Boynton Beach Medical Malpractice Lawyers
Trusting your medical provider is key to feeling comfortable every time you step foot into a hospital or doctor’s office.
It’s not uncommon to meet someone who is afraid of doctors or going to a doctor’s office. This phobia is known as Iatrophobia (fear of doctors), and it affects many adults and children. One in three adults avoid medical visits for various reasons.
Reasons adults and children have a fear of going to the doctor can include:
- Fear of vaccinations or procedures
- Having previous bad past experiences
- Afraid of diagnosis
- Having diseases or illnesses that require uncomfortable or painful tests and procedures
This phobia is common and it’s the responsibility of any provider to ensure patients are comfortable during each appointment and offer the right care. Mistakes that are made during surgeries, diagnoses, or other procedures can result in medical malpractice cases, which not only contribute more to Iatrophobia but can also be devastating.
Have you recently been a victim of medical malpractice? If so, it’s time to take action by consulting with an established legal professional about your case.
Here’s everything you need to know about Boynton Beach Medical Malpractice claims and how to find the right attorney.What Is Medical Malpractice?
Simply stated, medical malpractice occurs when medical professionals harm patients by providing the wrong care. Wrong care can be due to a variety of reasons, including prescribing the wrong medicine, preventable issues during procedures, giving the wrong diagnosis, or other causes. It can also occur when doctors fail to take appropriate action based on what the patient needs.
Medical professionals are held to higher standards since they are responsible for the health and safety of every patient that steps into their office. Failure to provide the right care gives patients the ability to file claims for damages or trauma they experience as a result of negligence.
However, it is important to keep in mind that medical professionals are not responsible for everything that happens to a patient. A medical professional will only be liable if the issue or incident is a result of their poor decision, action, or inaction.
Sometimes complications and death can occur as a result of surgeries or treatments that are not the fault of the doctor or other medical staff. This is one of the reasons why medical malpractice cases can be very complex and take time to reach a final outcome.
When a person files for medical malpractice, there is a hefty, thorough investigation that needs to be done to ensure the medical professional did, in fact, act in a negligent manner. Sometimes these cases require consulting with several other medical personnel to see how they would have handled the situation to compare.
Because of the complexity of these cases, it’s crucial that residents in Boynton Beach that are looking to file a claim consider hiring an experienced attorney that can show proven success in similar cases.Common Medical Malpractice
There are endless errors that can occur at a medical facility, whether it’s during a procedure, routine check-up, or lab collection, but most medical malpractice issues can be broken down into a few common areas. These larger areas then have the specifics under their umbrella term for the specific injury that you may experience.
Some common areas that medical malpractice can occur include:
- Surgical errors
- Diagnosis errors or delayed diagnosis
- Birth injuries
- Anesthesia errors
- Failure to treat or treat appropriately
- Prescription drug errors
Some medical malpractice areas can be more traumatic than others, depending on their outcomes. For instance, birth injuries and surgical errors can be extremely traumatic if they cause wrongful death or life-altering conditions.
Additionally, anesthesia errors can occur if a doctor applies too much or too little anesthesia. Too little anesthesia can make it where a patient endures a painful procedure unwillingly.
Birth injuries can happen when too much force or unwarranted medical tools are used to extract a baby during vaginal birth. Some birth injuries have been known to cause damage to the baby’s fragile brain and could result in conditions such as Cerebral Palsy or others that alter brain function and development.
If you suspect you have been a victim of medical malpractice, call Frankl Kominsky Injury Lawyers right away to have your case evaluated to see if you have a claim.Results of Medical Malpractice
The consequences of medical malpractice can also result in different kinds of medical procedures and interventions. For example, mothers that experience their newborns being injured can result in traumatic repercussions, especially if quick medical intervention is involved.
You may be able to recover from a viable claim after suffering from medical malpractice resulting in:
- Wrongful death
- Anxiety or depression
- Loss of life enjoyment
- Physical or mental suffering
- Extreme medical bills to correct wrong care
- Loss of income due to not being able to work
The compensation you seek will depend on the case and what happened. Working with a Boynton Beach Medical Practice Lawyer will help you determine what a fair amount is before you accept anything. Although an attorney cannot guarantee how much you might be offered, you can still ask them for an idea of what you could expect.What Is a Medical Malpractice Claim?
When you file a medical malpractice claim, you allege that a doctor or medical professional did not provide you with the right care, which resulted in some manner of harm. These cases need to show that a doctor-patient relationship existed and that the accused professional made an error that resulted in physical or mental harm to the patient.How Difficult Are Medical Malpractice Cases?
Medical malpractice cases can be extremely difficult for a number of reasons, and physicians tend to lead the statistics as the winners. This is because incidents can occur under medical care that are not the physician’s fault. Hospitals and doctor’s offices also have laws and legal procedures in place to protect them from these cases and liability purposes.
It can also be very difficult to prove that causation occurred when the doctor provided treatment that fell below the standard of care. This can be complex to prove during some situations where the patient’s body may have reacted to a treatment that is not the fault of a doctor, or if they signed a waiver before treatment that stated they accept the fact that risks could be involved.What Will a Medical Malpractice Lawyer Do?
A medical malpractice lawyer is an attorney that specializes in laws regarding medical care and legal actions. They are responsible for working with their clients to inform them if they have a potentially meritorious claim and what the best legal actions are to take.
When you hire a medical malpractice attorney, you can expect:
- A thorough review of your evidence, medical records, and position
- Help filing a lawsuit against the defendant
- Analysis of your documents and performing research
- Someone who will start consulting with medical professionals
- A negotiator for a potential settlement
- An advocate for your rights and position in court
It can be stressful enough to deal with a medical malpractice case, but what about finding the right attorney to work with? If you don’t already have a trusted attorney to contact, you should begin searching for one as soon as you can. Florida’s statute of limitations gives victims a timeline of 4 years from the date of the accident to file a claim, so it’s important to file timely.
The first step in finding the best Boynton Beach Medical Malpractice Lawyer is to start researching firms in your area that specialize in this field of law. The Bar Association will also be able to advise on reputable firms.
Ideally, you should find more than one firm to discuss your case with to help find the right one. Not every firm is the same, so take time to find out who you feel is the right fit.
The good news is that most law firms offer a free consultation that allows you to meet with the attorney that would be assigned to your case so you can ask questions. They will go over the process with you about what to expect and how they can help, in addition to how much they charge in legal fees.
When you consult with each attorney, here are some topics you should discuss to find the right one:
- Experience - Do they have a background in successfully handling these cases?
- Similarity - Have they handled cases similar to yours?
- Resources - How will your attorney plan to proceed with your case and what evidence will they use?
- Communication - How often will your attorney communicate with you about the case, so you are always informed about what is going on?
- Fees - What is your attorney’s fee agreement? Do they charge a contingency or hourly fee (or a combination)?
Payment can sometimes deter people from choosing the lawyer that they feel is right. While attorneys can be an investment, take comfort in knowing that most attorneys do not get paid unless and until you win. This means you will usually pay your lawyer an agreed-upon portion of settlement earnings.What to Expect Out of Your Case
As mentioned earlier, medical malpractice claims are very complex and can take years to settle. It’s important for you to understand what the timeline and process looks like in these cases, so you know what to expect.
After you hire an attorney, they will begin reviewing your medical records associated with the harm and may request to look at more of your medical history that could impact the case. This step in the process can take a while, but it is also where you will hear from your attorney if you have a medical malpractice claim to file. If you can file for medical malpractice, your lawyer will then start looking for medical experts.
Your attorney will interview and discuss your incurred injuries with medical professionals that specialize in the same medical field to consult about how they would have handled your medical procedure and compare practices to see if your doctor failed to give appropriate care. The testimony of these medical professionals is vitally important for your case and can be used as evidence.
Another step for your lawyer is to file the lawsuit and serve the defendant. After your lawsuit is filed, you may need to go to trial within a year to three years if an out-of-court agreement cannot be reached. This is a long timeline to work with, so you should be prepared for it to take time.
As you await a court date, both sides will gather important evidence that support their cases. Your attorney will use all the information they have gathered to demonstrate whether the medical professional neglected to give you appropriate care that led to harm.
Sometimes medical malpractice cases do not make it to court because a fair settlement can be reached. Having a top-quality lawyer on your side can be beneficial in these circumstances for their negotiation skills that will allow you to recover financially from your medical bills without the time and stress of court.
Mediations and settlements are not always successful, however. Larger medical organizations have their own attorneys that are skilled and knowledgeable to protect the entity and reduce the number of settlements they may have to pay.
If no settlement can be reached, your case will then go to court, where a jury will be responsible for determining the outcome of the case and to calculate how to financially make up for a party’s damages.Contact Frankl Kominsky Injury Lawyers Right Away
Have you or a loved one recently experienced a medical malpractice issue? If so, contact Frankl Kominsky Injury Lawyers right away. No one should have to deal with the repercussions of trusted medical professionals failing to provide the right medical care, which is why we want to help you seek the compensation you deserve.
Our firm has been around for the last four decades, helping those in the Boynton Beach area fight personal injury battles. We have helped clients recover financially for their incurred costs and have helped them seek the compensation they need to bring closure to traumatic and difficult events.
We would be happy to help you too. To get started, schedule your no-obligation free consultation with one of our attorneys by calling our firm at (561) 800-8000 to schedule, or go to our website and leave your contact information on our online form.
One of our attorneys or representatives will reach out to you to schedule a day and time that is most convenient for you. When you consult with one of our attorneys, please bring the following information so we can best assess your situation:
- Medical records prior to and after the incident
- Medical bills
- Insurance information
- Other documents, information, or bills associated with the claim
You can trust that our attorneys always have your best interest in mind. If you’re ready to get started with your claim, call us today.