Hollywood, FL Medical Malpractice Lawyer | Hollywood Medical Malpractice Attorneys

Filing Personal Injury and Wrongful Death Claims Against Medical Providers in Hollywood, Florida

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the profound impact that medical malpractice can have on individuals and families. When healthcare providers fail to meet the standard of care, the consequences can be devastating, leading to serious injuries or even the wrongful death of a loved one. In Hollywood, Florida, we are committed to helping victims of medical malpractice seek justice and hold negligent providers accountable.

If you need legal assistance with a medical malpractice personal injury or wrongful death claim, contact Flanagan & Bodenheimer Injury and Wrongful Death Law Firm. Call our Hollywood medical malpractice lawyers at 305-638-4143 for a free consultation in English or Spanish. We are here to help you every step of the way.

Table of Contents

• What Constitutes Medical Malpractice?
• Common Types of Medical Errors & How They Occur
• Popular Healthcare Facilities in Hollywood, Florida
• Understanding Sovereign Immunity in Florida: What It Means for Your Medical Malpractice Claim
• What Damages Can You Seek in a Medical Malpractice Claim?
• Frequently Asked Questions
• Contact Our Hollywood, FL Medical Malpractice Lawyers

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider—whether a doctor, nurse, hospital, or other medical professional—fails to provide the standard of care that a reasonably competent provider would have under similar circumstances. This failure can result in harm to the patient, leading to injury, prolonged illness, or death.

The definition of medical malpractice comes from Florida Statute 766.102, which states:

The claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

To establish a medical malpractice claim in Florida, the following elements must be proven:

• Duty of Care: The healthcare provider owed a duty of care to the patient.
• Breach of Duty: The provider failed to meet the standard of care expected of them.
• Causation: The breach of duty directly caused injury or harm to the patient.
• Damages: The patient suffered actual damages, such as physical injury, emotional distress, or financial loss, as a result of the provider’s negligence.

Common Types of Medical Errors & How They Occur

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis is one of the most common forms of medical malpractice, and it can have serious, sometimes fatal, consequences for patients. When healthcare providers fail to correctly diagnose a condition or delay in diagnosing it, the patient may miss critical treatment opportunities, leading to worsened conditions, unnecessary suffering, or even death. Common examples include cancer misdiagnosis, stroke misdiagnosis, and  infection misdiagnosis.

Misdiagnosis or delayed diagnosis often occurs due to inadequate examination, failure to order appropriate tests, or misinterpretation of test results. This can be exacerbated by time constraints, cognitive biases, or insufficient communication among healthcare providers.

Surgical Errors

Mistakes such as operating on the wrong site, leaving surgical instruments inside the patient, or causing unnecessary injury can lead to serious complications, prolonged recovery, and additional surgeries. In severe cases, surgical errors can result in permanent disability or death, as patients may suffer from infections, internal bleeding, or damage to vital organs.

Surgical errors may result from poor planning, miscommunication among the surgical team, or fatigue. These mistakes can also occur due to the use of outdated or defective equipment or a lack of experience or skill on the part of the surgeon.

Medication Errors

Medication errors, such as prescribing the wrong medication, incorrect dosage, or failing to account for drug interactions, can have dire consequences for patients. These errors can lead to adverse drug reactions, exacerbation of existing conditions, or new health problems.

Medication errors typically occur due to improper prescribing practices, such as incorrect dosages, wrong medications, or failure to account for a patient’s medical history or potential drug interactions. These errors can also stem from communication breakdowns between healthcare providers and pharmacists.

Birth Injuries

When negligence occurs during prenatal care or delivery, both the mother and baby can suffer significant harm. The emotional and financial toll on families is immense, as they may face a lifetime of medical care and support for their injured child. Situations such as a delayed response to fetal distress can result in severe, lifelong disabilities or even the death of the child. 

Birth injuries often arise from inadequate monitoring of the mother and fetus during labor, delays in performing necessary interventions like a C-section, or the improper use of delivery tools such as forceps or vacuum extractors. These errors can also result from insufficient prenatal care.

Failure to Obtain Informed Consent

Informed consent is a fundamental aspect of medical care. Patients have the right to know all potential risks, benefits, and alternatives to a proposed treatment or procedure. Failure to obtain informed consent can lead to legal claims of medical malpractice if the patient suffers harm from a risk they were not adequately warned about. 

This issue typically occurs either due to oversight, time pressures, or a belief that the patient does not need to know every detail. 

Anesthesia Errors

Errors related to anesthesia are often severe and can include administering too much or too little anesthesia, failing to monitor the patient’s vital signs during surgery, or not recognizing and responding to complications. Such errors can result in brain damage, nerve damage, or even death due to insufficient oxygen to the brain.

Anesthesia errors can occur due to incorrect dosages, failure to monitor the patient’s vital signs, or inadequate pre-surgical assessment of the patient’s medical history. Anesthesia professionals may also fail to respond appropriately to complications, leading to severe outcomes.

Emergency Room Errors

Emergency rooms are often high-pressure environments where errors can easily occur. Common emergency room errors include misdiagnosing conditions like heart attacks or strokes, failing to order necessary tests, or discharging patients prematurely. These mistakes can lead to serious harm or death if the patient does not receive timely and appropriate care. 

Emergency room errors often happen because of the high-pressure, fast-paced environment, where there is a greater risk of misdiagnosis, failure to conduct necessary tests, or premature discharge of patients. Overcrowding, understaffing, and lack of access to complete patient histories can contribute to these errors.  

Emergency services providers are given a higher standard of protection in many cases.  For example, Florida Statute 768.13 provides that in some cases patients must prove that the provider acted with “reckless disregard” so as to effect the life or health of another.

Hospital-Acquired Infections

Hospitals are expected to maintain a sterile environment to prevent infections. However, patients can acquire infections during their stay due to poor hygiene practices, contaminated equipment, or inadequate post-surgical care. These infections can be life-threatening, especially for patients with weakened immune systems.

Radiology Errors

Radiology errors occur when imaging tests like X-rays, MRIs, or CT scans are misread or misinterpreted. For example, a radiologist may fail to detect a tumor or other critical condition, leading to a delay in diagnosis and treatment. Such errors can have severe consequences, including the progression of disease to an untreatable stage.

Popular Healthcare Facilities in Hollywood, Florida

While most healthcare institutions are committed to providing quality care, errors can and do happen, leading to medical malpractice claims. In Hollywood, Florida, residents and visitors alike seek medical care at several prominent facilities, including but not limited to:

• Memorial Regional Hospital: 3501 Johnson Street, Hollywood, FL 33021
• Joe DiMaggio Children’s Hospital: 1005 Joe DiMaggio Drive, Hollywood, FL 33021
• Memorial Regional Hospital South: 3600 Washington Street, Hollywood, FL 33021
• Kindred Hospital South Florida – Hollywood: 1859 Van Buren Street, Hollywood, FL 33020
• Memorial Same Day Surgery Center: 1150 N 35th Avenue, Hollywood, FL 33021

While our main offices are located in Hollywood, FL, and Miami, FL, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm has successfully handled cases throughout the entire state of Florida. We understand that convenience and accessibility are important to our clients, which is why we offer the option to meet virtually when necessary. Additionally, if your situation requires it, we are more than willing to travel to you, ensuring that you receive the dedicated legal support you need, wherever you are in Florida.

Understanding Sovereign Immunity in Florida

Sovereign immunity is a legal doctrine that provides protection to government entities, shielding them from being sued in court. In Florida, this concept plays a significant role in medical malpractice cases, particularly when the negligent party is a government-owned or operated hospital.  The basis for sovereign immunity is found in Florida statute 768.28.

For a hospital in Florida to qualify for sovereign immunity, it must meet several specific criteria:

• Government Ownership or Operation: The hospital must be owned or operated by the government, meaning that its management and staff are employed by a state or local government entity rather than a private organization.
• Scope of Employment: The healthcare providers involved in the medical malpractice must have been acting within the scope of their employment at the time of the incident. This means that their actions were part of their official duties as government employees.
• Insurance Requirements: The hospital must carry an insurance policy that covers a minimum of $200,000 per claim. This insurance is meant to provide some level of compensation to patients who are harmed, although the coverage is capped.
• Notice of Intent to Sue: Patients who wish to file a medical malpractice claim against a government-run hospital must submit a notice of intent to sue within a specific timeframe following the incident. This procedural step is crucial for preserving the right to pursue a claim.

While sovereign immunity is designed to protect government entities from the financial strain of large lawsuits, it can also limit the options available to patients who have been harmed by medical negligence. For instance, the damages that a patient can recover are capped, and the process of filing a claim is more complex due to the additional legal requirements. The law caps damages in cases involving sovereign immunity at $200,000 per person and no more than $300,000 for all claims related to the same incident. See Florida Statute 768.28(5). Additionally, Florida law imposes limits on attorney’s fees in these cases.

Navigating the complexities of sovereign immunity in a medical malpractice case requires expertise and experience. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping patients in Hollywood, Florida, understand their legal options and pursue justice, even in cases involving sovereign immunity. A medical malpractice attorney can guide you through the process, from filing the necessary notices to building a strong case on your behalf.

What Damages Can You Seek in a Medical Malpractice Claim?

In Florida, the damages in a medical malpractice claim typically fall into two main categories: economic damages and non-economic damages.

Economic Damages

Economic damages are meant to compensate you for the direct financial losses you have incurred due to medical malpractice. These damages are relatively straightforward to calculate because they are based on actual expenses and lost income. Some examples include:

• Medical Expenses: Compensation for past and future medical bills related to the malpractice, including hospital stays, surgeries, medications, rehabilitation, and any necessary ongoing care.
• Lost Wages: Reimbursement for income lost due to the inability to work while recovering from the injury. This can also include lost earning capacity if the injury has permanently affected your ability to work.
• Cost of Future Care: If the malpractice has resulted in a long-term or permanent disability, you may be entitled to compensation for the cost of future care, such as home modifications, medical equipment, or in-home care services.

Non-Economic Damages

Non-economic damages are more subjective and compensate you for the intangible losses you have suffered due to the malpractice. These damages recognize that the impact of medical negligence goes beyond just financial losses. Some examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the malpractice. This can include both the immediate suffering following the injury and any ongoing pain or psychological trauma.
• Loss of Enjoyment of Life: Damages awarded for the loss of ability to enjoy life’s activities due to the injury, such as hobbies, family activities, or other aspects of your daily life that have been negatively impacted.

Steps To Take After a Medical Malpractice Incident in Florida

Taking the right steps after experiencing medical malpractice is essential to building a strong case. If you believe you may have a medical malpractice case, following these steps is essential:

1. Seek Medical Attention: Ensure your health is stable and any injuries caused by malpractice are addressed.
2. Document Everything: Collect all medical records, prescriptions, and any documentation related to your treatment.
3. Preserve Evidence: Keep any physical evidence, such as medications, medical devices, or equipment, related to the malpractice.
4. Avoid Contact with the Medical Provider: Do not engage in discussions with the medical professionals or their insurance companies about the incident before consulting with an attorney.
5. Consult a Medical Malpractice Lawyer: Contact Flanagan & Bodenheimer for a free consultation to discuss your case.
6. Follow Legal Advice: Work with your attorney to file a claim and follow their guidance throughout the process.

Filing Wrongful Death Claims in Florida

When a healthcare provider’s error or negligence results in death, the surviving family members have the right to seek justice through a wrongful death claim. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have extensive experience handling wrongful death claims and have successfully recovered millions of dollars in compensation for our clients. Our commitment is to help families navigate these difficult times and secure the justice they deserve.

In Florida, the right to file a wrongful death claim is governed by the state’s Wrongful Death Act. The claim must be filed by the personal representative of the deceased’s estate, who acts on behalf of the surviving family members. Eligible beneficiaries who may recover damages include:

• The Spouse: The surviving spouse of the deceased is typically entitled to recover damages for the loss of companionship, protection, and mental pain and suffering.
• Children: Minor children (under the age of 25) of the deceased can recover damages for lost parental guidance, companionship, and mental pain and suffering. In some cases, adult children may also be eligible to recover damages.
• Parents: If the deceased was a minor child, the parents may recover damages for mental pain and suffering. In cases where there are no surviving spouse or children, the parents of an adult child may also be eligible.
• Other Relatives: In some cases, other relatives who were dependent on the deceased for financial support or services may also be eligible to recover damages.

At Flanagan & Bodenheimer, we understand that no amount of money can ever truly compensate for the loss of a loved one. However, we also know that financial stability and holding the responsible parties accountable can provide a sense of justice and help your family move forward. 

If you have lost a loved one due to medical malpractice, it is crucial to act quickly to protect your legal rights. Florida law places time limits on when a wrongful death claim can be filed, so it’s important to consult with an experienced attorney as soon as possible. Call us at 305-638-4143 for a free consultation.

Frequently Asked Questions

How do I know if I have a medical malpractice case?

If you believe that a healthcare provider’s negligence or error directly caused you harm, it’s important to consult with a medical malpractice attorney. They can evaluate your medical records, consult with experts, and determine whether your case meets the legal criteria for malpractice.

Can I sue a hospital for medical negigence?

Yes, hospitals can be held liable for medical malpractice if the negligence of their employees, such as doctors, nurses, or other healthcare staff, caused harm. This includes cases where the hospital failed to provide proper supervision, staffing, or equipment.

How long does it take to resolve a medical malpractice case in Florida?

The duration of a medical malpractice case varies widely depending on its complexity, the number of parties involved, and whether the case goes to trial. Some cases may settle within a few months, while others could take several years to resolve.

Will my case go to trial?

Not all medical malpractice cases go to trial. Many are settled out of court through negotiations between your lawyer and the defendant’s insurance company. However, if a fair settlement cannot be reached, your case may proceed to trial.

How much does it cost to hire a medical malpractice attorney in Hollywood, FL?

At Flanagan & Bodenheimer, we work on a contingency fee basis, meaning you won’t pay any attorney’s fees unless we win your case. This allows you to pursue your claim without the burden of upfront legal costs.

Contact Our Hollywood, FL Medical Malpractice Lawyers

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our top-rated medical malpractice lawyers are committed to providing the highest level of legal representation to those affected by medical errors, serving Hollywood and the surrounding areas. We understand the profound impact that medical malpractice can have on your life, and as experienced accident attorneys, we are here to help you navigate the legal process with confidence and peace of mind.

Our Hollywood medical malpractice lawyers work on a contingency fee basis, which means you don’t pay any legal fees unless we successfully recover compensation for you. We also purposely maintain a small caseload to ensure that each client receives the personalized attention and dedication they deserve. This approach allows us to fully focus on your case, giving you the confidence that your legal matter is being handled with the utmost care and commitment.

Our Hollywood personal injury lawyers have a proven track record of success in holding negligent healthcare providers accountable and securing significant compensation for our clients. Whether you’ve experienced a misdiagnosis, surgical error, or any other form of medical malpractice, we are ready to stand by your side and advocate for the justice you deserve.

Contact us today at 305-638-4143 for a free consultation, and let us help you take the first step towards healing and recovery.