpractice by a court, administrative agency, or binding arbitration are not legally able to receive licensing in the state of Florida.

Fort Lauderdale injury lawyer David I. Fuchs will represent you for injuries that include, but are not limited to:

  1. Injuries requiring surgery, sutures, staples
  2. Traumatic Brain Injury, including those caused by oxygen deprivation
  3. Severe burns resulting in significant and permanent scarring
  4. Mental anguish and emotional distress and death

If you suspect that you, a family member or friend have been the victims of medical negligence, it is important to seek legal counsel to protect your legal rights by calling Attorney David I. Fuchs who will take your call and speak with you immediately about medical malpractice case. Fort Lauderdale personal injury lawyer David I. Fuchs will then stand ready to fight for you to see that you get compensation for your pain and suffering, any lost wages and medical bills.

Call Fort Lauderdale attorney David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your accident case. You may also write to  David I. Fuchs by filling out the form on the “Contact Us” page.”

If you cannot stop by our Fort Lauderdale facilities,  injury attorney David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol.

Llame David Fuchs Florida abogado de negligencia médica.

Free Consultation Same Day Response

Talk To Me Personally

Se Habla Español

Call 800-570-2858

Talk to David Fuchs Personally, Se Habla Espanol

Hear What Our Clients Have To Say

I had a wonderful experience with David Fuchs. The lawyer included me into the whole journey of my settlement. He thoroughly explained everything and made sure I had a clear understanding of what I was getting myself into. The staff was super friendly and welcoming in the office and on the phone. I would recommend this office to family, friends, associates, and any who needs help in this particular field. Job well done!

Post Your Review