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Doctors are some of our society’s most respected and trusted professionals. When you experience medical malpractice, it can completely change your perspective. At the Law Offices David M. Brandwein, P.A. we aim to right the wrongs of injustice and help you receive the compensation you deserve. Here, you’ll find some of the most common questions we receive. When you’re ready, give us a call. Your consultation is free and payment plans are available.

How do I know if I really have a case?

When a healthcare provider is negligent of his or her duties, medical malpractice occurs. Negligence is defined as a violation by the provider in terms of not meeting the standard level of care for his or her patients. Proving negligence is the key to essentially having a case, and it involves a streamline of events:

  1. A doctor-patient relationship was in existence.

  2. The doctor was negligent.

  3. The doctor’s negligence resulted in an injury.

  4. The injury resulted in damages.

The types of damages sustained from a negligent injury can include medical bills, physical pain and suffering, and even mental despair among others.

There are also various types of medical malpractice that can be an indicator of whether you have a case or not. You may be able to file a lawsuit if your healthcare provider:

  • Failed to diagnose you

  • Administered improper treatment

  • Didn’t warn you of risks associated with a procedure or treatment



How long do I have to file a medical malpractice lawsuit?

In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the date that the injured person discovered or should have known that the injury happened and knew that it could possibly be related to medical malpractice. In addition, Florida law upholds a statute of repose in which healthcare providers can’t be sued after four years of the incident occurring. There are, however, exceptions for cases involving fraud, hidden information, or misrepresentation.

How much money can I get?

According to Medscape Business of Medicine, nearly 90% of medical malpractice suits are settled outside of court with an average of $425,000 awarded to the victim. Cases that do face litigation are usually awarded $1 million on average from juries.

In Florida, the maximum amount a person can receive for pain and suffering is $1 million. Punitive damages are only awarded if the injured can prove the healthcare provider intentionally caused harm.

How long will my case take to resolve?

The length of time can vary. While we’d like to say you can expect results quickly, the truth of the matter is that it can take months or even years to come to a conclusion in a medical malpractice case. Fortunately, attorney David Brandwein is very experienced. He’ll work as quickly and efficiently as possible in his fight to make your payout worth it.


At the Law Offices David M. Brandwein, P.A. we don’t take your injury lightly. We understand how difficult this process can be, and our goal is to help you sift through it all with as little stress as possible. If you have suffered an injury due to medical malpractice, we can help. We are proud to represent clients in Broward, Palm Beach, and Miami-Dade counties. If your injuries are severe and you can’t make it to us, we’ll gladly come to you. Contact us today.