Weston Medical Malpractice Lawyer – Get Justice for Medical Negligence

When you seek medical care in Weston, FL, you trust doctors, nurses, and hospitals to uphold the highest standards. But when that trust is broken due to negligence, misdiagnosis, or error, the consequences can be life-altering. At Rafaeli Law PLLC, our experienced Weston medical malpractice lawyers fight to protect your rights and help you seek the justice and compensation you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional or facility fails to provide appropriate treatment, deviating from accepted standards of care and causing injury or death. This can involve:

  • Misdiagnosis or Delayed Diagnosis – When doctors overlook clear signs of illness or mistake symptoms for another condition, patients may miss critical windows for treatment. For example, failing to diagnose cancer in its early stages can mean the difference between recovery and terminal illness.
  • Surgical Errors – Mistakes in the operating room, such as performing surgery on the wrong body part, leaving tools inside the patient, or anesthesia complications, can cause long-term harm or even death.
  • Birth Injuries – These include damage to the infant (like cerebral palsy) or harm to the mother due to lack of monitoring, improper delivery techniques, or failure to perform a necessary C-section. Learn more about birth injuries.
  • Medication Errors – Administering the wrong drug or incorrect dosage can result in dangerous interactions, allergic reactions, or overdoses.
  • Anesthesia Errors – Mistakes in administering anesthesia can lead to brain damage, stroke, or death due to oxygen deprivation or overdose.

According to a Johns Hopkins study, medical errors are the third leading cause of death in the U.S., responsible for over 250,000 deaths annually. In Florida, the high number of medical malpractice claims indicates the need for more oversight in healthcare settings.

Who Can Be Held Liable for Medical Malpractice in Weston?

Medical negligence cases can involve various parties, including:

  • Doctors & Surgeons – Responsible for diagnosis, procedures, and post-treatment care. Negligence can stem from errors in judgment, skill, or communication.
  • Hospitals – Facilities may be held liable for inadequate staff training, negligent hiring practices, unsanitary environments, or failure to follow safety protocols.
  • Pharmacists – A mistake in dispensing medication can result in overdoses, adverse interactions, or a lack of treatment.
  • Nurses & Technicians – These medical professionals monitor patients, administer treatments, and operate medical equipment. Their errors can have serious consequences.

In many cases, more than one party may share liability. We pursue all negligent actors to ensure you receive full and fair compensation.

Common Medical Malpractice Cases in Weston, FL

At Rafaeli Law PLLC, we represent victims of many types of medical negligence, including:

  • Failure to Diagnose Serious Conditions – One of the most common types of malpractice. Conditions like cancer, meningitis, or heart attacks are often missed, especially in rushed ER settings.
  • Emergency Room Errors – High patient volume and pressure in ERs increase the likelihood of mistakes, including misreading test results or mislabeling patients.
  • Plastic Surgery Malpractice – Florida ranks among the highest states for cosmetic procedures, and negligence in these cases can result in nerve damage, infection, or permanent disfigurement.
  • Hospital-Acquired Infections (HAIs) – According to the CDC, approximately 1 in 31 hospital patients in the U.S. contracts an HAI. These infections can be fatal and often stem from poor hygiene or contaminated instruments.

In 2022, Florida recorded over 1,000 new medical malpractice claims, and Broward County continues to be one of the state’s top regions for these lawsuits (Florida Health Charts).

Florida Medical Malpractice Statute of Limitations

Under Florida law (Fla. Stat. §95.11(4)(b)), the deadline to file a medical malpractice claim is:

  • 2 years from the date the harm was discovered (or should have been discovered).
  • 4 years maximum from the actual date of the incident, regardless of when it was discovered.
  • Exceptions: Cases involving fraud, concealment, or minors may have extended deadlines.

Missing the statute of limitations can mean losing your right to compensation. That’s why we urge victims to speak with a Weston medical malpractice attorney as soon as possible.

Key Facts About Medical Malpractice in Weston, FL

Category

Statistic / Insight

Average Malpractice Payout in FL

$300,000–$500,000

Common Types of Claims

Misdiagnosis, Surgical Errors, Birth Injuries, Anesthesia Mistakes

Statute of Limitations

2 years from discovery (max 4 years)

Hospital-Acquired Infection Rate

1 in 31 U.S. hospital patients (CDC)

Third Leading Cause of Death

Medical errors in the U.S. (Johns Hopkins Study)

Common Liable Parties

Doctors, Hospitals, Pharmacists, Nurses

High-Risk Facility Zones

ERs and surgical centers in Broward County

Proving Medical Malpractice – Key Elements

To win a medical malpractice case in Weston, your attorney must prove the following elements:

  1. Duty of Care – You must establish that a professional relationship existed, creating a legal obligation to provide competent medical care.
  2. Breach of Duty – Evidence must show that the healthcare provider failed to meet accepted medical standards.
  3. Causation – There must be a direct connection between the provider’s negligence and the injury or harm suffered.
  4. Damages – You need to demonstrate measurable losses, including physical, emotional, and financial harm.

This process requires detailed documentation, expert testimony, and an aggressive litigation strategy, all of which we provide.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

Choosing the right attorney can make the difference between a denied claim and a meaningful recovery. Here’s why Weston families trust us:

  • Extensive Experience – Our legal team has deep knowledge of Florida’s medical malpractice laws and has handled numerous high-value claims.
  • Aggressive Advocacy – We fight against powerful hospital systems and insurers, refusing to settle for less than full value.
  • Local Knowledge – Based in Weston, we’re familiar with local healthcare providers, court procedures, and common case patterns in Broward County.
  • Personalized Attention – We believe in clear communication, direct attorney access, and individualized legal strategies.
  • No Fees Unless We Win – You don’t pay anything unless we recover compensation for you.

Read client testimonials or review our case results to learn how we’ve helped others.

Types of Compensation in a Weston Medical Malpractice Case

Victims of medical negligence may be eligible for both economic and non-economic damages:

  • Medical Expenses – Covers hospital stays, surgeries, rehabilitation, medications, and future medical needs resulting from the injury.
  • Lost Wages & Earning Capacity – Compensates for work missed due to recovery, as well as future income lost from a reduced ability to work.
  • Pain & Suffering – This non-economic damage reflects the emotional and physical toll of the injury, often supported by testimony and psychological evaluations.
  • Disability or Disfigurement – Compensation for permanent injuries that affect quality of life or appearance, such as amputation, paralysis, or scarring.
  • Wrongful Death – In fatal cases, surviving family members may recover funeral costs, loss of companionship, and financial support through a wrongful death claim.

In Florida, average payouts for medical malpractice claims range between $200,000 to $500,000, depending on severity, with jury awards exceeding $1 million in complex or catastrophic cases.

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FAQ

Frequently Asked Questions

1. What qualifies as medical malpractice in Weston, Florida?

Medical malpractice involves a healthcare provider in Weston deviating from accepted standards of care, causing injury or death. This includes misdiagnosis, surgical errors, or medication mistakes.

2. How long do I have to file a medical malpractice lawsuit in Florida?

In Florida, the statute of limitations is typically two years from the discovery of the harm, but no more than four years from the incident (Fla. Stat. §95.11).

3. Can I sue a hospital in Weston for negligence?

Yes. Hospitals in Weston can be held liable for negligence in hiring, training, supervision, or sanitation practices that result in patient harm.

4. How much is the average medical malpractice settlement in Weston, FL?

Florida settlements range from $200,000 to $500,000, though serious cases, such as those involving wrongful death, can result in awards over $1 million.

5. What evidence is needed for a medical malpractice claim in Weston?

You’ll need medical records, expert testimony, proof of negligence, and documentation of damages (physical, financial, or emotional) to support your claim.

6. Are there caps on medical malpractice damages in Florida?

Florida previously had caps, but in 2017, the Florida Supreme Court ruled them unconstitutional in certain cases. There is currently no cap on non-economic damages.

7. What are common signs of malpractice during surgery?

Red flags include unexplained complications, prolonged recovery, infections, anesthesia issues, or being unaware of known surgical risks before the procedure.

8. Do I need a lawyer to file a malpractice lawsuit in Weston?

Absolutely. Medical malpractice cases are complex and require expert witnesses and legal knowledge. An experienced Weston medical malpractice lawyer can help maximize your compensation.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.