Medical malpractice is the occurrence of a medical professional harming a patient when he or she does not execute his or her medical duties competently. Examples of harm include personal or medical device injury or wrongful death.
You Have the Right to File a Compensation Claim for Your Losses
The State of Florida enacts specific laws that govern a medical malpractice claim in civil court. If a doctor or medical facility caused you or a loved one to sustain injuries, speaking with a Fort Lauderdale medical malpractice lawyer will help you understand your options.
Contact a Fort Lauderdale Medical Malpractice Attorney Today
By leveraging our knowledge and ability to negotiate, you can effectively file a claim for your financial, physical, and emotional losses. At Hancock Gaeta, P.A., we have strong subject-matter knowledge and experience in litigating medical malpractice cases in Florida.
Our legal team members invite you to contact us for an initial case assessment today by calling 954-281-2231 or sending us a message through our online request form.
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Hancock Gaeta, P.A. Helps Injured Patients in Florida
The area of medical malpractice is broad since every person, condition, and medical provider is different. However, there are a few common types of medical malpractice that signal a medical professional failed to meet the medical care standard.
Hancock Gaeta, P.A., can help you negotiate or file a case under the following conditions:
- Missed or delayed diagnosis
- Surgical errors
- Prescription errors
- Emergency room errors
- Anesthesia mistakes
- Birth injuries
- Medical device errors
- Dental malpractice
- Wrongful death
- And more
While the above-referenced cases are not limited to descriptions above, the primary theme is that your medical provider neglected to meet the care standard in the field of medicine and under Florida statutes. Your Fort Lauderdale medical malpractice lawyer can help you establish the elements of a medical malpractice claim.
If you have concerns regarding your medical malpractice case, you can contact Hancock Gaeta, P.A. for an initial assessment for more information. Request yours today by calling our office at 954-281-2231 or sending us a message through our online request form.
Elements that Prove Your Florida Medical Malpractice Case
As previously stated, civil courts apply a specific set of rules to a medical malpractice case in a way that differs from a general personal injury case. One way in which statutes address these types of claims is by requiring them to meet the elements of medical malpractice for them to be considered actionable in court.
These are the aspects that judges use, in general, to determine if your case has grounds for actionability in court:
- Patient-doctor relationship: The patient-doctor relationship predicates a medical malpractice case. It is the foundation that sets the nature of the relationship and sets the expectation for treatment.
- Duty of care: Doctors have a medical duty of care that they must meet. The standard definition of duty of care is determining if the doctor treated or similarly diagnosed you as a medical peer for the given situation.
- Breach of duty: The next element of medical malpractice case hinges on the breach of duty of care. If your medical provider deviates from that standard, it can lead to injuries or death.
- Causation: An injury caused by a breach in the duty of care is causation in the eyes of Florida laws. If your doctor breached the duty of medical care but did not cause injuries, you do not have a medical malpractice case.
- Damages: Damages is the legal term for financial losses. Your injuries must cause you to incur expenses for treatment related to your injuries or your loved one’s death.
It is for this reason that seeking immediate medical attention is critical to your case. Not only does it protect your health, but it also creates the initial paper trail of your medical malpractice injuries.
Understanding medical malpractice actionability elements are one of the most challenging aspects of injured patients. Instead of focusing on your health, litigating a case in court detracts from your ability to heal due to the mental and emotional stress it incurs.
The Advantage of Working with a Caring and Knowledgeable Legal Team
When you work with Hancock Gaeta, P.A., you do not have to worry about the aspects of negotiating and fighting for your rights to compensation. Medical providers have attorneys that they work with regularly and consider these types of claims to be a hazard of conducting business in this field.
They have creative ways with their teams of experts who will work to fight every allegation point-for-point. Find out how our Fort Lauderdale medical malpractice lawyers can help you receive the compensation you deserve.
You can request an initial consultation with the Hancock Gaeta, P.A. legal team by calling our office at 954-281-2231 or sending us a message through our online request form.
Financial Compensation Is Available for Florida Medical Malpractice Cases
You can receive monetary compensation for your out-of-pocket medical expenses and emotional harm through negotiations with the medical facility’s insurer or under litigation proceedings in civil court. In cases where the doctor intentionally caused you harm, you may also receive an additional punitive award.
Hancock Gaeta, P.A. is ready to gather evidence and uncover every opportunity for recovery related to your medical malpractice case in the following areas:
Economic damages are your measurable, direct out-of-pocket expenses and include items like medical costs, lost wages if you missed work, physical and psychological therapy, travel to doctors’ appointments, and more.
The State of Florida does not place a limit—or damage cap—as to how much you can receive for economic damages from a medical malpractice claim. Our Fort Lauderdale accident lawyers will track all of the expenses and request compensation for them in your claim.
Understanding the nature of non-economic damages is one aspect that makes it more challenging to estimate them since they are not readily observable using direct, empirical evidence. They include elements like anguish, physical pain, mental anguish, emotional suffering, loss of enjoyment, or the effects of wrongful death on surviving family members.
The State of Florida places a damage cap on non-economic damages. For injury or wrongful death, the maximum award is $500,000. However, if the injury results in a permanent vegetative state, then the maximum award is one million dollars.
Florida civil courts rarely award punitive damages in a medical malpractice case. They reserve them for circumstances where the medical provider intentionally caused harm or injury to the patient.
The State of Florida places a damage cap on punitive damages at a maximum of $500,000. If your case can prove intentional harm, our Fort Lauderdale medical malpractice lawyers will file the maximum allowable punitive damage request.
Our Fort Lauderdale Medical Malpractice Attorneys Assert Your Right to Compensation
You should not have to pay for the expenses and losses associated with medical malpractice. Your doctor must meet the duty of medical care, and detrimental deviations from that standard are not your responsibility to shoulder.
The legal team at Hancock Gaeta, P.A. is not afraid to negotiate a fair settlement if you or a family member suffered damages or experienced loss of life due to inadequate medical care. Find out more about your legal opportunities by calling 954-281-2231 or sending us a message through our online request form.
Florida Limits Your Time to File a Medical Malpractice Claim
Every U.S. state sets its time limits—or statute of limitations—on how long you can file a medical malpractice lawsuit. In Florida, the statute of limitations differs depending upon the circumstances of your case.
The general statute of limitations for a medical malpractice case in Florida is 2 years beginning from when the injured patient discovered or reasonably must have understood that his or her doctor caused an injury. Under no circumstances shall a medical malpractice claim occur for more than four years after the date of the injury unless the case involves a minor child.
In this situation, the parents must file a claim before the child’s 8th birthday. Even if you think you surpassed the statute of limitations, you can still speak with a Fort Lauderdale medical malpractice attorney to establish whether the deadline passed officially.
You can contact Hancock Gaeta, P.A. for more information by calling 954-281-2231 or sending us a message through our online request form.
Hiring a Fort Lauderdale Medical Malpractice Lawyer
Medical malpractice lawsuits are much different from traditional personal injury matters since they involve two overlapping aspects running concurrently with one another: medical knowledge and legal expertise.
As such, these cases are inherently challenging. Patients, who choose to hire a Fort Lauderdale medical malpractice lawyer, may want to find a legal professional with both of these skills.
You will have reassurance in knowing that Hancock Gaeta, P.A. has:
- A fundamental understanding of medicine
- The ability to navigate highly technical medical records
- A network of medical experts in which we consult
- Years of experience in questioning medical experts
- Professional anticipation of the opposing party’s actions
In addition to medical knowledge, a Fort Lauderdale medical malpractice lawyer on our team can help you to pursue your claim by executing following negotiation and litigation strategies:
- Collecting all forms of relevant evidence to support your case
- Reviewing documentation received to establish the elements of your claim
- Determining the value for your financial, emotional, and physical losses
- Asserting your fundamental legal rights as you proceed
- Identifying all parties who are liable for your medical malpractice injuries
- Meeting the standards outlined in the Florida Rules of Court Procedure
The strength of your case hinges upon your attorney’s ability to prove a causal link even when the facts and evidence are on your side vehemently. At Hancock Gaeta, P.A., our Fort Lauderdale medical malpractice lawyers can establish, negotiate, present and explain the evidence that insurers, judges, or jury members need to prove your case and receive an award for compensation.
We Take Florida Medical Malpractice Cases on a Contingency Fee Basis
If you are wondering what it takes to fund a medical malpractice case, you are not alone in this aspect. Let Hancock Gaeta, P.A. put your mind at ease by sharing that we take personal injury, medical malpractice, and wrongful death cases on a contingency fee basis in almost every situation.
A contingency fee arrangement means that we do not ask for a retainer upfront. Instead, we only recuperate our legal fees and costs if we win your case and collect your court award by taking a reasonable percentage from the total.
Litigating a medical malpractice case is expensive. When you hire us to manage your case, we will fund the necessary expenses, including:
- Court filing fees
- Expert testimony
- Administrative costs
- And other necessary legal expenses
The stress of physical and emotional healing is enough without trying to come up with the costs of filing a medical malpractice case. Our Fort Lauderdale medical malpractice lawyers understand this concept, which is why we use an alternative form of payment.
Plus, you will have confidence in knowing that our compensation is based on measurable results. Aside from money, it is our mission to ensure that inadequate medical providers understand that their actions have consequences that affect Florida citizens.
Contact Hancock Gaeta, P.A. for More Information
If you are considering file a medical malpractice claim, contact Hancock Gaeta, P.A. today. We can help you establish what to expect from the negotiation or claims process while determining how much you might be able to receive compensation.
While money does not make up for your injuries entirely, it does ensure that your bills while providing for you and your family’s emotional and physical losses. For patients who are unable to travel due to their injuries, we will even visit you or use convenient modes of communication so that you have all the tools necessary that make sense for your situation.
Contact a Fort Lauderdale accident lawyer on our team for an initial case assessment by calling 954-281-2231 or sending us a message through our online request form.