Understanding Medical Malpractice and Your Right to Legal Action

Medical malpractice lawyers help victims of healthcare negligence secure compensation for injuries caused by substandard medical care. If you or a loved one has been harmed by a medical error in Florida, these specialized attorneys can investigate your claim and fight for the compensation you deserve.

Key facts about medical malpractice claims:

• Medical errors are a leading cause of death in the U.S., with over 250,000 incidents annually.
• Florida has a 2-year statute of limitations from the date of findy, with a 4-year maximum.
• Plaintiffs win only 23% of medical malpractice trials, highlighting the need for expert legal help.
• A pre-suit investigation with a medical expert’s opinion is required before filing in Florida.

When a healthcare provider’s negligence betrays your trust, the consequences can be devastating, from mounting medical bills and lost income to immense pain and suffering. You have the right to hold them accountable.

However, these cases are notoriously complex. Hospitals and insurance companies have powerful legal teams dedicated to denying claims. Without skilled representation, victims rarely receive the compensation they are owed.

At DiStefano Law LLC, our experienced medical malpractice lawyers have spent over 40 years representing victims across South Florida. We have secured millions for our clients by navigating the medical and legal complexities of these cases, and we are ready to fight for you.

What Constitutes Medical Malpractice?

When a medical professional’s actions—or inactions—cause you harm, it may be medical malpractice. It’s not just about a bad outcome; it’s about negligence that leads to a new injury or worsens an existing condition.

To prove medical malpractice, we must establish four key elements:

1. Duty of Care: A doctor-patient relationship existed, creating a professional responsibility to provide careful treatment.
2. Breach of Duty: The provider failed to meet the accepted standard of care, making a mistake a competent professional would not have.
3. Causation: The provider’s mistake directly caused your injury or worsened your condition.
4. Damages: You suffered actual harm, resulting in measurable losses like medical bills, lost wages, and pain and suffering.

Understanding these elements is crucial. For more detailed information, visit our main page on medical malpractice.

The “Customary Standard of Care” Explained

At the heart of every claim is the “customary standard of care.” This is the level of skill and care that a reasonably competent healthcare professional, with similar training, would have provided in the same situation. It is specific to the medical specialty and your health condition. A bad outcome alone isn’t malpractice. The harm must result from a provider’s failure to meet this standard. Our medical malpractice lawyers work with medical experts to determine if the standard of care was breached.

Common Types of Medical Malpractice

Medical errors can take many forms. Our medical malpractice lawyers have extensive experience helping clients across South Florida, including Fort Lauderdale, Lauderhill, Wilton Manors, and Sunrise, with cases involving:

• Surgical Errors: Operating on the wrong body part, leaving instruments inside a patient, or causing avoidable tissue damage.
• Misdiagnosis or Delayed Diagnosis: Failing to identify a condition or taking too long to do so, which can lead to worsened health and tragic outcomes.
• Birth Injuries: Negligence during pregnancy, labor, or delivery that causes lifelong harm to a mother or baby, such as cerebral palsy.
• Anesthesia Errors: Giving the wrong dosage, failing to monitor a patient, or overlooking a patient’s medical history, which can lead to brain damage or death.
• Medication Mistakes: Prescribing the wrong drug or dosage, or errors by a pharmacy when filling a prescription.
• Emergency Room Negligence: Delayed treatment, rushed misdiagnosis, or failure to monitor a patient in a high-stress ER setting.
• Failure to Treat: Not providing necessary medical care for a diagnosed condition, allowing the patient’s health to decline.
• Lab Errors: Mistakes in handling samples or interpreting test results that lead to an incorrect diagnosis and improper treatment.
• Inadequate Hospital Policies: Patient harm resulting from a hospital’s poor policies on staffing, cleanliness, or staff credentialing.

If a healthcare provider’s action or inaction caused you harm, you may have a claim. Explore our full list of practice areas to learn more.

The Florida Medical Malpractice Lawsuit Process

Filing a medical malpractice lawsuit in Florida is a complex process. The state has some of the country’s most stringent laws, designed to filter out frivolous claims but also making it harder for legitimate victims to get justice. Having experienced medical malpractice lawyers who know Florida’s legal landscape is essential.

Time limits are critical. Florida’s statute of limitations gives you two years from the date you finded (or reasonably should have finded) the injury caused by negligence. However, Florida’s four-year statute of repose is an absolute deadline, meaning you cannot file a lawsuit more than four years after the negligent act occurred, regardless of when you finded the injury. For wrongful death cases, the limit is two years from the date of death.

Missing these deadlines means you lose your right to compensation forever. It is vital to contact an attorney immediately if you suspect negligence. Our Fort Lauderdale medical negligence attorneys have decades of experience with these challenging cases and understand what it takes to build a winning claim in Florida.

Florida’s Pre-Suit Investigation Requirements

In Florida, you cannot simply file a medical malpractice lawsuit. The state mandates a pre-suit investigation period under Florida Statute 766.203. Before filing, we must conduct a thorough investigation and obtain a verified written medical expert opinion. This expert must be a qualified professional who provides a sworn statement that there are reasonable grounds to believe the provider breached the standard of care.

Once we have this opinion, we must notify the potential defendant of our intent to sue. This triggers a mandatory 90-day waiting period before a lawsuit can be filed. During this time, both sides exchange information and may negotiate a settlement. This process is complex, and our medical malpractice lawyers know how to steer it efficiently to strengthen your case.

Typical Case Timeline and Statistics

Medical malpractice cases are not quick. While Florida courts have a guideline of 18 months from filing to trial, most cases take one to two years to resolve, with complex cases taking longer. This timeline does not include the mandatory pre-suit period.

The process is lengthy due to extensive findy, depositions, medical record reviews, and expert witness preparation. Settlement negotiations can also take months.

Statistics show the difficulty of these cases: plaintiffs win only 23% of medical malpractice trials, compared to 59% in other personal injury cases. This low win rate reflects the challenge of proving negligence to a jury. However, successful claims can result in substantial compensation. In 2018, Florida saw 948 claim payments totaling $299.46 million. These numbers underscore the need for experienced legal representation to steer the stacked deck and fight for a successful outcome.

Proving Negligence and Recovering Damages

Building a successful medical malpractice case requires proving that a provider’s actions fell below the standard of care and directly caused your injury. This process demands both medical and legal precision.

The core of proving negligence is expert witness testimony. Our medical malpractice lawyers work with qualified physicians who can review your case and explain to a jury exactly how the standard of care was breached. We also conduct a thorough review of your medical records to build a clear timeline and establish a direct link—or causation—between the negligence and your harm. Insurance companies will fight to break this link, but we counter their tactics with solid evidence and expert analysis.

Fighting for fair compensation is a battle. Learn more about how we stand up to insurance companies at our personal injury law firm in Fort Lauderdale.

What Damages Can Be Recovered?

Compensation should cover every loss you’ve suffered. Florida law allows for two main categories of damages:

• Economic damages cover your measurable financial losses. This includes all past and future medical bills, rehabilitation costs, lost wages, and compensation for a diminished ability to earn in the future (loss of earning capacity). It also covers costs for things like home modifications or assistive devices.

• Non-economic damages acknowledge the profound personal losses that don’t have a price tag. This includes your pain and suffering, emotional distress, loss of quality of life, and the impact of permanent disability or disfigurement. For families, loss of consortium compensates a spouse for the loss of companionship and support.

Our medical malpractice lawyers work with economists and life care planners to document every financial and personal impact to ensure we pursue the full compensation you deserve.

Understanding Punitive Damages in Florida

In rare cases of extreme misconduct, Florida law allows for punitive damages. As defined in Florida Statute 768.72, these are reserved for gross negligence (a conscious disregard for your safety) or intentional misconduct. The goal is not to compensate you, but to punish the wrongdoer and deter future misconduct. Examples include a surgeon operating while intoxicated or a doctor knowingly prescribing dangerous drugs for profit. While uncommon, we will pursue punitive damages when the facts support them.

Why You Need Experienced Medical Malpractice Lawyers

Attempting a medical malpractice claim alone is nearly impossible. These are among the most complex and expensive types of litigation, pitting you against powerful hospitals and insurance companies with unlimited resources and teams of defense attorneys.

Medical malpractice lawyers possess the specialized medical and legal knowledge required to interpret complex records, consult the right experts, and prove a breach in the standard of care. They also act quickly to preserve crucial evidence before it disappears.

At DiStefano Law LLC, we have spent 40 years building an extensive network of credible medical experts who are essential for a successful case. Our skilled negotiators know how to counter lowball insurance offers, and our reputation as fierce trial lawyers means they take our demands seriously. While most cases settle, we prepare every case for trial, which is the key to securing fair settlement offers. Learn more about our experienced team on our attorneys page.

What to Do if You Suspect Medical Malpractice

If you believe you’ve been harmed by medical negligence, take these steps immediately:

• Prioritize Your Health: Get a second opinion from a different doctor and transfer to a new facility if you feel unsafe.
• Request Your Medical Records: Submit a formal written request for your complete file, including all notes, test results, and billing statements.
• Document Everything: Keep a detailed journal of your symptoms, treatments, and how the injury affects your daily life. Take photos of any visible injuries.
• Do Not Speak to Insurers: Politely decline to discuss your case with hospital administrators or insurance representatives until you have legal counsel. Their goal is to protect their interests, not yours.
• Contact an Attorney Promptly: Florida’s strict two-year statute of limitations means any delay can jeopardize your right to compensation.

How Our Medical Malpractice Lawyers Can Help

When you choose DiStefano Law LLC, our team will:

• Provide a free, no-obligation case evaluation to assess your legal options.
• Conduct a thorough investigation by gathering records, interviewing witnesses, and identifying all liable parties.
• Hire highly qualified medical experts to provide opinions and testify on your behalf.
• Calculate all economic and non-economic damages to ensure we seek full compensation.
• Aggressively negotiate a fair settlement with insurance companies.
• Litigate your case in court if a fair settlement cannot be reached.

We provide personalized, compassionate service, keeping you informed every step of the way.

Frequently Asked Questions about Medical Malpractice

Will my medical malpractice case go to trial?

Probably not. Most medical malpractice cases settle before trial. Insurance companies prefer to avoid the expense and uncertainty of a jury verdict. However, they only offer fair settlements when they know your attorney is willing and able to win in court. Our medical malpractice lawyers prepare every case for trial, which puts you in the strongest possible negotiating position. The final decision to accept a settlement or go to trial is always yours.

Can I sue for malpractice if I signed a consent form?

Yes. Signing a consent form does not give a doctor permission to be negligent. A consent form acknowledges that you understand the known risks of a procedure. It does not protect a provider from liability if they make a careless mistake, operate on the wrong body part, or otherwise act negligently in a way that falls below the standard of care. If the provider failed to disclose significant risks or performed a procedure you didn’t agree to, you may also have a claim.

How much does it cost to hire a medical malpractice lawyer?

At DiStefano Law LLC, we handle all medical malpractice cases on a contingency fee basis. This means you pay no upfront fees or out-of-pocket costs. We cover all expenses related to investigating and litigating your case. We only get paid if we win a settlement or verdict for you. Our fee is a percentage of the recovery. This arrangement ensures that everyone has access to justice, regardless of their financial situation. Your initial consultation is always free.

Get the Justice and Compensation You Deserve

When a medical error turns your life upside down, you need serious legal expertise. Medical malpractice cases in Florida are an uphill battle, with complex laws, short deadlines, and powerful opposition. This is not a fight you should face alone.

At DiStefano Law LLC, our medical malpractice lawyers have spent over 40 years fighting for victims of healthcare negligence across South Florida. We have secured millions in compensation for families, combining deep medical knowledge with proven legal skill to take on even the most challenging cases.

We offer personalized, compassionate service because we understand the person behind the case. We will listen to your story and develop a strategy custom to your needs.

The clock is ticking on your right to seek justice. Florida’s strict statute of limitations requires immediate action to preserve your claim. Don’t let intimidation or complexity prevent you from getting the compensation you deserve for medical bills, lost wages, and pain and suffering.

If you suspect you or a loved one was harmed by medical negligence, act now. Contact us for a free consultation to discuss your case with our experienced medical malpractice lawyers. There is no obligation and no fee unless we win your case.

Learn more on our comprehensive medical malpractice services page. Let us fight to hold negligent providers accountable and secure the compensation you need to move forward.