Medical Malpractice Lawyer Serving Delray Beach
Medical malpractice occurs when a healthcare provider (a doctor, nurse, or other medical personnel) fails to provide care in accordance with accepted standards of practice in the medical community. When this failure results in injury or death to a patient, the healthcare provider can be held liable for medical malpractice.
Medical malpractice can take many forms but generally involves one of four areas: improper diagnosis, improper treatment, failure to warn a patient of known risks, and breaches in patient confidentiality. Improper diagnosis is when a healthcare provider fails to correctly diagnose an illness or condition, leading to harm to the patient
Improper treatment refers to a healthcare provider using an incorrect treatment, not providing the proper treatment, or providing unnecessary treatment. Failure to warn a patient of known risks means that a healthcare provider did not properly advise the patient of potential risks associated with their treatment or condition. Lastly, breaches in patient confidentiality are when a healthcare provider shares confidential information about a patient without their consent.
In all of these cases, the healthcare provider must have failed to meet the accepted standard of care in the medical community. The injured patient may have grounds for a medical malpractice claim if that is established.Statute of Limitations on Medical Malpractice Claims in Florida
Medical malpractice claims in Florida are subject to a two-year statute of limitations. That means you must file your medical malpractice lawsuit within two years of the alleged act or omission of care. This two-year window begins to run from the date of the medical incident, not from when you discovered the injury or realized that it was caused by negligence.
In Florida, you may be able to toll, or extend, the statute of limitations for filing a medical malpractice lawsuit under certain circumstances. For instance, if you are a minor or incapacitated adult at the time of the medical error, then the statute of limitations may be tolled until the minor or incapacitated individual is 18.
It's important to note that the statute of repose in Florida also limits when medical malpractice suits can be brought; this law gives a physician, hospital, or other healthcare providers a maximum of four years of protection from medical malpractice lawsuits.Types of Medical Malpractice
Medical malpractice is a broad category of negligence or wrongdoing by healthcare providers or facilities. When medical professionals fail to meet the accepted standards of practice and someone is injured, they may be held liable for damages in a medical malpractice lawsuit.
The following are the most common types of medical malpractice:
- Misdiagnosis or failure to diagnose – One of the most common forms of medical malpractice is when a doctor fails to properly diagnose a condition or illness, either by missing the symptoms, misinterpreting test results, or failing to refer the patient to a specialist for further testing.
- Treatment errors – This occurs when a doctor prescribes the wrong medication or provides improper care during surgery. It can also include performing unnecessary, inappropriate procedures or tests for a particular condition.
- Birth injuries – When a doctor fails to provide appropriate prenatal care or does not respond adequately during labor and delivery, it can result in birth injuries that range from mild to severe.
- Anesthesia errors – Anesthesia errors can be deadly and can occur if a doctor administers too much or too little anesthesia, administers the wrong type, or fails to monitor the patient's vital signs during and after the procedure.
- Medication errors – This can occur when a doctor prescribes the wrong medication, fails to check for drug interactions, or administers an incorrect dosage.
- Emergency room errors – These can occur when doctors fail to diagnose a serious medical condition, make treatment mistakes, or don't act quickly enough in responding to an emergency.
- Failure to obtain informed consent – Before any medical procedure is performed, a doctor must obtain informed consent from the patient, which means explaining all of the risks and benefits of the procedure. If this step is skipped or not done properly, it could be considered medical malpractice.
It's important to understand that just because something went wrong during your medical care doesn't necessarily mean that you have a case for medical malpractice. To make a successful claim, you will need to prove that your injury was directly caused by negligence on the part of the healthcare provider.How Do I Know If I Have a Case?
If you think you or a loved one has been the victim of medical malpractice, you need to take action. The first step is determining if you have a valid medical malpractice claim.
To do this, you must prove that a healthcare provider's negligence caused your injury or harm. The key elements in a medical malpractice case are duty, breach of duty, causation, and damages.
- Duty: You must prove that the healthcare provider owed you a duty of care. This includes a doctor-patient relationship or other professional healthcare relationship.
- Breach of Duty: You must prove that the healthcare provider breached their duty of care by not following their profession's accepted standards of practice. This is usually determined by consulting other healthcare professionals who can testify as expert witnesses in court.
- Causation: You must prove that the breach of duty caused your injury or harm.
- Damages: You must be able to demonstrate actual losses due to the injury or harm caused by the breach of duty. This can include physical, psychological, or economic damages such as pain and suffering, lost wages, or medical bills.
If all four elements of a medical malpractice claim are present, you may have a valid case. It is important to consult with an experienced medical malpractice attorney to assess your potential case and discuss your options.How Much Is My Case Worth?
When filing a medical malpractice claim, one of the biggest questions that come up is, "How much is my case worth?" Unfortunately, there is no definite answer to this question as the amount you may receive depends on many different factors.
When determining how much your case may be worth, your lawyer will look at the circumstances of your case, including the severity of the injury, the negligence of the healthcare provider, and any financial losses you have suffered as a result.
Sometimes, you may receive compensation for medical bills, lost wages, and pain and suffering. If you have sustained a serious injury due to medical malpractice, you may also receive punitive damages if it can be proven that the healthcare provider was grossly negligent.
To determine how much your case may be worth, it is important to speak with a knowledgeable medical malpractice attorney. An experienced attorney will be able to review the details of your case and provide you with an estimate of what you may be entitled to. A lawyer can also explain how any settlement or jury award will be determined and help you understand the legal process.How Much Does It Cost to Hire an Attorney?
When considering whether or not to pursue a medical malpractice claim, the cost of hiring an attorney is often one of the primary concerns. The amount you'll be asked to pay will depend largely on the facts of your case and how much work the attorney will need to do to pursue it.
Most medical malpractice attorneys typically offer either a contingency fee agreement or an hourly fee arrangement. With a contingency fee agreement, you agree to pay your lawyer a percentage of any money recovered from the lawsuit.
That percentage is generally between 33% and 40%. On the other hand, hourly fees are charged for each hour the lawyer works on your case. The amount you'll be asked to pay can vary widely, depending on the particular lawyer and the complexity of your case.
In addition to attorney fees, other costs may be associated with a medical malpractice claim. These include court filing fees, expert witness fees, deposition fees, and other legal costs. Most lawyers will cover these costs upfront but will require you to reimburse them if you win your case.
If you're considering making a medical malpractice claim, discussing the cost of legal representation with your lawyer before you sign an agreement is important. By doing so, you can ensure that you understand exactly what you'll be responsible for paying and that it fits within your budget.How Long Will It Take to Settle My Case?
The amount of time it will take to settle a medical malpractice claim varies significantly depending on the specifics of your case and the courts in which it is filed. Generally speaking, however, most medical malpractice claims take anywhere from two to five years before they are resolved.
In some cases, such as if you and the responsible party (usually an insurance company) agree to a settlement outside of court, the process can be much shorter. In these cases, the resolution can be reached within months or even weeks. However, the timeline can be much longer if the case goes to trial or mediation.
The entire process can be divided into several stages. First, you must file a claim against the responsible party. Depending on the state in which your case is filed, this step could take several months or more.
Next, you and your lawyer must collect evidence and build your case. This may involve interviewing witnesses, gathering medical records, and consulting with experts in the field. Depending on the complexity of your case, this step can take months or even years.
Finally, a verdict or settlement is reached once all the evidence has been gathered and both sides have presented their arguments in court (or mediation). If your case goes to trial, the process of presenting evidence, making arguments, and waiting for a verdict can take several months or more. In a mediated settlement, however, an agreement may be reached much faster.
It's important to remember that every medical malpractice case is unique, and the timeline for settling it depends on many factors. Discussing these issues with your lawyer is best to get an accurate estimate of how long it will take to resolve your case.What Are the Chances of Winning?
When it comes to medical malpractice cases, the chances of winning can vary depending on the specifics of your case. If you believe that a medical professional or facility has failed to provide you with the appropriate standard of care, it is important to speak to an experienced medical malpractice lawyer who can advise you on the potential success of your claim.
Generally speaking, most medical malpractice claims are successful when there is clear evidence that a medical professional breached their duty of care and caused harm.
However, determining negligence can be difficult, as medical malpractice cases often require a thorough review of medical records and testimony from expert witnesses. This means that success is not guaranteed, and you may face an uphill battle if the defense presents a strong argument against your claim.
Additionally, some states have laws limiting how much you can recover from a medical malpractice claim, regardless of how strong your evidence may be. Therefore, it is important to seek advice from an experienced lawyer who is familiar with the laws in your state and can help you determine your chances of success in court.What If I Lose?
If you lose your medical malpractice case, there is no guarantee that you will be compensated for your losses. However, if your lawyer believes in your case, they may be willing to take your case on a contingency basis. This means that you would only have to pay your lawyer if you win your case. If you lose, you won't owe anything.
It is also important to remember that even if you lose, you may still be able to appeal the decision. Your lawyer can help you determine if there are grounds to appeal the ruling and what steps you need to take to do so.
Additionally, it's important to remember that even if you lose your medical malpractice case, it doesn't necessarily mean that you weren't wronged or that the healthcare provider wasn't negligent. It simply means that you couldn't prove your case in court. Other options may be available if you still want to seek justice for what happened.What Are the Defenses of Medical Malpractice?
When a medical malpractice claim is brought against a healthcare provider, several defenses may be used to dispute the claim. These defenses will vary from case to case but generally involve one of the following:
- The medical professional was not negligent. This means that they did not fail to provide a reasonable standard of care, and their treatment was appropriate, given the patient's condition.
- The injury or harm was caused by something other than the medical professional's negligence. This may include an underlying medical condition or a risk associated with the treatment that the patient accepted.
- The medical professional followed accepted standards of care and practices, but the patient still suffered harm or injury. This is known as the "learned intermediary doctrine," which states that the medical professional informed the patient of the risks associated with the treatment and that the patient willingly accepted those risks.
- The statute of limitations has passed. In most states, a medical malpractice lawsuit must be filed within a certain period after the injury. If this deadline is missed, the claim will likely be dismissed.
It is important to remember that these defenses are not guaranteed to succeed, and it is up to a jury or judge to decide if any of them apply in a particular case. An experienced medical malpractice attorney can help you determine which defenses may apply and how to best approach your case.Hire A Frankl Kominsky Injury Lawyers Medical Malpractice Lawyer serving Delray Beach
If you believe you have been the victim of medical malpractice, it is important to seek legal representation from a skilled medical malpractice attorney. Frankl Kominsky Injury Lawyers serving in Delray Beach, Florida, has an experienced team of medical malpractice attorneys dedicated to helping those injured by medical negligence.
At Frankl Kominsky Injury Lawyers we serve the Delray Beach area and we understand the devastation and pain that can be caused by medical malpractice. Our attorneys will provide you with knowledgeable advice about your options for legal recourse and compensation for any damages you have suffered due to medical negligence. We offer personalized service and will carefully review your case to ensure we are prepared to present your best interests in court.
Our attorneys have experience in medical malpractice law, including cases involving birth injuries, misdiagnosis or delayed diagnosis, prescription errors, surgical errors, anesthesia errors, and more. Our team is well-versed in the complex regulations surrounding medical malpractice cases and will fight to protect your rights and get you the compensation you deserve.
We understand that filing a medical malpractice claim can be intimidating, so our lawyers are here to guide you every step of the way. We will answer any questions you may have about the process and ensure that you are kept informed about the progress of your case. Our goal is to provide a stress-free experience so that you can focus on recovering from your injury and getting back to living your life.
If you believe you have been a victim of medical malpractice, contact us today at (561) 800-8000 for a consultation with one of our experienced attorneys. Our team will do everything possible to help you get justice and the compensation you deserve.