Practice Areas Medical Malpractice

Boca Raton Medical Malpractice Attorney 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. A Boca Raton medical malpractice attorney at The Grife Law Firm helps 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 malpractice attorney 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: 

1. 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. 
2. The longer you wait to pursue your claim, the more difficult it may be to gather the evidence you may need. 
3. 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. 

Boca Raton Medical Malpractice Attorneys Assisting Victims of Anesthesia Medical Malpractice

When people undergo surgical procedures, they are typically given anesthesia. While anesthesia is critical for maintaining a patient’s comfort and safety, it is not without risk. When anesthesia is improperly administered, it can cause severe harm, and in some cases, the harm may be fatal. If you suffered injuries because of an anesthesia error, you should consult an attorney to discuss whether you may be able to recover compensation from the party that caused your harm. The knowledgeable Boca Raton medical malpractice attorneys at The Grife Law Firm have the experience required to help you prove that your care provider caused your harm. We frequently assist patients injured by anesthesia errors in cities throughout South Florida.

Common Anesthesia Errors

Anesthesiologists are required to administer an appropriate dose of anesthesia and carefully monitor a patient who is anesthetized. Anesthesia errors can happen when the anesthesiologist does not fully obtain or assess a patient’s medical history and fails to adjust the type of anesthesia or the manner in which it is administered to prevent complications. Errors also can arise when an anesthesiologist administers too little of the drug, which can result in pain or conscious memories of a surgical procedure. Meanwhile, if a doctor administers too much anesthesia, it can cause breathing problems, brain damage, and sometimes even death. An anesthesiologist may also inadvertently harm a patient’s esophagus, trachea, or mouth during the process of intubating or extubating the patient.

Proving Liability for Harm Caused by Anesthesia Errors

In Florida, many cases arising out of anesthesia errors assert claims against both the anesthesiologist who administered the anesthesia and the hospital where the procedure was performed. To establish that an anesthesiologist should be held liable for a plaintiff’s harm, an anesthesia error attorney in Boca Raton must prove that the anesthesiologist committed professional negligence. Professional negligence consists of certain elements. First, the plaintiff must show that the doctor had a duty to provide the same treatment and care that a reasonable doctor practicing in the same specialty would provide in a similar situation. Then, the plaintiff must show that the doctor departed from the standard of care. Finally, the plaintiff must show that the departure caused him or her to suffer measurable harm. In most cases, the plaintiff will be required to retain an expert to establish the standard of care, causation, and the extent of the plaintiff’s harm.

Whether a hospital can be held accountable for injuries caused by an anesthesia error depends to an extent on the nature of the relationship between the hospital and the anesthesiologist. A plaintiff seeking damages from a hospital often will assert that the hospital is liable for his or her harm under a theory of vicarious liability. Essentially, a vicarious liability claim alleges that the hospital employed the negligent anesthesiologist, and thus the hospital should be held accountable for any harm caused by the anesthesiologist in the course and scope of his or her employment. A plaintiff and their Boca Raton anesthesia error attorney may also allege that the hospital negligently hired or supervised the anesthesiologist. In other words, the plaintiff may argue that the hospital is directly responsible for the plaintiff’s harm, due to the hospital’s failure to thoroughly vet and supervise the negligent anesthesiologist.

A plaintiff pursuing claims against a hospital will need to establish the standard of care that applies to the hospital. Pursuant to Florida Statute 766.102(7), in a medical malpractice claim against a hospital, a person may testify as an expert on the standard that applies to non-clinical and administrative issues if the person has sufficient knowledge, gained through training and experience, of the standard of care that applies to the same type of hospital in a similar community.

About Delayed Treatment Lawsuits in Boca Raton

In the context of medical care, numerous factors must combine for a patient to achieve a good outcome. For example, patients must receive prompt treatment for chronic and acute conditions and injuries. Delays in treatment do not constitute mere inconveniences; instead, they lead to irreparable harm in many instances. If you sustained losses due to a doctor’s careless delay in providing you with the treatment that you needed, the doctor should be held accountable. At The Grife Law Firm, our Boca Raton medical malpractice attorneys are proficient at navigating the complexities of cases arising out of delayed treatment, and we have the knowledge and resources needed to help you pursue a successful result.

Damages Caused by Delayed Treatment

While obtaining a timely and accurate diagnosis is essential to maintaining a patient’s health, a diagnosis alone is not sufficient. Instead, many illnesses and conditions also require prompt treatment. For example, people suffering from heart attacks and strokes typically must receive immediate treatment to prevent further harm from occurring. Treatment delays should be avoided in patients who have cancer as well since they can allow the cancer to spread and eventually become terminal. Numerous chronic conditions, such as hypertension, hyperlipidemia, and hypothyroidism, can have devastating consequences if they are not treated in a timely manner. Many acute illnesses need immediate treatment as well. For instance, a delay in treating a patient suffering from a treatable illness like pneumonia or meningitis can have a devastating outcome.

Elements of a Lawsuit Arising Out of Delayed Treatment

Patients harmed by treatment delays have a right to seek compensation from the providers that caused their harm. Generally, a plaintiff in a Florida medical malpractice case must prove that the defendant committed medical negligence. This requires the plaintiff to demonstrate that the defendant owed the plaintiff a duty and that the defendant breached the duty. In a medical malpractice lawsuit, the duty that a defendant owes is the duty to provide treatment that meets the prevailing standard of care. Pursuant to Florida Statute 766.102, this standard is the degree of care, skill, and treatment that a reasonably competent doctor in the same specialty would provide when presented with the same situation.

The plaintiff must also prove that the evidence shows that the defendant’s breach directly led to the plaintiff’s harm. In other words, the harm suffered would not have occurred but for the defendant’s failure to provide treatment that complied with the standard of care. While the defendant’s actions or omissions do not need to be the sole cause of the plaintiff’s injuries, they must be a significant factor in causing them.

Pursuing Compensation for Harm Caused by Delayed Treatment

Plaintiffs who demonstrate that treatment delays caused them to suffer actual harm may be awarded economic and non-economic damages. Florida Statute 766.202 defines economic damages in medical malpractice cases as the financial losses that a plaintiff suffers that would not have occurred without the harm that triggered the filing of the lawsuit. These include past and future medical costs, lost wages, and loss of earning capacity. Statute 766.202 defines non-economic damages as non-financial losses that only arose due to the injury that is the basis of the lawsuit. Such losses may include suffering, pain, mental anguish, disfigurement, and inconvenience.

Boca Raton Emergency Room Errors

he emergency room is one of the last places where you hope to find yourself. When this kind of medical care and attention is needed, there is usually a severe health issue that may have a devastating or fatal outcome if it is not addressed in a timely fashion. While medical professionals are required to treat patients with a certain level of care, the fast-paced, crowded, and stressful nature of emergency rooms may lead to catastrophic errors on the part of medical professionals who work in this environment. At The Grife Law Firm, our Boca Raton medical malpractice lawyers can handle emergency room error cases on behalf of injured South Florida residents.

We have served as lead counsel in multi-million dollar litigation on behalf of injured patients. Our team understands just how painful and frustrating it is to be harmed because a health care provider failed to take the proper steps in treating you.

Bringing an Emergency Room Medical Malpractice Claim in Florida

Unlike some other states, Florida has very strict rules regarding what a victim must do before they may file a medical malpractice claim. This process is defined by statute and is known as the pre-screening process. Pursuant to Florida Statutes Annotated section 766.106, a victim of an alleged medical malpractice incident must obtain certain information and documents before proceeding with filing a lawsuit.

First, the victim must seek the opinion of a medical professional who practices in the same field and specialty as the potential defendant. The victim must obtain an affidavit from this expert, stating that they believe that the potential defendant treated the plaintiff in a negligent manner. Once the plaintiff has gathered this information, they must provide it to the potential defendant as notice of the impending lawsuit. Then, if the defendant does not respond with a denial, the matter will proceed to litigation. If either party wishes, they may ask the court to examine whether the other party had a reasonable basis for issuing the notice or its denial in response to the notice.

Establishing Negligence in an Emergency Room Error Lawsuit

If the matter proceeds to trial, the plaintiff must prove that the medical professionals who rendered treatment at the emergency room failed to provide the appropriate level of care. In general, medical professionals must act with the same care and skill as another competent medical professional with similar training in the same area of practice. Some examples of common emergency room errors include failing to adequately evaluate a patient, failing to respond in a timely manner to a patient, failing to provide a timely and accurate diagnosis, failing to call in appropriate medical and surgical consults, failing to order the appropriate tests, or failing to obtain test results in a timely manner.

After showing that the treating physicians or other medical professionals (such as nurses) failed to provide appropriate care, the plaintiff must demonstrate that this failure was the cause of their injuries. This usually requires testimony from an expert witness. According to Florida law, an expert witness must be a licensed medical provider and must complete a thorough review of the key medical records before being authorized to testify, among other requirements. Finally, the plaintiff will need to provide evidence substantiating the amount of compensation that they are seeking in the lawsuit, including missed wages, future medical care, and pain and suffering.

Doctors routinely prescribe medications to treat and prevent a variety of conditions. Before issuing a prescription, a doctor must evaluate a patient’s symptoms and medical history to determine the medication and dosage that will be most beneficial for the patient. When an appropriately prescribed medication is taken as directed, it can greatly improve a person’s health. Conversely, when a medication is prescribed or administered incorrectly, it can cause great harm to the person whom it was intended to help. If you sustained an illness or injury due to a medication error, you should meet with a trusted attorney to explore your legal options. The experienced Boca Raton medical malpractice attorneys at The Grife Law Firm can fight for your right to compensation.

About Medication Errors in Boca Raton

Doctors routinely prescribe medications to treat and prevent a variety of conditions. Before issuing a prescription, a doctor must evaluate a patient’s symptoms and medical history to determine the medication and dosage that will be most beneficial for the patient. When an appropriately prescribed medication is taken as directed, it can greatly improve a person’s health. Conversely, when a medication is prescribed or administered incorrectly, it can cause great harm to the person whom it was intended to help. If you sustained an illness or injury due to a medication error, you should meet with a trusted attorney to explore your legal options. The experienced Boca Raton medical malpractice attorneys at The Grife Law Firm can fight for your right to compensation.

Common Medication Errors

A medication error often occurs when a doctor fails to obtain or review a patient’s medical history thoroughly and prescribes a drug that is contraindicated due to another medication, an allergy, or a health condition, resulting in an adverse reaction. Medication errors also frequently occur when doctors prescribe the incorrect dosage of appropriate medication. If the dosage is too low, it may be ineffective, but if it is too high, it can cause extreme side effects. Moreover, a doctor may commit an error by failing to advise a patient of the potential side effects of taking a medication, which may lead to an injury. A failure to prescribe a drug in a timely manner may also be considered a medication error. Even if a doctor appropriately prescribes a medication, an error may nonetheless occur if the medication is improperly administered in a nursing home or hospital, or improperly disbursed by a pharmacist.

Lawsuits Arising Out of Medication Errors

A medication error attorney in Boca Raton can help a patient pursue a medical malpractice claim against the physician or other care provider who caused his or her harm. In most cases, the plaintiff will allege that the error was a result of negligence. Under Florida law, a plaintiff asserting that a medical provider is liable for negligence must establish that the provider had a duty to adhere to a standard of care, but the provider breached the duty. In cases arising out of medication errors, the duty owed is the duty to provide care commensurate with the care that a provider in the same field or specialty would have provided under a similar set of facts. Patients pursuing medical malpractice claims will likely need to engage an expert to establish the standard of care and the way in which the acts or omissions of the provider constituted a breach. The plaintiff must then show that the breach proximately caused the harm alleged. Put another way, the plaintiff must show that he or she would not have suffered damages if the provider had not breached the standard of care. Lastly, the plaintiff must prove that he or she sustained actual damages.

Damages Recoverable for Harm Caused by Medication Errors

The harm caused by medication errors can be costly to treat, and it can cause mental and emotional suffering as well. Therefore, a Boca Raton medication error attorney may be able to help people injured by medication errors recover both economic and non-economic damages. Florida Statute 766.202(3) defines economic damages as the financial losses that were caused by the plaintiff’s injury, which include medical expenses, lost wages, and loss of earning capacity. Non-economic damages, which are defined by Florida Statute 766.202(8), constitute the non-financial harm caused by the injury, including mental anguish, pain and suffering, and inconvenience.