Medical Malpractice Lawyers Serving Tamarac
Medical malpractice claims can be an important tool for obtaining compensation for the damages caused by a healthcare provider's negligence. These claims are incredibly complex and require the expertise of an experienced attorney to navigate them properly. Knowing the basics of medical malpractice claims in Florida can help you if you or a loved one has suffered harm due to a medical professional's mistake.
Medical malpractice is a serious issue and can result in devastating physical, emotional, and financial damage. Filing a medical malpractice claim can provide victims with the monetary compensation they need to cover the cost of medical bills, lost wages, and pain and suffering. It can also hold negligent medical professionals accountable for their actions and help prevent future medical errors from occurring.
Ultimately, understanding medical malpractice claims can help protect you and your loved ones in case something goes wrong with your healthcare. With this knowledge, you can pursue compensation if you are ever injured due to a medical professional's negligence.What Are the Basics of Medical Malpractice Law in Florida I Need to Know?
Medical malpractice is negligence that occurs when a medical professional deviates from accepted standards of care and causes injury or death to a patient. In Florida, medical malpractice claims must adhere to the Florida Medical Malpractice Act. This act requires that all claims for medical malpractice be brought within two years of the date of injury.
Under the Florida Medical Malpractice Act, a plaintiff must prove that a medical professional's negligent act or omission caused injury or illness. To do so, they must prove the following:
- That the healthcare provider owed a duty of care to the patient.
- That the provider breached their duty of care.
- The breach of the duty of care caused an injury to the patient.
In addition to proving medical negligence, the plaintiff must also show that they have suffered damages as a result of their injury. These damages can include physical pain, emotional suffering, loss of income, and medical expenses.
Medical malpractice claims in Florida are also subject to certain damage caps. These caps limit the amount of damages a plaintiff can recover for pain and suffering and other non-economic damages.
It is important to note that in Florida, medical malpractice claims must be brought within two years from the injury or death or two years from the act or omission that caused the injury. If these deadlines are not met, then the claim may be barred.
When filing a medical malpractice claim in Florida, it is important to understand the law and hire an experienced medical malpractice lawyer who can help you navigate the complexities of the process.Medical Malpractice Definitions
"Med Mal" is the shortened form of "medical malpractice," which refers to a medical professional's failure to follow the standard of care and causing injury to a patient. Medical negligence is the act of not exercising reasonable care while treating a patient.
The Statute of Limitations (SOL) is the time limit an individual has to file a malpractice claim after discovering the injury. Damages are physical or mental harm an individual experiences due to a medical injury. Medical malpractice insurance helps protect healthcare providers against potential claims.
The Standard of Care is the legally required level of care a healthcare provider must give their patients. Proximate cause refers to the cause of an injury. Misdiagnosis is when a medical condition is mistaken for another condition or missed entirely. Improper treatment occurs when a medical professional provides the wrong treatment for a specific condition.
This can include a delay in diagnosis, wrong medication, or improper surgeries. A plaintiff must prove that medical malpractice has occurred and that the medical professional breached the standard of care and proximate causation.
That means they must show that the negligent act or omission of the doctor directly caused their injury. Additionally, it must be shown that the doctor would have acted differently if they had followed the appropriate standard of care.Florida Notice-of-Intent in Medical Malpractice Cases
In the State of Florida, a Notice-of-Intent is a legal document used to initiate a medical malpractice claim. The letter contains a detailed summary of the alleged negligence and/or breach of duty that occurred in the medical treatment.
The Notice-of-Intent must be sent to the doctor, hospital or other medical providers within two years of the date of the medical negligence and must include the name and address of the healthcare provider who caused the injury, the names and addresses of the persons involved, and a description of the medical negligence.
The purpose of this notice is to provide the healthcare provider with notice of a potential medical malpractice claim and to give the healthcare provider an opportunity to settle out-of-court before litigation begins. The Notice-of-Intent also serves as proof that the claimant has informed the healthcare provider of the allegations and has provided them with sufficient time to respond.
The Notice-of-Intent should be accompanied by a detailed statement of facts related to the medical negligence and/or breach of duty that occurred. This statement should include the date of the incident, a description of the injury, and any witnesses to the incident. It should also include an estimate of damages and an explanation of why you believe the healthcare provider was negligent.
Failing to file a Notice-of-Intent can have serious consequences for a medical malpractice case. A person who fails to file a Notice-of-Intent within two years of when they discovered or should have discovered their injury may be prohibited from filing a claim against the healthcare provider. As such, it is important for anyone considering a medical malpractice claim to speak with an experienced attorney as soon as possible to ensure their rights are protected.Can I File a Medical Malpractice Claim After the Statute of Limitation Has Lapsed?
In the state of Florida, there is a statute of limitations that applies to medical malpractice claims. This means that there is a limited period after an injury or death occurs during the course of medical treatment in which the victim can file a lawsuit against the healthcare provider responsible for their harm. In most cases, the window to bring a claim is two years from the date of injury.
It is important to be aware of this deadline, as filing a claim after it has expired will mean you cannot seek compensation for your losses. However, certain circumstances may extend this deadline, allowing you to make a claim even if you missed the initial two-year period.
If a person claiming medical malpractice was under the age of 18 at the time of injury or if they were mentally incapacitated, then the two-year period does not begin until that person turns 18 or regains mental capacity. Additionally, if a person claiming medical malpractice did not discover their injury until some time after the incident, the two-year period may begin when they realize they had been harmed.
When filing a medical malpractice claim in Florida, it is important to know the statute of limitations and any potential exceptions that may apply to your case. If you have been injured as a result of medical malpractice, it is important to consult with an experienced medical malpractice lawyer who can advise you on the best way to proceed and ensure that your rights are protected.Why Do I Need to Prove Duty of Care in a Medical Malpractice Claim?
Medical malpractice claims require proof of duty of care to succeed. Duty of care refers to a healthcare provider's obligation to provide reasonable medical care or treatment to their patients. In other words, it is the responsibility of a medical professional to exercise the same level of care that any other reasonably prudent healthcare professional would use in the same or similar circumstances.
To prove duty of care in a medical malpractice claim, you must show that the medical provider was negligent in their duties to you. In most cases, this shows that the healthcare provider did not take the necessary steps to provide adequate care or treatment. For example, if your doctor fails to order tests or make referrals or if they fail to provide a proper diagnosis, these could all be examples of negligence.
In addition to proving negligence, you also need to show that the medical provider's negligence was the cause of your injury. This means demonstrating that your injury would not have occurred had it not been for the healthcare provider's failure to meet their legal obligations.
It is important to note that the duty of care varies depending on the situation and the relationship between the patient and the health care provider. As such, it is important to understand the specific standard of care for your situation to properly establish duty of care in a medical malpractice claim.How Do I Find the Right Medical Malpractice Lawyer?
Finding the right medical malpractice lawyer can be a daunting task, especially considering the severity of the case. However, with some research and due diligence, you can ensure that you get the best legal representation for your medical malpractice claim.
First and foremost, it is important to find a lawyer specializing in medical malpractice cases. This ensures that the lawyer is knowledgeable about the law and the complexities of medical malpractice cases. You may want to ask potential lawyers if they have handled similar cases before or if they have dealt with a specific type of medical malpractice claim.
In addition, make sure to interview several lawyers before making your decision. Ask them about their experience with medical malpractice cases, how they handle a case, and whether they have any success stories. You should also inquire about their fees and any other costs associated with their services.
It is important to remember that selecting a lawyer is a personal choice and one should never feel pressured into selecting one. The right lawyer will be able to provide you with sound legal advice and help you navigate through the legal process successfully.What Damages Can I Recover in a Medical Malpractice Claim
When it comes to recovering damages in a medical malpractice case, the amount of compensation you can receive depends on the type of injury that has been suffered and the severity of the harm. Generally speaking, there are two types of damages you may be able to recover if you have a valid medical malpractice claim: economic and non-economic.
Economic damages, also known as compensatory damages, are intended to provide monetary compensation for out-of-pocket expenses associated with medical care, treatment and other medical costs. These expenses may include lost wages, medical bills, future medical expenses, rehabilitation costs, and any other costs related to the injury.
Non-economic damages are intended to compensate for physical pain and emotional suffering caused by the malpractice. Examples of non-economic damages may include emotional distress, loss of enjoyment of life, loss of consortium (companionship), disfigurement, and other intangible injuries resulting from the malpractice.
In some cases, punitive damages may also be awarded in addition to non-economic damages. Punitive damages are used to punish negligent healthcare providers and deter similar future behavior.
It is important to note that each state limits the amount of punitive damages a victim can receive in a medical malpractice case. For instance, according to Florida state law, victims cannot recover more than three times the amount of their compensatory damages or $500,000 – whichever is greater.
However, the total amount recovered cannot exceed $1 million. It is important to keep these state laws in mind when considering whether or not to file a medical malpractice claim.How Is The Value of My Medical Malpractice Compensation Determined?
When a patient has been wrongfully injured due to medical malpractice, they may be entitled to financial compensation. But how is the value of this compensation determined?
First and foremost, the extent of the injury must be evaluated. This includes analyzing any medical records or other evidence that can accurately demonstrate the severity of the injury. Medical experts may also be consulted to assess the impact of the injury on the patient's life.
The value of a medical malpractice claim is also based on the type of damages the plaintiff is seeking. Damages can include medical bills, lost wages, pain and suffering, and even punitive damages if applicable.
The financial losses incurred by the patient are also taken into consideration. For instance, any costs associated with ongoing treatment, modifications to their home to accommodate an injury, and other factors will all be factored into determining the value of a claim.
In addition to financial losses, courts also consider non-economic damages such as emotional distress, disfigurement, and disability. The duration of the injury and any long-term effects it may have on the patient's life will be evaluated to determine an appropriate level of compensation.
Ultimately, the determination of a medical malpractice settlement is determined by several factors. An experienced medical malpractice lawyer can help you to understand your rights and fight for the compensation you deserve.Who Is Not Eligible for Medical Malpractice Compensation?
Unfortunately, not everyone is eligible for medical malpractice compensation. In the state of Florida, certain criteria must be met to be eligible for compensation. Generally speaking, the party filing a medical malpractice claim must prove that the medical practitioner failed to exercise the same level of care and skill as another reasonably prudent healthcare provider would have under similar circumstances.
There are some scenarios in which a person may not be eligible for medical malpractice compensation, including:
- If you were already injured or ill prior to receiving the treatment in question.
- If the damages occurred due to an unforeseen risk associated with the treatment.
- If an unlicensed healthcare provider performed the treatment.
- If the damages were due to an act of God or other natural occurrences.
- If you signed an informed consent form that waived your right to seek damages for medical negligence.
When determining who is eligible for medical malpractice compensation, it is important to understand your case's specific facts and circumstances. An experienced medical malpractice lawyer can help review your case and determine if you have a valid claim.Frankl Kominsky Injury Lawyers Tamarac Medical Malpractice Lawyers Are Here for You
If you have been injured due to medical malpractice in Florida, it is important to seek legal counsel immediately. At Frankl Kominsky Injury Lawyers, we are experienced in handling medical malpractice cases in Tamarac, and we can help you get the compensation you deserve.
Our attorneys have experience in a wide range of medical malpractice cases, including misdiagnosis, negligence, surgical errors, birth injuries, and wrongful death. We understand the complexities of medical malpractice cases and can help you navigate the legal process.
We will review your case so you can make an informed decision about how to proceed. Our team will work closely with you to ensure that you understand the legal process and that all of your questions are answered. We also provide professional guidance throughout the process, from filing the initial complaint to obtaining a successful outcome.
At Frankl Kominsky Injury Lawyers, we have a long history of providing quality legal services to our clients in Tamarac. Our attorneys are dedicated to fighting for your rights and protecting your interests. If you have been injured due to medical malpractice, contact our office today at (561) 800-8000 to learn more about how we can help.