Boca Raton Medical Malpractice Attorneys Handling Serious Claims for Patients & Their Families
Medical malpractice encompasses a broad spectrum of potential claims. Given the complexity of modern medical treatment, there are multiple points in any given case where malpractice may have occurred, each of which requires a knowledgeable and experienced attorney who can identify what went wrong. Our medical malpractice attorneys help our clients get fair compensation for the following types of medical malpractice claims:
- Failure to diagnose/misdiagnosis claims are based on diagnostic errors. When doctors fail to correctly diagnose your medical condition, it can result in irreparable harm.
- Anesthesia errors are some of the most serious errors that can occur. They can result in asphyxia, heart attacks, strokes, or spinal injuries.
- Surgical errors are more common than many people realize. These can include operating on the wrong body part, performing the wrong procedure, or leaving a surgical instrument inside the body cavity.
- Birth injuries can result from a number of causes including failure to monitor the baby’s vital signs or misuse of birthing devices. Birth injuries can result in life-long disabilities, severe health issues, and even death.
- Emergency room errors happen in high-pressure environments but doctors and other healthcare professionals are still obligated to provide adequate care and are not immune from medical malpractice claims.
- Failure to timely perform surgery is often the result of delays in treatment. You may have a medical malpractice claim if your healthcare provider failed to perform your surgery in a timely manner.
- Medication errors including prescribing the wrong medication, the wrong dosage, or a medication that has a negative reaction to a medication you are already taking may entitle you to compensation.
- Pharmacy errors happen when professionals fail to fill the prescription correctly by mixing up medication or prescribing the wrong amount.
- Nursing errors occur when nurses fail to properly document their patients’ charts, provide the wrong medication, or otherwise fail to provide adequate care to their patients resulting in additional harm.
- Hospital errors can include screening doctors, nurses, and other staff to ensure that they have the necessary training, qualifications, and supervision. Florida hospitals are obligated to have adequate procedures and protocols in place in order to ensure that patients are receiving adequate care.
- Lack of consent before providing treatment is a type of malpractice. Healthcare providers are obligated to inform you of any risks such as potential side effects associated with the specific treatment. When they fail to obtain your consent after making these disclosures, they may be held liable for medical malpractice.
Our Boca Raton Medical Malpractice Attorney Team Answers Your Most Frequently Asked Questions, Everytime
How do I know if I am the victim of medical malpractice?
This is a difficult question to answer because medical treatment routinely involves some risk and rarely comes with a guarantee that it will be successful. Determining whether you have suffered as a result of medical malpractice involves a complex analysis of the facts and an understanding of how the law will apply to your case. Unlike most personal injury cases that are judged based on a “reasonableness” standard, medical malpractice cases are judged according to a “standard of care” laid out by Florida law.
What is the standard of care for Florida doctors and other healthcare professionals?
Florida law states as follows: “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
While this sounds straightforward, it is actually much more complicated in application. It means that the standard of care will be determined by what other healthcare providers with the same training and experience would do in the same situation. In other words, a general practitioner may not be held to the same standard of care as a specialist. Furthermore, where you are treated may also determine the standard of care, along with many other factors.
This is one of the many reasons why you should consult with an experienced Boca Raton medical malpractice attorney if you suspect you are the victim of malpractice. They can review your case and determine whether you may have a malpractice claim.
Can nurses and other healthcare professionals be held liable for medical malpractice or medical negligence?
Anyone who qualifies as a healthcare provider can be held liable for medical malpractice including doctors, nurses, medical assistants, and technicians. In many situations, you may have a claim against the entity that employs the provider such as the hospital, clinic, or medical practice. Many medical malpractice cases involve pursuing claims against more than one party, and failing to pursue the correct party can jeopardize your claim. A Boca Raton medical negligence lawyer can help you determine who and which parties should be held accountable if you have a malpractice claim.
Is there a deadline to pursue a medical malpractice claim?
Referred to as the “statute of limitations,” you must file a medical malpractice lawsuit within two years of discovering the malpractice. While there are exceptions to this rule, you should contact a Boca Raton medical malpractice attorney as soon as you believe you are the victim of medical malpractice for the following reasons:
- The deadline starts running from when you discovered or should have discovered the malpractice. This can be the subject of considerable debate, with the provider and their malpractice insurer arguing that you knew or should have known about the issue sooner.
- The longer you wait to pursue your claim, the more difficult it may be to gather the evidence you may need.
- Medical malpractice cases are complex and require considerable investigation and preparation. The longer your attorney has to prepare your claim, the more likely it will be successful.
Will I have to go to court for my claim?
Many malpractice claims settle before going to court. Cases where the facts are in dispute or that involve complex legal issues may need to be resolved through litigation. If your case has to go to trial, a Boca Raton medical malpractice attorney will work with you at length to ensure that you are fully prepared and comfortable with testifying.
What is my medical malpractice claim worth?
A Boca Raton medical malpractice attorney can provide an estimate of what your claim will be worth at your initial consultation. Generally speaking, however, you may be entitled to compensation for the following:
- Your current and future medical expenses
- Any lost wages including future lost income and lost earning capacity
- Your pain and suffering
It should also be noted that the Florida Supreme Court recently ruled that caps on damages in medical malpractice cases are unconstitutional. Punitive damages may be available in extreme cases.
Turn To A Boca Raton Medical Malpractice Attorney At The Grife Law Firm
No Fees Unless You WinIf you have been injured because of someone else’s careless actions on the water, you should contact a Boca Raton boat accident attorney at The Grife Law Firm to find out more about your legal options. We assist injured individuals throughout Broward and Miami-Dade Counties, including in West Palm Beach, Fort Lauderdale, and Miami. Call us at 855-998-0770 or contact us online to schedule a free initial consultation. We also are available to assist people who need a cruise ship accident attorney when they are injured on vacation.
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