Florida Medical Malpractice Attorneys

Doctors, nurses, hospitals, and other healthcare providers have a responsibility to ensure their patients receive proper care. In fact, they are held to something known as the “acceptable standard of care,” which dictates that medical professionals must not take any action or commit any omission that another qualified provider would not have in the same or similar circumstances.

When healthcare providers fail to uphold this acceptable standard of care, patients can experience disastrous or even deadly consequences because of medical malpractice.

Medical Malpractice Attorneys Proudly Serving Florida for 25+ Years

When you see a doctor, you have the right to expect a certain level of treatment and care. If you were injured or if your loved one died, and you believe a medical professional’s error, negligence, or omission is to blame, contact Zimmerman & Frachtman, P.A. Since 1994, our Florida medical malpractice attorneys have been fighting tirelessly for the rights of victims and their families. To date, our firm has secured more than $300 million for our clients. We understand complex medical malpractice laws, and we have what it takes to aggressively advocate for you and your recovery.

Call Zimmerman & Frachtman, P.A. at (954) 504-6577 or contact us online to schedule your free consultation with one of our FL medical malpractice attorneys today. 

What Is Medical Malpractice in FL?

In the simplest terms, medical malpractice occurs when healthcare providers fail to uphold the acceptable standard of care. This means they either did something another qualified medical provider would not have done or failed to do something another provider would have when treating a patient in the same or similar circumstances.

It should be noted that this does not mean medical providers can be held liable simply because a patient does not get better with treatment. A poor outcome does not necessarily indicate malpractice. Rather, the patient (or their surviving family members) must be able to prove that the healthcare provider was somehow negligent or provided substandard care, leading to the patient’s injuries and/or death.

Some common examples of medical malpractice include:

• Anesthesia errors
• Birth injuries
• Early discharge
• Failure to obtain informed consent
• Failure to treat
• Failure to warn
• Hospital and emergency room errors
• Medication errors, including dosage errors
• Pharmaceutical mistakes
• Poor follow-up or aftercare
• Misanalysis or misinterpretation of lab, test, or diagnostic results
• Surgical errors
• Misdiagnosis, delayed diagnosis, or failure to diagnose

Sadly, these and other forms of medical negligence can have devastating effects. Without proper treatment, patients’ conditions can worsen, leading to further complications.

Medical malpractice can result in many serious injuries, including:

• Internal bleeding
• Spinal cord injuries
• Brain injuries
• Paralysis
• Scarring

In the most tragic of cases, patients may even die as a result of poor medical care.

The Florida medical malpractice attorneys at Zimmerman & Frachtman, P.A. believe you and your loved one deserve justice for these unacceptable acts. Let us discuss your rights during a free consultation.

How Do I Know If I Have a Medical Malpractice Case in Florida?

Experiencing a poor outcome after a proceedure or treatment is not necessarily enough to qualify as medical malpractice. There are numerous reasons why a medical condition might worsen without your doctor doing anything wrong.

To be considered medical malpractice, your claim must have one of the following characteristics:

• A violation of the standard of care
• An injury caused by negligence
• The injury caused significant damages

The team of Florida medical malpractice lawyers at Zimmerman & Frachtman, P.A. can review your case to see if you have a valid claim for medical malpractice. Schedule an appointment today by calling (954) 504-6577. With offices in Naples, Boca Raton, Hollywood, and Coral Springs, we serve clients across Florida.

How Do Medical Malpractice Cases Work in Florida?

Florida has several unique rules when it comes to filing medical malpractice claims and recovering compensation for damages.

Statute of Limitations

First and foremost, the statute of limitations for medical malpractice cases is slightly different than other types of personal injury claims. You are required to begin a medical malpractice lawsuit within two (2) years of the date of injury or the date on which the injury was discovered or reasonably could have been discovered. However, you cannot file a lawsuit if more than four (4) years have passed since the date of injury, even if the injury was not discovered and could not have been discovered within four (4) years. Note that this does not apply in cases involving minors if a case is begun on or before the minor’s eighth (8^th) birthday.

Notice of Intent

Another important difference between medical malpractice claims and other personal injury cases in Florida is that you must file a notice of intent in medical malpractice cases. This notice informs the healthcare provider that you intend to file a lawsuit. It must also include an affidavit of merit, which indicates that your medical malpractice claim is valid. Once you have filed the notice of intent, the healthcare provider has 90 days to decide if they want to settle the claim. During this time, the statute of limitations is “tolled,” or put on hold.

Investigation Period

If the healthcare provider decides that they do not wish to settle the claim before the full 90 days, you have either 60 days or the remaining time allowed under the statute of limitations to file a lawsuit, whichever is longer. You may request an “investigation period,” which allows you (or your attorney) to obtain a medical expert to investigate your case. An investigation period, if granted, will extend the amount of time you have to file a lawsuit by another 90 days.

Does Florida Have a Cap on Medical Malpractice Damages?

Florida used to have several different caps on medical malpractice damages. These caps depended on the circumstances of a case and, to this day, still technically exist in the state’s medical malpractice statute. However, these caps are no longer observed in practice.

Florida’s past caps on medical malpractice damages included:

• $500,000 cap on non-economic damages in medical malpractice cases involving injury due to practitioner negligence or injury
• $1,000,000 cap on non-economic damages in medical malpractice cases involving death or patients left in vegetative states due to practitioner negligence or error
• $750,000 or $1,500,000 in medical malpractice cases involving injury, vegetative state, or death due to nonpractitioner error or negligence

In 2017, the Florida Supreme Court found these caps to be unconstitutional. As a result, they generally do not apply in most medical malpractice cases in the state.

What Should You Do If You Suspect You or a Loved One Is the Victim of Medical Malpractice?

It can be very difficult to tell when an injury or a loved one’s death was the result of medical negligence. If you suspect that you or someone you care about received substandard care from a healthcare provider, we encourage you to reach out to our team at Zimmerman & Frachtman, P.A. for a free, no-obligation consultation with an experienced medical malpractice lawyer in Florida. Not only do our attorneys know the law, but they also have a proven record of success handling complex medical malpractice cases. Our team has recovered several significant settlements and verdicts, including results over $1 million, in multiple high-profile cases.

Medical malpractice claims are some of the most complicated and challenging types of personal injury cases. We strongly advise you to seek the help of a skilled legal team, one that can walk you through your options and protect your rights throughout the legal process. Although every case is different, and there is no way to guarantee an outcome, it’s important to work with a lawyer who has a history of success in this area of law. Skilled Florida medical malpractice attorneys can draw on past cases and work with a team of experts to ensure the best possible chance of success.

Can Cruise Ships Be Held Liable for Medical Malpractice?

A decision has been made recently by the U.S. Court of Appeals of the 11th Circuit, which has ruled that cruise ships be held liable of any negligence and malpractice of its on board health care providers. In the past, ships have been granted immunity in regards to liability under maritime law, but things have shifted after a case involving an elderly man falling and injuring his head while on a cruise. It was reported that the health care providers on the ship were so negligent that it ultimately resulted in the man’s death, which caused the suit to be filed.

Although ships in the past have had immunity, which has led to carelessness due to a lack of responsibility, this case has reversed this legal situation. Typically cruise ships will hire outside medical staff to deal with injuries and situations on board their ships, but in this case the members of their health care department were actually members of the cruise line.

The court held that the cruise line should therefore be held liable for the negligence that they inflicted upon the man. Furthermore, even if the members of the medical staff were not in fact members of the actual cruise line, they should still be held liable due to the fact that they were dressed as members of the cruise line staff and appeared to be a part of the cruise line. 

Despite not deciding whether the crew on the cruise line handled the situation with negligence, the court came to the conclusion that they can be held liable for how the cruise line staff handled the situation. By making this decision, the courts decided not to go with the Barbetta rule.

Few people know that when you step on a cruise ship you don’t have the medical expertise that would be expected, but this court decision has made a big impact. Due to this court ruling, it will be much easier to be treated justly and fairly while aboard a cruise ship and to have the ability to hold a cruise line accountable if they are operating with malpractice and negligence. 

At the Zimmerman & Frachtman law firm, we take injuries very seriously. If you have been injured aboard a cruise ship and believe it may be from negligence or malpractice, do not hesitate to contact us so we can fight to win your case.

Choosing the Right South Florida Medical Malpractice Attorney

When someone is a victim of medical malpractice their first step in seeking redress is generally to consult an attorney that will handle their case for them. The representing attorney will consult with medical experts concerning the victim’s treatment and injuries before proceeding with a case filing.

The medical malpractice attorney will then file a complaint against the offending healthcare professional to initiate a lawsuit. During this time before the case goes to trial the healthcare professional, and any witnesses, will be questioned regarding information related to the treatment and injuries received. Frequently such cases may be settled without ever going to court. If a settlement offer is made, the victim’s attorney can provide perspective as to whether or not it is just compensation for the extent of the damage and suffering caused. Such a settlement offer is generally open to negotiation if it is not satisfactory. If a settlement is not reached the case will proceed to trial before a jury that will decide fault.

As members of the community, our FL medical malpractice lawyers and staff at Zimmerman & Frachtman, P.A. are dedicated to improving the lives of all Florida residents and ensuring that negligent healthcare providers and other parties are made accountable for the pain, suffering, and harm they cause. We offer compassionate, client-centered service based on trust, integrity, and accessibility. We believe that communication is the cornerstone of a successful client-attorney relationship, which is why we make ourselves readily available to our clients when they need us most.

There are no upfront or out-of-pocket costs when you hire our firm. Instead, our medical malpractice attorneys in Florida only get paid if you do. If we do not secure a settlement or verdict on your behalf, you do not pay us a dime.

Contact us online or call (954) 504-6577 today to set up a complimentary consultation with one of our medical malpractice attorneys in Florida.

FL Medical Malpractice FAQ

Suffering from medical malpractice? Call us at (954) 504-6577 today or contact us online to learn more, including how our FL medical malpractice lawyer can help you fight for the justice you deserve.