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Medical Malpractice Lawyers Palm Beach County

If you or your loved one has suffered at the hands of a medical professional, it is crucial that you turn to medical malpractice lawyers Palm Beach County to help you out. Being a victim of medical malpractice can be devastating. However, you cannot just sit back. As you might sustain life-altering and life-threatening injuries, your entire life is likely to be adjusted.

When you decide to see the doctor, you would expect high-quality care to ensure that you remain healthy. Although this trust might be validated by some, there is a possibility that the healthcare professional you see fails to uphold his or her duty to deliver quality care. When negligent care or carelessness on part of the healthcare professional causes an injury, you have a right to reach out to the best medical malpractice lawyers. The attorney would recover compensation on your behalf. 

Since determining whether you are a victim of medical malpractice is not straightforward, it is important that you learn more about and consider speaking with a West Palm Beach medical malpractice lawyer. The fact is that a negligent doctor is unlikely to admit that they are to blame for a serious injury. Hence, your only option would be to let an attorney uncover the truth for you and help you decide if there is a need to take action.

Types of Medical Malpractice

When it comes to medical malpractice, your claim is likely to fit either of the following categories.

Emergency Room Errors

There has been a drastic increase in the number of emergency room errors across the United States according to the National Center for Health Statistics. Unfortunately, it has been observed that there are not as many emergency departments and the number has been decreasing. Emergency room crowding has also become quite common which is only causing more emergency room errors. Even though emergency rooms tend to be chaotic, the lack of resources puts patients in compromising situations. 

When you combine a high-pressure environment with an endless of patients, there are likely to be emergency room errors. Since medical experts would cut corners to treat patients quickly, mistakes are bound to happen. No matter what might be causing the staff members to make errors, they are responsible for providing proper treatment, accurate diagnosis, and excellent care to each patient. 

If you experience an emergency room error, the results would be life-threatening which is why you would have to take action. The hospitals in Palm Beach Country are also experiencing an increase in emergency room patients. Therefore, if you suffer due to an error, you should seek compensation for the loss incurred. For quick assistance, you can simply reach out to our Palm Beach Country medical malpractice law firm. 

Medication Errors

Patients in Palm Beach County can also suffer from medication errors. The thing about medication errors is that they tend to come in different forms. Even though the physicians have your best interest in mind, unexpected reactions or adverse reactions can be caused by medication. In addition to this, overdose, medical device failure, and pharmaceutical issues can also occur. Therefore, medication errors cover a variety of complications which is why you must seek Palm Beach malpractice attorneys to get the justice that you deserve. You cannot just sit back and waste time. Instead, you have to take action. In fact, you might suffer at the hands of a doctor, a pharmacist, medical staff, a nurse, a nursing home, a hospital, a healthcare clinic, a pharmacy, or a doctor’s office. The only thing that you can do is let an attorney take care of your case. 

The Complexity of Medical Malpractice Law in Florida

Since the laws that govern medical malpractice cases in Florida tend to be rather complex, you need a medical malpractice attorney to assist you every step of the way so that you can obtain fair compensation. There is no other way around it. You cannot expect to handle the case on your own. It is crucial that you realize that there are complicated and strict deadlines that have to be followed. Otherwise, your case would not be able to proceed and you would fail to get compensated despite the harm you might have endured. Moreover, you need to understand that there are various legal complexities and technicalities that only a dedicated medical malpractice attorney would be able to satisfy.

The truth is that medical and insurance companies have managed to lobby state lawmakers to enact legislation that makes it difficult for healthcare providers to be held accountable for errors made. It is due to this reason that you need to realize that the healthcare industry works in the favor of corporations rather than the victims. However, there is no need to worry because a medical malpractice attorney would be able to successfully navigate medical malpractice laws in Florida so that you get full compensation. The same cannot be expected if you go at it alone.

Importance of a Medical Malpractice Attorney

Similar to how you would want to go to a specialist for heart surgery, you have to turn to a medical malpractice attorney to ensure that you have a positive outcome. It is simply the right thing you need to do. You cannot just take on the work on your own. If you have suffered due to medical malpractice, it is in your best interests to reach out to a dedicated medical malpractice attorney to ensure that you have someone who knows how to handle a medical malpractice claim. The laws covering medical malpractice in Florida tend to be quite complex. This is why you have no option but to turn to an experienced medical malpractice attorney to ensure that you get the help you need. 

Statute of Limitations for a Medical Negligence Claim

If you think that you have a medical negligence claim, you cannot just sit back and do nothing. It is vital that you reach out to a medical malpractice lawyer. Waiting too long would result in you forgetting important details about the claim. This would make it difficult for you to establish liability and get the compensation that you deserve. Besides, medical malpractice cases take a great deal of time to bear fruit. Waiting too long to hire a medical malpractice lawyer would only prolong the amount of time that you would need to wait to get compensated for the damages. 

Moreover, you also have to know that anyone who wants to file a claim would have to do so within the deadline, also called the statute of limitations. The purpose of a statute of limitations is to set a time limit for anyone who wants to take legal action against medical malpractice. The statute of limitations for a medical malpractice claim in the state of Florida is two years from the date of the incident or from the date that the incident was discovered. But, you cannot file a claim under no circumstances if four years have passed from the date of the incident. It means that if you discovered the incident after 3 years, you would have a year left for filing a claim. We can help make sure that your claim is filed before the expiry of the statute of limitations. Hence, you can leave everything to us. 

Steps Taken Before the Medical Malpractice Lawsuit

There is no denying that it can be quite complicated to file a medical malpractice claim in the state of Florida. The law in Florida requires you to notify the prospective defendant by certified mail of your intention to file the lawsuit. You are legally required to send a notice of intent for initiating litigation. Otherwise, you would be unable to file the lawsuit. 

The following information must be included in the notice of intent. 

  • A list of the healthcare providers who offered treatment after the injury. 
  • The healthcare providers who have provided treatment for two years before the negligence. 
  • Copies of relevant medical records for filing the claim.
  • An opinion from a verified medical professional stating that the defendant had been negligent and is responsible for the injuries sustained. 

After you have sent the notice of intent, the defendant would have up to 90 days to respond. During this time, the defendant or their insurance provider would conduct an investigation for determining the liability for the injuries. The following activities can be expected from the investigation.

  • A contract with a local or state professional society of medical professionals for a review.
  • Discussion with a lawyer who specializes in negligence claims. 
  • An internal review by the claims adjuster.

The defendant would issue any of the following responses before the time expires. 

  • Offering a settlement.
  • Rejecting the claim. 
  • Agreeing to an arbitration.

When your medical malpractice attorney receives the response, they would go through it with you and explain the following. 

  • The terms and conditions of the settlement offer include the admission of liability.
  • The financial and legal consequences of rejecting or accepting the settlement offer. 
  • The amount of time it would take for the lawsuit to proceed and your chances of success.
  • The attorney fees that you will have to pay in case your claim heads to trial.

The medical malpractice attorney would advise you to ensure that you make the right decision. Keep in mind that you will have up to 60 days for filing a lawsuit after you receive a response from the defendant or before the expiry of the statute of limitations. 

How to Prove Medical Malpractice?

In order to prove medical malpractice, the following conditions have to be met.

1. Doctor-Patient Relationship

The first thing that you have to prove is that a doctor-patient relationship exists. You must show that you had agreed to get treated by a medical expert. If you have received treatment, the doctor-patient relationship would already be established regardless of whether an agreement was made or not with the medical professional.

2. Standard of Care/Duty

After you have established that there was a doctor-patient relationship, the next thing that needs to be established is a duty of care. It is a legal obligation for providing care in accordance with the standards set by the medical community. 

3. Breach of Duty of Care

After the duty of care has been established, there is a need to prove that the medical expert failed to meet their obligation.

4. The Breach Caused the Injury

The next condition that needs to be met is that the breach is responsible for the injury. It tends to be the most difficult aspect of a medical malpractice lawsuit. However, an experienced medical malpractice attorney would know how to use expert testimony and medical records for proving that the injuries had been sustained due to a breach instead of any other factor. Even though the defense would focus on a preexisting medical condition or claim that the injury took place after the medical treatment, the attorney will make sure that the breach of duty is highlighted. 

5. The Injury Caused Damages

Lastly, there is a need to prove that the injuries led to you incurring medical expenses, lost wages, and pain. To claim these damages, you will require a personal account of the injuries, doctor’s notes, employment records, and the medical opinion of an expert. Hence, you will need to turn to an experienced medical attorney to get the results that you are looking for. 

Hire the Best Medical Malpractice Lawyers in Palm Beach County, Florida

To make sure that you or your loved one is compensated for medical malpractice, you need to reach out to The Injury Firm today. Our medical malpractice attorneys have been in the industry for decades and know how to deal with medical malpractice claims. You can rest assured that we will compile all the evidence and defend your rights so that you get compensated. It is important that you do not delay making a decision. All you have to do is schedule a consultation so that we can guide you. 

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1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

 

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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