Medical Malpractice Lawyers Serving Royal Palm Beach
The Sunshine state is home to some of the most beautiful cities in America. With the perfect, all-year-round weather, the appeal to living in Florida is one many people can relate to. Royal Palm Beach is one of Florida's most popular and populated cities.
Ensuring that the residents are healthy, medical care is a top priority in Royal Palm Beach. With this comes the danger of medical malpractice. Medical malpractice is a serious issue that affects thousands of Floridians every year.
When medical professionals act negligently or recklessly, patients can be left with serious injuries and life-altering disabilities. These injuries can sometimes lead to long-term pain, suffering, and even death. It is important to be aware of the laws governing medical malpractice in Florida to protect yourself and your loved ones.
Unfortunately, most people don't realize the danger posed by medical malpractice until it is too late. Everyone needs to not only know but to understand the signs of negligence. In knowing this, you can take the necessary steps to ensure you get the care you deserve.What Are Some Common Examples of Medical Malpractice?
Medical malpractice is defined as any negligent act or omission by a healthcare professional in the provision of medical care that causes injury, harm, or death to the patient. Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis: When a doctor fails to diagnose an illness or condition correctly or when they fail to diagnose it in a timely manner, this can lead to further complications or even death.
- Birth injuries: When a doctor or other healthcare professional fails to take appropriate measures to ensure a safe delivery, they may be liable for resulting birth injuries.
- Surgical errors: Surgery comes with several risks, and when a doctor fails to take the necessary precautions, it can result in serious complications, such as infection, blood loss, organ damage, or even death.
- Medication errors: Taking the wrong type or dose of medication can lead to serious side effects and can even be fatal.
- Anesthesia errors: Administering too much or too little anesthesia can lead to dangerous outcomes.
- Lack of informed consent: When a doctor fails to provide a patient with all the facts about a procedure before performing it, they may be liable for any resulting harm.
It is important to remember that medical malpractice isn't limited to these few examples; if a healthcare professional breaches their duty of care, they can be held responsible for any resulting harm. If you believe that you or a loved one have been the victim of medical malpractice in Florida, it is important to contact an experienced attorney immediately.Can I Sue If My Health Provider Did Not Tell Me About the Risks of a Procedure?
To successfully sue your health provider for not informing you of the risks associated with a procedure, you must be able to prove that the provider had a duty to disclose the risks. Generally, this duty is established if the doctor knows or should have known of the risks and failed to inform you.
Additionally, the risks must be material and significant enough that a reasonable person would want to be informed to decide whether to proceed with the procedure.
Furthermore, you must show that had you known the risks beforehand, you would have chosen not to go through with the procedure or opted for an alternate course of treatment. Finally, it must be established that your current medical condition was caused by the lack of information provided by your doctor.
If all these elements are present, you may have grounds to bring a medical malpractice claim against your healthcare provider for failing to inform you of the risks associated with a procedure. An experienced attorney can review your case and advise you on your legal options.Can I Sue If My Doctor Violates HIPAA Laws?
If you believe your doctor has violated the Health Insurance Portability and Accountability Act (HIPAA) of 1996, you may be able to sue. HIPAA is a federal law designed to protect the privacy of individuals' medical records. HIPAA violations can include using or disclosing patient information without consent, protecting patient records adequately, and safeguarding patient data.
If you think your doctor or another healthcare provider has violated your HIPAA rights, you should consult an experienced medical malpractice attorney. The attorney can review your case and advise you on the best course of action. Depending on the circumstances, you may be eligible to seek compensation for any damages you have suffered as a result of the HIPAA violation.
Damages may include medical bills, pain and suffering, emotional distress, and lost wages. It is important to act quickly if you believe your HIPAA rights have been violated, as there are strict time limits for filing a lawsuit.Can I File a Claim Against State-Run Hospitals?
If you or a loved one have been injured as a result of medical malpractice in a state-run hospital, you may be able to pursue a claim against the state. Each state has different laws regarding filing claims against state-run hospitals, and it is important to research your state's laws before proceeding.
In general, filing a claim against a state-run hospital requires filing a notice of claim with the appropriate government agency within a certain amount of time.
In some states, this process can be done online; other states require that the notice of claim be sent through certified mail. If your claim is accepted, you will typically need to provide evidence of negligence and damages.
Depending on the circumstances of your case, it may be necessary to hire an attorney to assist with filing a claim against a state-run hospital. An experienced attorney can help to ensure that all of your rights are fully protected and that you receive the compensation you deserve for your losses.Can I Sue if a Doctor Denies Me Treatment?
If you feel that a doctor has denied you appropriate medical care, you may be able to pursue a medical malpractice claim in Florida. Legally, all patients are entitled to receive the appropriate standard of care from doctors and other healthcare professionals.
When planning to file a claim, you need to determine whether or not the doctor had a reasonable basis for denying treatment. However, this can be tricky to do. The main reason is doctors are allowed to make professional judgments about how best to treat patients. But, if it can be proven that the doctor denied you care without reasonable justification, then you may be able to pursue a medical malpractice claim.
The next step is to gather evidence. It is important to get records of all medical visits and treatments related to the denial of care. Additionally, it is important to find witnesses who can testify that the doctor denied care without reasonable justification. Finally, it is important to document any damages sustained due to the denial of care, such as out-of-pocket expenses, lost wages, pain and suffering, and any other losses incurred.How Many Claims Can I File at The Same Time?
In Florida, the maximum number of claims that you can file at the same time is three. If a patient has suffered an injury due to medical malpractice, they can pursue a claim against more than one healthcare provider. However, they cannot pursue more than three claims simultaneously.
It is important to note that each medical malpractice claim must have its independent cause of action to be pursued successfully. Discussing each claim's details with your medical malpractice attorney is important when filing multiple claims. They will advise you on whether or not you should pursue a claim and, if so, how many claims you should file at the same time.
When filing multiple medical malpractice claims, it is also important to consider the amount of damages sought. If too many claims are filed, the damages sought may be too large for a single provider to pay out in one lump sum. In this case, it may be necessary to split the damages across multiple providers or negotiate a settlement agreement to ensure that all parties involved are adequately compensated for their losses.
The decision of how many medical malpractice claims to file in Florida should not be taken lightly. Speak with a knowledgeable medical malpractice attorney to ensure that you are pursuing the right number of claims and that they are properly prepared and litigated.Under What Circumstances Can't I File a Claim?
When it comes to filing a medical malpractice claim in Florida, there are certain circumstances that may bar a plaintiff from recovering damages. First and foremost, plaintiffs must be able to show that the healthcare provider's negligence caused their injuries.
If it can be proven that the injury would have occurred regardless of the healthcare provider's negligence, then it is unlikely that a successful claim can be made. Additionally, if a person is injured as a result of their intentional conduct or because they assumed the risk of an injury, they cannot make a medical malpractice claim.
Another thing to consider when filing a medical malpractice claim in Florida is the statute of limitations. A statute of limitations is a law that sets a specific amount of time for legal action. In Florida, medical malpractice claims must be filed within two years of the injury occurring. Claims not filed within this timeframe will be considered barred, and the plaintiff will not be able to recover any damages.
Florida also has a "cap" on damages for medical malpractice claims. This means that any damages awarded in excess of the cap are not recoverable. Currently, the cap is set at $500,000 per claimant in medical malpractice cases, though there is an additional cap of $1 million per incident
It is no secret that the legal process of filing a medical malpractice claim in Florida can be overwhelming. It would help if you had a proper understanding of any and all potential issues and barriers to recovery. This is essential to ensure a successful case. Knowing when you can and cannot file a claim can help you make the best decisions regarding your case and give you the best chance of receiving a favorable outcome.How Do I Find the Right Attorney?
Finding the right attorney to help with your medical malpractice case in Florida is essential. You will want to make sure you choose someone who is experienced in handling these types of cases and knows the law in the state of Florida.
The first step in finding an attorney is to do your research. Look into the lawyers who currently practice in medical malpractice in your state. Read through their reviews and ask friends and family for recommendations. If possible, meet with the attorneys to get an idea of how they will handle your case and what kind of results you can expect.
Once you've narrowed down your list of potential attorneys, it's important to ask the right questions. Understanding their experience, fees, and track record in medical malpractice cases is important. It is also important to ensure that they are licensed to practice in the state of Florida. Additionally, ensure they are willing to provide references or testimonials from past clients.
In addition to finding a qualified attorney, it's important to find one who understands the specifics of your case and has the resources available to fight for your rights. The right attorney can build a strong case, strategize your case effectively, and negotiate with the insurance company for a fair settlement.
Finding an experienced attorney who understands medical malpractice law and has a track record of success is critical when filing a claim in Florida. With the right legal team on your side, you have a better chance of getting justice and obtaining the compensation you deserve.What Should I Expect During the Litigation Process?
The litigation process can prove intimidating, but it is an important part of your claim. This process is where you get to know and understand what goes on behind the doors of your medical malpractice case.
Step one of this process is reviewing your claim with an experienced lawyer. The lawyer will determine if there is a valid claim for medical malpractice. Validity of your claim will involve gathering all necessary evidence, including medical records and witness statements, to determine whether the care provided fell below an acceptable standard.
If the attorney believes you have a valid case, they will advise you on the best course of action, which may involve filing a lawsuit against the healthcare provider. Once the lawsuit is filed, the defendant will have an opportunity to respond. At this point, both sides will enter into negotiations to reach a settlement or set the matter for trial.
Before going to trial, the parties may attend mediation, where a neutral third-party attempts to facilitate a resolution of the dispute. If a settlement is not reached at mediation, then the case will proceed to trial. During the trial, both sides will present their evidence and testimony, after which the judge or jury will render a verdict.
After the verdict is rendered, either party may file an appeal. The appellate court may agree with the lower court's decision or modify or reverse it. If no appeal is filed, the verdict is final, and both parties must abide by its terms.
No matter how complex your case may be, it is important to remember that the litigation process can be navigated with the help of an experienced medical malpractice attorney. An attorney can help you understand each step of the process, protect your rights, and give you the best chance of achieving a favorable outcome.Hire a Frankl Kominsky Injury Lawyers Medical Malpractice Lawyers serving Royal Palm Beach
If you are looking for an experienced legal team to represent your medical malpractice case in Royal Palm Beach, look no further than Frankl Kominsky Injury Lawyers. Our experienced and professional staff will be able to help you throughout the entire process of filing a claim and collecting a settlement.
We understand that medical malpractice cases can be complex, time-consuming, and emotionally draining, so we are here to make the process as easy and painless as possible. We have extensive experience representing clients with medical malpractice cases and deeply understand the laws governing these cases in Florida.
We will explain to you what your rights are and how you can best protect them. We will also assess the value of your case and negotiate with insurance companies on your behalf. The medical malpractice attorneys at Frankl Kominsky Injury Lawyers take pride in their personalized attention to each of our clients, and we are committed to helping you get the compensation you deserve.
With our knowledge of Florida medical malpractice laws and our commitment to personal attention, we can help you through this difficult time and get you the settlement you need to cover medical bills, lost wages, and emotional pain and suffering. Contact us today at (561) 800-8000.