Medical Malpractice Lawyers Serving Lake Worth
Lake Worth, Florida, is a beautiful coastal town in Palm Beach County. With its tropical climate and beautiful beaches, it's no wonder why so many people choose to call Lake Worth home. But what many may not know is that this picturesque town has a long history of medical malpractice lawsuits.
As a resident of Lake Worth, it's important to be aware of the potential risks of medical malpractice. Sadly, medical mistakes can cause serious injuries or even death to those receiving treatment. If a doctor, hospital, or other health care provider is negligent in their duties, then the victims of medical malpractice have the right to pursue legal action against them.
In addition to the potential physical harm that comes from medical malpractice, there can also be financial repercussions. For instance, a patient may suffer from lost wages due to being unable to work after receiving medical treatment. Medical bills can pile up quickly, leaving families struggling to pay for necessary treatments and medications. A medical malpractice suit can help victims recoup damages such as medical costs, lost wages, and pain and suffering.
In addition to knowing your rights if you are a victim of medical malpractice, it's also important to be aware of the statutes that affect how long you have to file a claim. Florida law states that victims of medical malpractice have two years from the date of the incident or when they became aware of it, whichever is later. It's important to contact an experienced attorney as soon as possible to ensure your rights are being protected.Medical Malpractice Vs. Nursing Negligence?
When discussing medical malpractice, it's important to note the distinction between medical malpractice and nursing negligence. The two terms are often used interchangeably, but there is a distinct difference between the two.
Medical malpractice occurs when a physician or other medical professional fails to adhere to accepted standards of practice, resulting in injury or death to a patient. This can include misdiagnosis, surgical errors, improper medication dosages, or other forms of medical negligence.
Nursing negligence is a form of medical malpractice that relates specifically to the care provided by nurses. This type of negligence can involve failure to properly monitor a patient's health, giving incorrect medications, or providing appropriate care in an emergency.
The consequences of medical malpractice and nursing negligence can be severe, leading to serious injury or death of a patient. As such, it is important to seek the advice of an experienced attorney if you believe you have been the victim of either medical malpractice or nursing negligence.How Do I File a Medical Malpractice Claim in Florida?
Filing a medical malpractice claim in Lake Worth, Florida, is a serious and complex process, but it is possible. Before filing a medical malpractice claim in Florida, you will need to prove that medical negligence was involved in your situation. To do this, you may need to provide the court with evidence that an injury occurred due to the negligence of a medical professional.
First, you must file a complaint with the Florida Department of Health's Division of Medical Quality Assurance. This department will investigate the claim and decide whether or not to move forward with filing a medical malpractice lawsuit. If the department decides not to pursue the case, you may still be able to file a lawsuit on your own in civil court.
When filing a medical malpractice claim, it is important that you have as much evidence as possible. This includes medical records, bills, and other documents relating to the incident. You will also need to provide testimony from qualified medical experts who can speak to the merits of your claim. The experts must demonstrate that the medical professional failed to meet the accepted standards of care and that their negligence caused your injury.
It is also important to note that medical malpractice cases have a strict statute of limitations in Lake Worth, Florida. If you don't file the claim within two years, your case's validity may be questioned.Who Are the Responsible Parties in A Medical Malpractice Claim?
In a medical malpractice claim, the healthcare provider is the responsible party. This could include doctors, nurses, pharmacists, hospital staff, and other medical professionals. These parties can be held liable for any harm caused to the patient and any costs associated with treatment due to their negligence.
In some cases, the institution that employs the negligent party may also be found liable. This could include a hospital or healthcare facility where the negligence occurred. In addition, third-party vendors, such as manufacturers of defective medical equipment, can be held liable in some cases.
It is important to note that each case is unique, and it is best to speak with an experienced medical malpractice lawyer to determine who is responsible for your situation. Your lawyer will be able to assess all the facts and evidence surrounding your case to make an informed decision about who should be liable for the harm you suffered.What is a "Respondeat Superior" and Independent Contractors in Medical Malpractice Claims?
Medical malpractice can be committed by various healthcare professionals, including doctors, nurses, medical technicians, therapists, and others. To ensure that a patient injured by medical malpractice can receive compensation, the legal doctrine of "respondeat superior" is applied.
Under this doctrine, the employer of a healthcare provider is financially responsible for any negligence or wrongful acts of their employees, even if the employer was not directly involved in the malpractice.
However, when it comes to medical malpractice claims, healthcare providers may also be considered independent contractors rather than employees. In such cases, the doctrine of respondeat superior will not apply, and the hospital cannot be held liable for the medical malpractice committed by the contractor. However, the independent contractor may still be liable for negligence or wrongful acts.
In addition, while the hospital cannot be held liable for the medical malpractice committed by an independent contractor, it can still be held liable for its negligence.
As a claimant, you must understand how these various legal doctrines and their relationships with healthcare providers can affect your rights and ability to receive compensation for your injuries resulting from medical malpractice.What Are Affidavits of Merit in Medical Malpractice Claims?
An affidavit of merit is an important document in a medical malpractice claim. It is a sworn statement from a qualified healthcare professional who attests that there is a valid claim based on the standard of care in the medical field. The defendant must provide the affidavit for the plaintiff to proceed with their case.
In Florida, a plaintiff must provide an affidavit of merit for any medical malpractice claim with damages of more than a certain amount of money. The affidavit must include information about the care that was given and how it falls below the standard of care in the medical field. This can include evidence such as the patient's medical records, expert reports, or other documents supporting the claim.
The affidavit of merit must also include information about the credentials and experience of the medical expert providing the testimony. The expert must be qualified to provide opinions regarding the standard of care in a similar medical situation. If a plaintiff fails to provide an affidavit of merit, their claim may be dismissed.
By providing an affidavit of merit, a plaintiff can help ensure that their medical malpractice claim has a better chance of success in court. Working with an experienced attorney is important to ensure all necessary documentation is included in the affidavit.Can I Sue for Patient Abandonment or Premature Discharge?
Patient abandonment or premature discharge can be considered medical malpractice in certain circumstances. To prove a medical malpractice claim, it must be shown that the medical professional acted negligently, injuring the patient.
Abandonment is when a doctor-patient relationship exists, and the physician abandons the patient without providing reasonable notice and making alternative arrangements for the patient's care. Premature discharge is when a doctor discharges a patient from the hospital or other facility before the patient has received appropriate treatment and care or before the patient has recovered.
If either of these have occurred to you and you believe it was due to negligence on the part of a medical professional, you may be able to pursue a medical malpractice claim. You will need to provide evidence that the medical professional failed to meet the expected standard of care, which resulted in injury or harm to the patient. It is important to speak with an experienced medical malpractice attorney as soon as possible to determine if you have a valid claim.What are Some of The Most Popular Defenses in A Medical Malpractice Claim?
When a medical malpractice claim is brought, the medical provider usually has a few different defenses available. In most cases, these defenses are used to prove that the medical provider did not cause harm to the patient. Some of the most common defenses in a medical malpractice case are:
- Lack of causation: This defense is used to show that the medical provider's action did not cause the harm that the patient suffered. In other words, even though the medical provider made a mistake, that mistake was not responsible for causing the injury or damage.
- Contributory negligence: This defense focuses on the patient's actions rather than those of the medical provider. If the patient contributed to their injury or damage somehow, this defense may reduce or even eliminate the amount of damages awarded to the patient.
- Res Ipsa Loquitur: This is a Latin phrase meaning "the thing speaks for itself." This legal doctrine states that when certain conditions are met, it can be assumed that the injury or damage was caused by negligence. The burden shifts from the medical provider to prove they were not responsible for causing the injury or damage.
- Statute of limitations: Under state laws, there is often a limit on how long a medical malpractice case can be brought. If a case is brought after this period has expired, it can be dismissed due to the statute of limitations.
- Statute of repose: This defense is similar to a statute of limitations, but instead of limiting when a case can be brought, it limits how long an injury or damage can be connected to a particular act or occurrence.
These are some of the most popular defenses used in medical malpractice claims. It is important to remember that every case is unique and different defenses may be available depending on the facts of your particular situation.Do Healthcare Providers for Claim Compensation Using Insurance or Out of Pocket?
When filing a medical malpractice claim in Florida, the question of who will pay for the compensation often arises. Depending on the situation, healthcare providers and their insurance companies can be held liable for damages resulting from their negligence. In some cases, a plaintiff may also be able to seek compensation from individual doctors or other medical professionals.
In cases where a healthcare provider is found to be liable for medical malpractice, they may be responsible for covering the cost of any related compensation. This could include medical expenses, lost wages, or pain and suffering. Typically, insurance companies are the ones that end up paying for the claim since most healthcare providers carry malpractice insurance.
If an individual doctor or other medical professional is found to be at fault, they may have to cover the compensation cost out of pocket. However, depending on their coverage type, their insurance company may also be liable for some or all of the costs.
It is important to understand the role of insurance companies in medical malpractice cases, as they may have a major impact on the outcome of the case. It is also important to remember that each case is unique, and it is wise to seek legal advice when considering filing a medical malpractice claim in Florida. An experienced attorney can help evaluate your case and determine which course of action would be most beneficial for you.Frankl Kominsky Injury Lawyers Medical Malpractice Attorneys Serving Lake Worth
If you believe you have a medical malpractice claim in Florida, it is important that you reach out to an experienced attorney as soon as possible. The medical malpractice attorneys at Frankl Kominsky Injury Lawyers are available to provide personalized legal counsel to individuals and families who have suffered an injury or death due to the negligence of a healthcare provider.
When selecting a medical malpractice attorney, it is important to do your research. Our team of knowledgeable Medical Malpractice Attorneys serving Lake Worth has experience handling various claims, including misdiagnoses, surgical errors, birth injuries, and more.
We understand the complexities of medical malpractice cases and can use our expertise to help you navigate the legal system. At Frankl Kominsky Injury Lawyers, we are committed to protecting the rights of our clients. We will do everything in our power to ensure you receive the justice and compensation you deserve.
We take pride in providing the highest quality of legal representation and will fight for your right to fair compensation. Our team of experienced attorneys understands that each case is unique and will work diligently to ensure your claim is handled correctly. We will investigate your case's details, explore your legal options, and explain the potential outcomes.
We will also work to ensure you are aware of all available forms of compensation, including punitive damages. If you have been injured by a negligent health care provider, contact Frankl Kominsky Injury Lawyers, medical malpractice attorneys serving Lake Worth at (561) 800-8000. We will provide compassionate and experienced legal representation throughout your case and fight for the justice and compensation you deserve.