Coral Springs Medical Malpractice Lawyer

When someone seeks medical attention, they put their lives in the hands of a stranger. Medical mistakes by trusted healthcare professionals can be life-altering. Some patients struggle with long recovery periods, while others must adapt to a new way of life.

Although it is inexcusable, medical negligence statistics show that medical malpractice is a widespread national problem. Since Florida has a high population of patients and doctors, The Sunshine State has one of the highest medical malpractice rates in the United States. Thousands of Floridians suffer unnecessary injuries or lose loved ones because of mistakes in the healthcare system.

Medical malpractice occurs when a healthcare provider acts negligently or fails to perform duties that they should have done and causes an injury or patient's death. Most healthcare providers deny responsibility after malpractice, and insurance companies battle valid claims. Therefore, medical malpractice claimants often face an uphill battle to seek fair compensation.

Medical malpractice victims can count on Frankl Komisky Injury Lawyers' dedicated team of attorneys. Our determined lawyers are ready to help victims seek the compensation they deserve. Contact our law firm by calling (561) 800-8000 to evaluate whether you have a case and determine what steps to take next.

How Our Medical Negligence Lawyers Can Help

No one goes in for a checkup, undergoes surgery, or has emergency medical attention and expects something terrible will happen. However, medical negligence can happen to anyone, and victims of medical misconduct may develop post-traumatic stress disorder (PTSD) due to their lost trust in their doctors.

The American Psychiatric Association lists avoidance as an essential symptom of post-traumatic stress disorder. Patients with a history of bad experiences in the medical system may develop anxiety, leading them to put off or forego future medical care entirely. However, it's essential to receive treatment as soon as possible because waiting can devastate your well-being.

When someone visits a doctor for a medical concern, they can be frustrated if the medical professionals downplay their issues. Contact a seasoned Coral Springs medical malpractice lawyer if the doctor you trusted is now hiding behind an insurance company or attorneys.

A medical malpractice lawsuit should not be taken lightly. There is a high likelihood that the healthcare professional will repeat the same mistakes with future patients if they make an error while treating you or a loved one. Patients must insist on accountability from a reliable caregiver they employ because future medical needs from a medical error are impossible to foresee.

Insurance adjusters' primary role is to save the insurance company money for maximum profit. When medical malpractice victims retain one of our attorneys, they can rely on legal experts to negotiate on their behalf if a low settlement is offered. It is best to always refer an aggressive insurance adjuster to an attorney before agreeing on a settlement. A medical malpractice lawyer will look out for your best interests.

Defining Medical Malpractice

Medical malpractice occurs when a doctor, nurse, or other medical staff member fails to adhere to accepted practices. This can cause patients to suffer severe injuries or fatalities due to insufficient medical care.

The most common medical errors involve:

  • Misdiagnosis
  • Medication administration and dosage
  • Mistake made during surgery
  • Health management
  • Aftercare

When a medical practitioner fails to perform their duties, that is an act of omission. Frankl Komisky Injury Lawyers is committed to fighting for our clients' legal rights. Call us if you are unsure whether you are eligible to seek compensation.

Why You Should Consult a Coral Springs Medical Malpractice Lawyer

Insurance and legal firms are significant players in the medical business. Because healthcare professionals have legal counsel on their side, victims should too.

Medical malpractice victims can protect their rights by retaining the services of a medical malpractice attorney from Frankl Komisky Injury Lawyers. The insurance company's offer may be less than what you deserve, but your attorney will advocate on your behalf for a fairer settlement to help with your incurred costs.

It's crucial to start questioning potential witnesses and gathering evidence quickly. We investigate thoroughly to discover who is responsible for your losses, but time is of the essence because evidence can be lost or destroyed. Don't hesitate to contact us immediately for a free initial case review.

Medical Malpractice Damages: Who Can Be Held Liable?

Most believe medical malpractice involves doctors' mistakes that lead to injury and harm. Although this is the situation in many cases, it is essential to remember that doctors are not the only people who can make errors.

Various healthcare professionals can inflict harm on a patient because of negligence. These professionals include:

  • Doctor assistants
  • Nurses
  • Nurse practitioners
  • Medical technicians

Some medical malpractice damages aren't always the doctor's fault, but rather the hospital or one of the many personnel working in the healthcare facility. Other people may share the responsibility even when a doctor's negligence directly causes an injury. Pursuing compensation from different entities could increase the chances of success in a medical malpractice action.

Statute of Limitations for Medical Malpractice Claims in Florida

Although it may take some time to schedule an appointment with a doctor, victims should not waste any time. Victims have a limited amount of time to file a lawsuit or lose their legal right to sue.

There is a two-year statute of limitations for filing personal injury claims in Florida, beginning when the injury was discovered or should have been discovered. Florida law also states that medical malpractice victims have a maximum of four years from the date the malpractice happened to file a civil lawsuit.

Filing a claim late could mean losing your right to seek compensation. Medical malpractice victims already have a lot on their plates as they try to adjust to all that has happened in their lives. Frankl Komisky Injury Lawyers will handle the legalities for our clients and keep them posted on the progress.

Investigating Potential Medical Malpractice Claim

Not all injuries can be blamed on the hospital, doctor, or other health care provider. They only incur legal liability for damages suffered by patients directly caused by their failure to provide recommended standards of care that a competent medical practitioner would provide under identical circumstances.

Claimants and their lawyers must prove the required elements in a medical malpractice case. Our medical malpractice attorneys can submit proof of the following four crucial elements in your case:

Duty of Care

The doctor or hospital is required by law to meet a standard of care in treating the patient. When a patient goes to a hospital, the doctors who have decided to work there have voluntarily assumed a caretaker role.

Breach of Duty of Care

The doctor or hospital didn't follow through with the minimum required level of care. The standard is determined by comparing the actions and steps taken by most healthcare practitioners in a similar situation.

Causation

The healthcare facility or hospital did or didn't perform a diagnosis or medical procedure. This negligent act caused an injury.

Negligence Caused the Injuries

An attorney will help prove the physical, emotional, and/or financial damages incurred due to the healthcare provider's negligence.

Examples of Medical Malpractice Damages

Based on the injuries sustained and their long-term effects, courts may award a range of damages for medical malpractice. However, the maximum amount of this compensation varies from state to state.

Medical negligence damages can take several forms, and a seasoned medical malpractice lawyer can help you seek financial recovery.

General Damages

Pain and suffering and future lost wages due to a possible inability to work due to the accident are general damages. These damages also include loss of enjoyment of life.

Special Damages

Special damages include expenditures that can be specific and easy to calculate, such as those associated with medical care, time away from work, and future earnings potential. Special damages also include any necessary home repairs or adaptations. Claimants should document these losses with receipts.

Punitive Damages

Punitive damages may be awarded for a medical provider's intentional misconduct. These damages are distinct from compensatory and incidental damages because they are only granted for extreme circumstances in which a provider's acts were intentionally harmful. Punitive damages also serve as a deterrence for similar behavior.

Medical Malpractice that Causes Wrongful Death

Trust can be broken when a loved one dies because of a medical error. It is possible to file a wrongful death suit if a close family member died from medical negligence. Spouses, children, and parents are common survivors who may file wrongful death lawsuits. Our wrongful death lawyers can advise the deceased person's family whether they have grounds for a lawsuit.

After worrying about a loved one's upcoming operation, treatment, or other medical procedure, families are left in a state of shock if a loved one dies. In the event of wrongful death, compensation awarded for damages may include the following:

  • Medical expenses
  • Funeral costs
  • Loss of income and future earning capacity
  • Loss of companionship

Although no amount of money can replace the loss of a loved one, economic and non-economic awarded damages can help ease the burden. Every case is unique, and we cannot guarantee any financial settlements. However, those who lose their loved ones have the legal right to seek restitution, and we're ready to help.

Surgical Errors in Medical Malpractice

Surgeons must always put their patient's well-being first. Exhausted and overworked surgeons might make fatal errors during surgery. Typical examples of surgical errors include:

Performing Surgery on the Wrong Body Part

Accidental surgery on the wrong body part can have dire consequences. For example, a surgeon could operate on the left arm instead of the right one. Spine surgeons can also end up working on the wrong spine level.

Forgetting Foreign Objects in the Body Cavity

Surgeons can carelessly forget surgical equipment, devices, or foreign items in a patient's body. Sponges, scalpels, and clamps are surgical items that have been most frequently forgotten in patients after surgical procedures.

Performing Surgery on the Wrong Patient

Medical professionals need to make sure that they treat the correct patient. Performing surgery on the wrong patient can cause long-term disabilities and even death.

Injury to Other Internal Organs

Surgeons must be careful not to accidentally cut or injure other essential organs while operating. Carelessness on the operating table can cause damage to soft tissues and organs such as the gut or bladder.

Malpractice During Childbirth

There are many potential causes of birth injuries. However, many of these could have been prevented if the attending physician had exercised reasonable care throughout the delivery. Failure to properly monitor the mother and the newborn throughout labor and delivery is one example of negligence that might lead to a birth injury lawsuit.

Birth-related health issues that may arise from a lack of constant monitoring include cerebral palsy, neurological damage, miscarriages, and fetal bleeding. Oxygen deprivation and a delayed C-section that leads to a severe injury or death of the newborn are other negligent actions that can cause injuries during delivery.

Anesthesiologist Malpractice

If a physician makes a mistake when administering the anesthetic, they could be held responsible for injuries. Medical negligence committed by anesthesiologists frequently involves the administration of an incorrect or insufficient dose of anesthetic or even the wrong drug. The anesthesiologist may be liable for complications that arise from the patient's need for ongoing treatment with antibiotics, other medications, or intravenous fluids.

Diagnosis Issues

Diagnosis issues occur when a doctor incorrectly interprets diagnostic studies, orders the wrong tests, or fails to order a diagnostic test. This can also happen if a doctor misdiagnoses a patient based on the patient's symptoms.

Misdiagnosis may also occur when a doctor fails to make an accurate diagnosis despite obvious signs that point to a specific disease or condition. This can lead to serious health problems or even death. Most commonly misdiagnosed diseases include lupus, Parkinson's disease, cancer, and strokes.

Medical Malpractice at the ER

Typical examples of emergency room errors include:

  • Misdiagnosis or a delay in diagnosis
  • Incorrect medicine administration
  • Incorrect interpretation of diagnostic tests such as X-rays and CT scans
  • Failure to treat an infection or other medical problem after surgery

An emergency department staff member, such as a doctor, nurse, or other support workers, may be responsible for errors. The primary responsibility of emergency departments is saving lives; these doctors are not specialists and do not provide long-term care. However, they must take responsibility when they overlook something that leads to injury or death.

The Role of Expert Witnesses in Medical Malpractice Cases

Expert witnesses are often called to testify in court during medical malpractice trials to provide testimony supporting the case. Medical malpractice expert witnesses are usually other doctors who share the defendant's level of education, training, and work experience.

The defense specialist will investigate the case before testifying before a judge. They gather information relevant to their specialty to form an opinion during this time. Credible claims will typically have the medical expert corroborating proof that the defendant's acts were responsible for the harm.

Examples of Expert Witnesses in Malpractice Cases

Our legal team has litigated various cases involving medical negligence, so we can contact medical experts in different fields with experience testifying in court. Testifying in court while facing hostile questioning from the other side's defense counsel can be challenging for people with no prior courtroom experience.

A medical facility has a wide range of potential causes of harm. Our law firm may consult with a vast range of expert witnesses to strengthen your medical malpractice case.

The most common expert witnesses in medical malpractice cases are specialists in medical fields such as orthopedics or gynecology. We may also call on the services of a medical examiner who can provide expert testimony regarding the victim's manner of death. For more abstract ideas, such as the standard of care, our firm will bring in scientists, experts in related fields, and general practitioners.

Consult a Coral Springs Medical Malpractice Lawyer Today

We can assist you if you or a loved one has been injured because of medical negligence. Our law firm provides free initial consultations and case evaluations (by appointment only).

The skilled, accomplished, and competent attorneys at Frankl Komisky Injury Lawyers can help victims and their families build solid medical malpractice claims. Our team of medical malpractice attorneys is well-equipped to take on even the most complex cases. We have extensive experience handling medical malpractice lawsuits and other medical negligence claims.

Call us at (561) 800-8000 to schedule a free consultation

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