When a healthcare provider makes a mistake, the consequences can be painful, potentially life-threatening, and disconcerting. You may have gone in for a routine procedure or placed your trust in a physician to manage a serious condition. Instead, you're now dealing with unexpected complications, physical pain, and emotional strain that could have been avoided.
Medical negligence doesn’t just affect your health—it can impact every part of your life, from your ability to work to your peace of mind.
If you or someone you love has suffered due to a medical error in West Palm Beach, you have the right to seek answers and financial recovery. A West Palm Beach medical malpractice lawyer with Frankl Kominsky Injury Lawyers can help you take that first step. Our team understands what you’re going through, and we’re here to fight for the support and compensation you need to move forward.
Key Takeaways
- Medical malpractice occurs when a healthcare provider’s negligence causes harm, such as through misdiagnosis, surgical errors, or medication mistakes.
- Victims in West Palm Beach may be entitled to compensation for medical bills, lost income, pain and suffering, long-term care needs, and more.
- Florida law requires strict adherence to a statute of limitations and a detailed pre-suit process, including expert medical review.
- Multiple parties can share liability for a patient’s injuries.
- Comparative fault rules may apply if the patient contributed to their harm, but partial responsibility doesn’t automatically disqualify compensation.
- Frankl Kominsky Injury Lawyers offers aggressive representation, a strong track record of results, and no fees unless you win.
Medical Malpractice: When Medical Professionals Fall Short
No one expects perfection from their doctors. But we do expect accountability when something goes wrong. Medical malpractice happens when a healthcare provider fails to meet the standard of care expected in their profession, and that failure causes serious harm.
Florida consistently ranks among the states with the highest number of medical malpractice claims. From misdiagnosed conditions to surgical errors and birth injuries, these incidents often leave patients with life-altering consequences. If this has happened to you, you’re not alone, and you’re not without options.
At Frankl Kominsky Injury Lawyers, we’ve seen the damage that medical negligence can inflict. That’s why we fight aggressively on behalf of our clients, holding negligent doctors, hospitals, and healthcare providers accountable for the harm they cause.
Why Medical Malpractice Victims Choose Frankl Kominsky
Frankl Kominsky Injury Lawyers has a long-standing reputation for aggressive representation and total legal excellence. With offices across South Florida, including our location in West Palm Beach, we are positioned to serve victims throughout the region.
Our attorneys understand the toll these injuries take on your body, your finances, and your peace of mind. We listen, we respond quickly, and we tailor our strategy to meet the demands of your unique situation. We’re proud to offer:
- Personalized legal support – You’ll never feel like a case number. We give every client the attention, time, and care they deserve.
- Decades of combined litigation experience – We understand how hospitals, insurers, and defense teams operate, and how to build strong cases in response.
- Track record of results – Our firm has secured significant verdicts and settlements for clients across Florida. We fight for meaningful compensation, not lowball offers.
- Recognition and awards – Our attorneys and firm have been recognized for excellence by respected legal organizations, reflecting our commitment to client success.
- Multilingual service – Our team is fluent in Spanish and Creole to serve the needs of our diverse South Florida community.
- No fee unless we win – We handle medical malpractice cases on a contingency fee basis. You owe us nothing unless we recover compensation for you.
- Skilled negotiation and trial advocacy – Whether your case is resolved through settlement or requires courtroom litigation, we’re prepared for both.
- Responsive, accessible communication – You’ll have direct access to your attorney and legal team throughout the life of your case.
Common Types of Medical Malpractice in West Palm Beach
Every case of medical malpractice is unique, but certain types of errors occur more often than others. These incidents may involve individuals or entire medical teams. In many cases, more than one party may be responsible for your injuries.
Diagnostic errors
Misdiagnosis or delayed diagnosis can lead to incorrect treatment, or no treatment at all. This often results in conditions worsening unnecessarily. Cancer, stroke, and infections are among the most commonly misdiagnosed conditions.
Surgical mistakes
Wrong-site surgery, retained surgical instruments, or performing a procedure on the wrong patient are all egregious errors that can occur in operating rooms. Even minor surgical errors can lead to life-threatening infections or complications.
Medication errors
Prescribing or administering the wrong drug or the wrong dosage can have dangerous or even fatal consequences. These mistakes can happen at any stage: during prescription, pharmacy fulfillment, or administration in a hospital.
Birth injuries
Labor and delivery are high-risk situations. A failure to monitor fetal distress, improper use of forceps or vacuums, or delays in performing a C-section can lead to conditions like cerebral palsy or Erb’s palsy.
Anesthesia mistakes
Errors in administering anesthesia, whether in dosage or patient monitoring, can lead to severe injuries, brain damage, or even death. These cases often involve a failure to properly assess the patient’s medical history or monitor them during surgery.
Infections due to poor hygiene or protocol breaches
Hospitals and surgical centers must follow strict infection control practices. When these are ignored, patients can suffer from hospital-acquired infections, sepsis, or other dangerous complications.
No matter what kind of medical error you or your loved one experienced, it’s worth having your case reviewed by a qualified attorney. If we find signs of negligence, we’ll work to pursue every avenue available for compensation.
What Your Lawyer Must Prove in a Medical Malpractice Claim
Medical malpractice lawsuits are often more complex than standard personal injury cases. To succeed, your claim must show that a healthcare provider violated their duty of care and that this violation directly caused your injury.
The four essential elements of a malpractice claim
- Duty of care – A formal relationship existed between you and the healthcare provider (such as physician-patient).
- Breach of duty – The provider failed to meet the accepted medical standard of care.
- Causation – This failure directly caused your injury or worsened your condition.
- Damages – You experienced physical, emotional, or financial harm as a result.
In Florida, these elements must often be supported by expert testimony from qualified medical professionals. Our firm works with seasoned experts to establish how your provider failed in their responsibilities and how those actions caused you harm.
How Florida Law Impacts Medical Malpractice Cases
Florida’s legal framework for medical malpractice cases includes several procedural requirements and deadlines. If you're considering a claim, knowing the state’s laws and how they might affect your rights can help demystify the legal process and what you can expect.
The statute of limitations
You generally have two years from the date the injury occurred or the date it was discovered to file a medical malpractice lawsuit in Florida. However, some exceptions apply that could affect the timeline of your case, particularly for injuries involving minors or cases where fraud or concealment was involved.
If you miss this deadline, the court will likely dismiss your case, and you may lose your right to compensation altogether.
Pre-suit requirements
Florida law requires potential plaintiffs to follow a detailed pre-suit process before filing a lawsuit. This includes:
- Notifying the defendant(s) of your intent to sue
- Obtaining an affidavit from a medical expert attesting to the provider’s negligence
- Participating in a 90-day pre-suit investigation period
While this process is meant to filter out unfounded claims, it also adds complexity. Our attorneys will manage every aspect of this process so you can focus on your health and recovery.
Comparative fault and shared liability
In Florida, more than one provider—and even the patient—can share responsibility for an injury. To resolve claims in which more than one party shares fault, the state follows a modified comparative negligence system. If the court finds that you were partially at fault, your compensation will be reduced by your percentage of responsibility, but you may still recover damages as long as you were less than 51% at fault.
This rule also applies when multiple providers contributed to the injury. We’ll work to identify every liable party and seek damages from each, ensuring your compensation reflects the full extent of your losses.
What Damages Can You Recover in a Malpractice Claim?
Medical malpractice can lead to overwhelming financial and personal costs. If your case is successful, you may be eligible to recover a wide range of damages.
Economic damages
These are the out-of-pocket costs you’ve incurred, such as:
- Past and future medical expenses
- Lost wages due to missed work
- Loss of future earning capacity
- Rehabilitation and long-term care
Non-economic damages
These compensate for intangible harms, such as:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
While Florida has removed most caps on non-economic damages in personal injury and wrongful death cases, certain restrictions may still apply depending on the facts of your case.
Who Can Be Held Liable for Medical Malpractice in Florida?
When you suffer harm from medical negligence, it’s not always clear who is legally responsible. Depending on the facts of your case, several parties may share liability.
Individual providers
This includes doctors, nurses, anesthesiologists, or pharmacists who directly contributed to the injury. Even a momentary lapse in judgment, such as misreading a test result or administering the wrong medication, can justify a malpractice claim if it causes harm.
Hospitals and medical facilities
A hospital can be held accountable for its own negligence or for the negligent acts of its employees. For example, failing to maintain sanitary conditions, neglecting to monitor a patient properly, or hiring unqualified staff can lead to direct liability.
Hospitals may also be held vicariously liable for the actions of employed healthcare providers acting within the scope of their employment. However, independent contractors, like many physicians, can sometimes complicate these claims.
Clinics, urgent care centers, and surgery centers
These facilities are often under-resourced or overburdened. When policies, staffing issues, or negligent protocols contribute to poor outcomes, they too may be liable under Florida law.
The experienced West Palm Beach medical malpractice attorneys at Frankl Kominsky Injury Lawyers work to determine whether the facility shares responsibility and how best to pursue compensation.
How Frankl Kominsky Injury Lawyers Builds a Strong Medical Malpractice Case
Medical malpractice cases require more than just evidence of injury. The injured party must prove that the harm was caused by a provider's failure to meet the accepted standard of care. Our team of trusted medical malpractice lawyers works diligently to build a compelling case from the ground up.
Comprehensive investigation
We begin by gathering all available medical records, treatment notes, test results, and communication logs. We also consult with trusted medical experts to analyze what went wrong and why it should not have happened.
Identifying every liable party
Some cases involve a single negligent act. Others involve a chain of events with multiple people and entities contributing to the final outcome. Our goal is to identify everyone who played a role so we can seek compensation from all responsible parties.
Strategic legal action
We navigate the pre-suit investigation, file all necessary documents, and work to resolve your claim through negotiation or litigation. Whether your case is resolved in a settlement or goes to trial, we’re prepared to advocate for you until we obtain the compensation you deserve.
Speak With a West Palm Beach Medical Malpractice Lawyer Today
At Frankl Kominsky Injury Lawyers, we know that a medical mistake can leave you feeling betrayed and powerless, but you don’t have to manage this process alone.
A key part of your recovery is obtaining the time, energy, and finances to recover from your injuries, rebuild your life, and move on. Our West Palm Beach medical malpractice attorneys can help you do all of that and still come out on top.
From day one, we’ll investigate the facts of your case, consult with top medical experts, and pursue every path to financial recovery. Whether the malpractice occurred in an emergency room, a private clinic, or a major hospital, our team is ready to step in and fight for your maximum compensation.
We’re proud to serve clients across West Palm Beach and surrounding areas—including Lake Worth, Riviera Beach, and Royal Palm Beach. If you’ve been injured by a healthcare provider’s negligence, don’t wait.
Call Frankl Kominsky Injury Lawyers today at (561) 800-8000 for a free consultation, or contact us online. We’ll listen to your story, explain your rights, and start building a legal strategy designed for results. Our staff speaks English, Spanish, and Creole, and we’re here when you need us.