FLORIDA MEDICAL MALPRACTICE ATTORNEYS

We often place unquestioned faith in our doctors, nurses, and other healthcare professionals.  We always expect to be treated with the utmost care and attention, trusting that our health and safety is placed above all else. Unfortunately, that is not always the case and even when their intentions are good, medical professionals may commit malpractice.

Medical malpractice includes any situation in which a doctor, nurse, or any healthcare professional administers improper care, deviating from the general standard of reasonable care. When a healthcare professional acts with such negligence, the patient or their loved ones may be entitled to compensation. 

WHAT ARE SOME EXAMPLES OF MEDICAL MALPRACTICE?

Medical malpractice can occur any time a patient enters a hospital, doctor’s office, or any type of healthcare situation. Any procedure has the potential of resulting in error, and mistakes happen. Medical malpractice can occur in various ways and may require the assistance of a medical malpractice attorney:

  • Improper administration of anesthesia

  • Medical device errors/failures

  • Misdiagnosis of symptoms

  • Delayed diagnosis 

  • Hospital and Emergency Room error

  • Surgical errors and complications 

  • Postoperative negligence

Medical malpractice is not limited to an emergency room or a hospital. Other forms of medical malpractice can include, dental malpractice, orthopedic malpractice, chiropractic malpractice, and even psychiatric malpractice.

DON’T DELAY IN CONTACTING A MEDICAL MALPRACTICE ATTORNEY

The Florida medical malpractice statute of limitations is tricky and has notice requirements that must be given to the healthcare practitioner before you are able to file a lawsuit. It is important to contact a medical malpractice attorney to discuss your situation, but most medical malpractice claims must be filed no more than two years from the time the plaintiff discovered the malpractice or reasonably should have discovered it.

Additionally, be aware that Florida law requires that a lawsuit be filed within four years from the date of the medical malpractice.  Under this law, it does not matter when the plaintiff knew of the harm caused.

PROVING A MEDICAL MALPRACTICE CLAIM

If you’re considering filing a medical malpractice claim, keep in mind that an experienced attorney can go a long way toward determining if you have a case and, if you do, advocating for your rights. (Make sure to act as quickly as possible, because as we established earlier, in Florida, there are strict time limits governing how much time you have from the date of the injury until the deadline to file a lawsuit.)

In order to prove your medical malpractice claim, your attorney must establish: 

  • Patient/doctor relationship: It must be proven that there was a physician-patient relationship with the healthcare professional.

  • Duty of care: Healthcare professionals are required to provide care within standards accepted within the medical community. They have a legal obligation to perform in the same manner that another professional in the same field and situation would.  

  • Breach of duty: Negligence occurs when healthcare professionals violate their duty of care to the patient. Your medical malpractice attorney must establish that the medical professional breached their duty and failed to act within the established medical care standard. 

  • Causation: The injured patient must prove that the healthcare professional’s breach of duty was the cause of their injury. Medical records, other documentation, and testimony may be used to show a causal relationship between the injury and negligence.

  • Damages: Injuries caused by the healthcare professional’s negligence may have caused injury, death and/or financial damages.

DAMAGES IN A MEDICAL MALPRACTICE CASE

Damages can be awarded to an injured patient or loved one for the pain, harm and suffering that they have endured at the hands of a healthcare professional’s negligence. These damages are awarded to help the victim recover economic and personal losses, along with aiding in repairing the victim’s suffering. 

Damages that may be recoverable include:

  • Medical expenses;

  • Loss of consortium; 

  • Lost wages;

  • Pain and suffering; and 

  • Loss of future earning capacity 

DO I HAVE A CASE FOR MEDICAL MALPRACTICE?

Situations involving your or a loved one’s health can be overwhelming. It can be difficult to determine whether or not a situation is worth pursuing a medical malpractice case. Sometimes, negative medical outcomes are unavoidable, and not every instance of a bad medical experience is medical malpractice. However, in the cases in which a healthcare professional’s negligent actions or inactions lead to injury or death, they should be held responsible. If you suspect that you or your loved one’s suffering was caused by medical malpractice, there are some things you can do: 

  • Collect your medical records. Patients have a right to obtain and review their own medical records. In those records, the actions or inactions of the medical team, as well as the patient’s symptoms, will be documented to offer a clearer view of how the situation unfolded.

  • Seek a second opinion. It is often helpful to have the word of another appropriate physician to support the victim’s claim that negligence occurred. Seeking advice from another medical professional adds a new perspective and furthers the amount of available information about your condition.  

  • Contact an experienced medical malpractice lawyer.  An experienced attorney can offer insight on your case and what to expect during the process. When you hire a lawyer, he or she can help build a strong, comprehensive case by examining your records, hiring expert witnesses, gathering evidence, filing court documents, negotiating with insurance companies, and preparing for court, if necessary.

HIRE A FLORIDA MEDICAL MALPRACTICE LAWYER RIGHT AWAY

The Law Office of Arye P. Corbett represents injured victims in Boca Raton, Fort Lauderdale, West Palm Beach, and all over the state of Florida. 

Contact our medical malpractice law firm today to discuss with a medical malpractice lawyer how we can help you pursue your medical malpractice claim. The Law Office of Arye P. Corbett is always here for you and will gladly come to you to meet in-person. Our consultations are completely free and require no commitment. We will discuss your options and rights, and decide together, what to do next.

We look forward to hearing from you.

Contact our office today by calling us at 561-948-3700 or by sending an email to arye@yourbocalawyer.com