Medical Malpractice Attorneys
Seeking Justice for Patients & Their Families
Doctors, nurses, hospitals, and other healthcare providers have a responsibility to their patients. They must provide a level of care that meets the generally accepted standards of the industry. This means providing prompt, correct diagnoses, treating conditions in a timely manner, and making the appropriate referrals and recommendations to patients. Failure to abide by the standard of care is known as medical malpractice and can lead to serious patient injury and, in the worst cases, death.
If you or someone you love has been harmed by a medical provider’s substandard care, you could be entitled to compensation for your damages. At Fischer Redavid PLLC, our medical malpractice attorneys hold negligent doctors, nurses, hospitals, emergency rooms, and other care providers accountable for the immense harm they cause. We have recovered millions of dollars in compensation for our clients; learn how our team can fight for you and the justice you deserve.
Refer a case today
You can get in touch with us via our online contact form or by calling (954) 860-8434
What Is Medical Malpractice?
All healthcare providers—including individual providers, like doctors and nurses, as well as healthcare facilities, such as hospitals—are required to adhere to certain protocols and healthcare standards. Together, these protocols and standards are known as “the standard of care.” The standard of care is essentially the level of care that another qualified healthcare provider would provide in the same or similar circumstances.
It is important to note that there are different standards of care, even within the healthcare industry. For example, a general practitioner is held to a different standard of care than an emergency room nurse, who must make fast, important decisions in a hectic, high-stress environment. While both must provide an acceptable level of care, the level of care accepted in these situations is different.
Examples of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to uphold the standard of acceptable care.
Some examples of medical malpractice include:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Delayed treatment
- Failure to treat
- Improper treatment
- Medication errors
- Surgical errors
- Unnecessary surgery
- Birth injuries
- Failure to obtain informed consent
- Anesthesia errors
- Improper triage
- Failure to obtain patient’s blood type
- Failure to protect against infectious disease
- Failure to warn of possible risks/complications
These are just some of the most common examples of medical malpractice, but other types can occur. If you were harmed or if your loved one tragically passed away, and you suspect the negligence of a hospital or healthcare provider is to blame, reach out to Fischer Redavid PLLC right away to speak to our medical malpractice lawyers about your legal rights.
How to Prove Negligence in a Medical Malpractice Claim
To succeed in a medical malpractice claim, you generally need to prove several key elements, which may vary depending on the specific laws and regulations in your jurisdiction.
However, the following elements are typically required:
- Duty of Care: You must establish that a doctor-patient relationship existed, and the healthcare provider owed you a duty of care. This duty of care means that the healthcare professional had a responsibility to provide you with a certain standard of care.
- Breach of Standard of Care: You must show that the healthcare provider breached the standard of care owed to you. This typically involves demonstrating that the provider's actions or omissions deviated from what a reasonably competent healthcare professional in the same field would have done under similar circumstances.
- Causation: You need to prove that the healthcare provider's breach of the standard of care was the proximate cause of your injuries. In other words, you must establish a direct link between the provider's actions and the harm you suffered.
- Damages: You must show that you suffered actual damages or harm as a result of the healthcare provider's negligence. These damages may include physical pain, mental anguish, medical expenses, lost wages, or other economic and non-economic losses.
In most medical malpractice cases, expert testimony is crucial. You will typically need a qualified medical expert to testify about the standard of care, the breach of that standard, and the connection between the breach and your injuries. These experts help the court and the jury understand complex medical issues.
In some situations, medical malpractice claims may involve a failure to obtain informed consent from the patient. To succeed in such cases, you must show that the healthcare provider did not adequately inform you of the risks, benefits, and alternatives to a medical procedure and that you would have made a different decision if properly informed.
Who is Liable for Medical Malpractice?
Medical malpractice liability can extend to a variety of healthcare professionals and entities, depending on the circumstances of the case.
The following are some of the individuals and organizations that can be held liable for medical malpractice:
- Physicians and Surgeons: Doctors are often the primary targets of medical malpractice claims. They can be held liable for mistakes in diagnosis, treatment, surgery, and prescribing medication.
- Nurses: Registered nurses, nurse practitioners, and licensed practical nurses can be held liable if they fail to provide a reasonable standard of care, such as administering medications incorrectly or not properly monitoring a patient's condition.
- Hospitals: Hospitals can be held liable for the actions of their employees, including doctors and nurses. They may also be held responsible for issues related to inadequate staffing, subpar policies and procedures, and the maintenance of equipment and facilities.
- Pharmacists: Pharmacists can be liable for dispensing the wrong medication or incorrect dosages, as well as failing to warn patients about potential drug interactions or side effects.
- Anesthesiologists: These specialists can be held liable for errors in administering anesthesia during surgery or for failing to properly monitor a patient's vital signs.
- Specialists: Medical specialists, such as radiologists, pathologists, and cardiologists, can be sued if they make errors or fail to meet the standard of care in their specific area of expertise.
- Nurse Anesthetists: Certified registered nurse anesthetists can be held responsible for errors in administering anesthesia or failing to monitor a patient's condition during a procedure.
- Midwives: Certified nurse-midwives and other midwives can be liable for birth-related injuries or complications if they fail to provide appropriate care during childbirth.
- Dentists: Dentists can face medical malpractice claims for errors in dental procedures, including surgery, extractions, or orthodontic treatment.
- Psychiatrists and Psychologists: Mental health professionals can be held liable for errors in diagnosis, treatment, or failure to prevent harm to patients.
- Nursing Homes and Long-Term Care Facilities: These facilities can be sued for neglect or abuse of residents, including issues related to inadequate care, medication errors, or failure to provide a safe environment.
- Medical Device Manufacturers: Manufacturers of medical devices can be held liable if their products are found to be defective and cause harm to patients. This may result in product liability claims.
How a Medical Malpractice Attorney Can Help
These are very complex legal matters; going up against a powerful healthcare provider takes an in-depth understanding of the law and significant resources, as well as a dedication to obtaining justice for injured patients and their families. Our medical malpractice attorneys not only have what it takes to effectively pursue these cases but also have a long, proven track record of success in medical malpractice and negligence litigation.
We are here to help you with every aspect of your case, from gathering evidence and building a persuasive claim to communicating with opposing counsel and working to negotiate a fair settlement. If necessary, we are fully prepared to take your case to trial. Our team has decades of collective experience and a reputation for providing aggressive client advocacy, both in and out of the courtroom. As your legal team, we will fight for you every step of the way.
We intentionally limit our caseloads to better provide every client with the personal attention and service they deserve. When you choose Fischer Redavid PLLC, you will work directly with a team consisting of your attorney and a paralegal dedicated to your case. You will retain access to your legal team and can expect to receive consistent communication throughout the legal process.
Refer a case today
You can get in touch with us via our online contact form or by calling (954) 860-8434
Damages in Medical Malpractice Claims
Medical malpractice and negligence often lead to serious bodily injury, worsening illnesses, and death. Victims and their loved ones face significant physical, financial, and emotional challenges, ranging from costly medical bills for additional treatment to weeks or months of lost income due to time taken off work to heal. Collectively, these economic and noneconomic losses are known as “damages,” and by filing a medical malpractice claim, you can seek compensation to help offset their costs.
While every case is different, many plaintiffs in medical malpractice claims seek compensation for the following types of damages:
- Medical expenses related to treating new injuries, worsened conditions, etc.
- Loss of earning ability and future income due to permanent injury, disfigurement, or impairment
- Lost income, wages, and employment benefits
- Physical and mental pain and suffering, including emotional distress
- Miscellaneous out-of-pocket expenses, such as in-home assistance or care
- Punitive, or exemplary, damage (in certain instances)
We strive to maximize our clients’ recoveries, allowing them to recoup their losses and begin to move forward with their lives. At Fischer Redavid PLLC, we understand just how difficult this time is for you and your family, which is why we offer highly personalized and compassionate legal services tailored to your unique situation.
