Fort Lauderdale Medical Malpractice Lawyer

What Is Medical Malpractice?

Medical malpractice spans a very broad range, including improper medical care, injuries, and compensable damages. It could involve a nick from a surgeon’s knife that causes a minor injury or the amputation of the wrong limb of a patient. It might also entail a physician’s failure to diagnose cancer, or it may involve ordering the wrong tests to determine whether a patient has an autoimmune disorder. 

Simply put, medical malpractice is when a medical professional’s negligence causes an injury to a patient. This can happen anywhere that professional medical care is given, such as a:

• Hospitals
• Emergency rooms
• Urgent care centers
• Private doctors’ offices and clinics
• Surgical centers and outpatient facilities
• Pharmacies and mail-order pharmacies
• Nursing homes and assisted living facilities
• Rehabilitation and physical therapy centers
• Diagnostic centers and imaging labs
• Mental health facilities and behavioral clinics

It’s important to note that just because a medical procedure or surgery failed to have a positive outcome or the outcome you anticipated, that does not mean that you have a medical malpractice case. To have a valid claim, there must be negligence and other legal elements. If your injuries or health condition are a result of a doctor’s error or poor judgment, you may have a basis for legal action.

Specifically, healthcare providers must offer a standard of care that other medical professionals in their field would reasonably be able to render. When medical professionals fail to meet this standard of care, it can put patients at serious risk of harm.

Common Medical Mistakes a Fort Lauderdale Medical Malpractice Attorney Handles

The following are common medical mistakes that often result in medical malpractice:

• Misdiagnosis: Failure to diagnose an illness is a common medical mistake. The most commonly misdiagnosed conditions are stroke, cancer, and heart attacks. The failure to properly diagnose life-threatening conditions can have devastating consequences and cause catastrophic injuries.
• Surgical errors: More frequently than you might expect, surgical teams leave tools or sponges inside the body during surgery, or they operate on the wrong body part.
• Failure to treat: This error occurs when the doctor correctly diagnoses a condition but fails to treat it in accordance with the acceptable standard of care for that condition. Lack of follow-up care or discharging a patient too soon can make conditions worse and lead to injuries.
• Birth injuries: Many medical malpractice claims are against OB/GYNs for childbirth-related medical mistakes. Those mistakes can result in serious conditions, such as shoulder dystocia, spinal cord injuries, and cerebral palsy.
• Prescription drug errors: Medical malpractice can occur when doctors make errors in prescribing the wrong medication and provide incorrect dosing and administration instructions of prescription drugs. Other drug errors include prescribing drugs that have negative interactions with each other.

How Does a Fort Lauderdale Medical Malpractice Lawyer Prove My Case?

In Florida, there are four basic elements to a medical malpractice case:

• “Duty” means that the medical professional has a relationship with the plaintiff (i.e., the harmed patient) and therefore owes him or her a duty to act appropriately. The duty of the medical professional is to act within the standard of care.
• “Breach” means that the medical professional violated the duty owed to the patient — that is, he or she did not act within the requisite standard of care.
• “Causation” means that the doctor or other healthcare professional caused or contributed to the patient’s harm.
• “Damages” means that, because of the doctor’s failure to meet the standard of care, the patient suffered harm.

Who Can a Medical Malpractice Lawyer in Fort Lauderdale Hold Responsible?

Many people think you can only sue a doctor, but anyone licensed to provide healthcare can be held liable.

Depending on what went wrong, responsible parties may include:

• Hospitals and medical systems, such as Broward Health Medical Center or Memorial Regional, especially when unsafe policies, poor staffing, or communication failures play a role.
• Physicians, including primary care doctors, surgeons, anesthesiologists, emergency room doctors, and on-call specialists.
• Nurses and physician assistants, who are often responsible for monitoring patients, administering medication, and reporting changes in condition.
• Urgent care centers and walk-in clinics, where rushed treatment or incomplete evaluations can lead to serious errors.
• Pharmacies and pharmacists, when the wrong medication, dosage, or instructions are provided.
• Medical specialists, such as cardiologists, neurologists, radiologists, and OB/GYNs, whose opinions and interpretations directly affect patient outcomes.

How Soon Should I Contact a Fort Lauderdale Malpractice Lawyer?

In Florida, the statute of limitations period is currently two years after the injury occurred or after you should have noticed the injury. Sometimes, a patient doesn’t learn about an injury until several years after it occurred, which may happen when a doctor leaves a sponge, gauze, surgical instruments, broken screws, or other items inside a body cavity. If there is a delay in the discovery of malpractice, the patient may have four years to pursue a case under limited circumstances.

Florida law does have a “fraud” exception to the statute of limitations. If there is fraud or any attempt by the medical professional to conceal or intentionally misrepresent any facts related to the injury, the period of limitations is extended to two years from the time it is discovered. Please note that in cases involving minor children under the age of eight, the statute of limitations may be longer, and the lawsuit may be brought before their eighth birthday.

What Types of Compensation Can a Medical Malpractice Attorney in Fort Lauderdale Help Me Recover?

Florida law allows injured patients to pursue damages that reflect both the financial costs and the personal impact of medical negligence.

In a Fort Lauderdale medical malpractice case, damages are decided by a jury after hearing the full story of what the mistake changed in your life. These damages generally fall into two categories:

Economic damages cover the out-of-pocket losses tied directly to the injury, including:

• Past and future medical treatment, surgeries, medications, and rehabilitation
• Follow-up care or long-term medical needs caused by the error
• Lost income if your injury keeps you from working or your injury limits the type of work you can do
• Reduced earning ability when an injury affects your long-term career
  

Non-economic damages address the human cost of medical negligence—the parts of the injury that don’t come with a receipt, such as:

• Physical pain and ongoing discomfort
• Emotional distress and mental strain
• Loss of enjoyment of everyday activities and hobbies
• Permanent scarring, disfigurement, or disability
• Strain on relationships, including loss of companionship

These losses are real, even if they’re harder to measure. An experienced Fort Lauderdale medical malpractice attorney at Osborne, Francis & Pettis works closely with medical experts, financial professionals, and your personal story to show how medical negligence changed your life. In fact, a study by Martindale-Nolo revealed that over 90% of people who worked with a lawyer received a settlement compared to only half of those who handled their case alone.

Because every injury and outcome is different, damages must be evaluated carefully. A focused review of your case can help determine what recovery may be available based on your specific circumstances. To get started, call (561) 293-2600 or fill out our online form to schedule a free case review today.

Process of a Medical Malpractice Case in Fort Lauderdale

Medical malpractice claims in Fort Lauderdale follow a very specific process under Florida law. These cases are not rushed, and each step is designed to confirm whether negligence occurred and who should be held responsible. Understanding the process can help you know what to expect from the start.

1. Case Review and Medical Investigation

Every case begins with a careful review of your medical records. Our team gathers records from hospitals, doctors, and other providers involved in your care. Qualified medical professionals then review those records to determine whether the treatment fell below accepted medical standards and whether that mistake caused your injury.

2. Pre-Suit Notice and Expert Support

Florida law requires injured patients to formally notify the healthcare provider before filing a lawsuit. This notice outlines the claim and is supported by a written opinion from a qualified medical expert. Once the notice is sent, the provider and their insurance company have time to investigate the claim themselves.

3. The 90-Day Investigation Period

After receiving notice, the healthcare provider has 90 days to respond. During this period, the claim may be denied, a settlement may be discussed, or both sides may exchange additional information. Many Fort Lauderdale medical malpractice cases resolve during this phase, but only if the offer reflects the seriousness of the harm.

4. Filing the Lawsuit and Discovery

If the case does not resolve during the pre-suit phase, a formal lawsuit is filed. Both sides exchange evidence, question witnesses under oath, and consult experts. This stage often reveals key details about how and why the medical error occurred.

5. Settlement Negotiations or Trial

Some cases settle before trial once the full scope of the evidence is clear. If a fair resolution is not offered, our Fort Lauderdale lawyers for medical malpractice team prepares to present the case to a jury. From start to finish, the focus remains on accountability and telling the full story of how the negligence caused harm.

How Comparative Fault Works in Fort Lauderdale Medical Malpractice Cases

Unlike most other personal injury claims, where being more than 50% at fault under Florida Statutes § 768.81 can block recovery, medical malpractice victims can still recover damages regardless of their share of responsibility. Even after House Bill 837 in 2023, which limited recovery for many personal injury claims, medical malpractice cases remain exempt from the 50% threshold.

To succeed, a lawyer must show that:

• The provider had a duty of care to treat you properly.
• The provider breached the standard of care expected in their field.
• The breach directly caused your injury, even if other factors played a role.
• You suffered measurable losses, including financial, physical, or emotional harm.

If the patient’s actions contributed to the injury, their damages are reduced by that percentage. Examples include:

• Not following a doctor’s instructions or taking prescribed medication.
• Missing follow-up appointments or ignoring referrals.
• Leaving out important medical information, like allergies or prior conditions.
• Misreporting how an injury occurred or aggravating a medical condition.

Don’t let insurance companies or medical facilities downplay your claim. An experienced Fort Lauderdale medical malpractice attorney at Osborne, Francis & Pettis will focus on the provider’s negligence, not minor or unrelated patient actions. We investigate every detail of your care, consult medical and financial experts, and craft a strategy to protect your rights. 

Whether negotiating a settlement or taking your case to court, we make sure your share of responsibility does not unfairly limit your recovery. Call us today at (561) 293-2600 or fill out our online form for a free case review and take the first step toward holding negligent providers accountable.

What Types of Evidence Will Fort Lauderdale Lawyers for Medical Malpractice Use in My Case?

To succeed in a medical malpractice claim, we must gather the right evidence to clearly show what happened and how it harmed you. Key types of evidence include:

• Detailed Medical Records: These document the care you received, showing exactly what the doctor or medical staff did or failed to do.
• Expert Affidavits and Testimony: Statements from qualified medical professionals confirm whether the care you received met the standard expected in your situation.
• Diagnostic Test Results: X-rays, lab results, MRIs, or other tests help show how the injury or condition developed and the effects of medical errors.
• Healthcare Policies and Regulations: Hospital or clinic protocols, along with state or federal regulations, can establish what the provider is required to do.
• Prescription and Medication Records: These show whether proper medications were prescribed, administered, or monitored.
• Financial Documentation: Bills, pay stubs, and receipts demonstrate losses from medical expenses and missed work.
• Personal Testimony and Witness Statements: Your account of how the injury affected your daily life, along with testimony from family, friends, or caregivers, helps jurors understand the real-world impact.
• Video or Photographic Evidence: When available, images or recordings can clearly show errors, injuries, or improper procedures.

Proudly Representing Fort Lauderdale Residents