Were you recently injured in a medical malpractice accident in Boca Raton, FL? Our experienced Boca Raton medical malpractice lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (561) 368-3363 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Boca Raton, FL law offices to discuss the legal options that might be available to you following your medical malpractice injuries. The next steps are very important. Let Shiner Law Group help you with your medial malpratice accident case today.
Were You Injured In A Medical Malpractice Accident In Boca Raton?
Florida is listed in the top five regarding medical malpractice payouts in the United States. This is attributed to the high rates of medical negligence in outpatient, specialist care, and hospital settings. If you are injured, neglected, or mistreated by a surgeon, nurse, doctor, or another liable party, you can file a medical malpractice claim to receive compensation.
In this situation, it’s extremely important to protect yourself and your rights by hiring a Boca Raton medical malpractice lawyer. Our team can help you with your case and work to help you get the compensation deserved for your injuries and damages.
Defining Medical Malpractice in Boca Raton
Medical malpractice, also called medical negligence, is any negligent action by a nurse, doctor, or another medical professional that results in the injury or death of a patient. This includes situations where the medical professional failed or did not act, which resulted in negligence by not providing reasonable care.
Medical negligence can occur in several ways and in any medical setting, including outpatient settings, specialist care services, surgical rooms, family practices, emergency rooms, and hospitals. The main element that unites all medical malpractice cases is negligence, which means the medical standards of care were breached.
Every medical professional has a duty of care to patients that require them to follow strict care standards to ensure their patients’ well-being is protected and to ensure patients don’t suffer preventable or unreasonable harm.
Medical negligence occurs when this duty of care is breached. Suppose a medical professional does not adhere to the medical standards of care. In that case, it is considered a liability issue that may result in a legal claim if the negligence can be linked to the injury or death of a patient.
Liability in Medical Malpractice Cases in Boca Raton
Liability for medical errors and other malpractice cases depends on the nature of the incident, the medical professionals involved, and the setting of the incident.
Some of the liable parties in Florida medical malpractice cases include:
- Medical device manufacturers
- Nurse practitioners
This list includes any medical professional who acts (or fails to act) in a manner that results in illness, injury, or their patient’s death. These individuals can be held responsible and face the consequences of medical negligence.
Boca Raton Medical Malpractice Laws
Florida medical providers and healthcare workers must adhere to national standards of care and must adhere to the standards in all specialty areas.
In situations where medical malpractice has taken place, the Florida Department of Health has the authority to enact disciplinary action against the medical professionals who are found guilty.
The main laws that impact medical malpractice cases in Boca Raton include the following:
Florida Three Strikes Law
In 2005, Florida enacted a “three strikes” law. This law requires any medical practitioner in the state who is found guilty of medical malpractice three or more times in five years lose their license to practice medicine in the state.
Medical Malpratice Statute of Limitations
In Florida, the statute of limitation for medical malpractice is two years from when the plaintiff knew or should have been aware of an injury from the medical incident.
It’s worth noting that injuries in these cases are not always clear on the day they happen. While some issues are noticed right away, it can take weeks or months for others to appear.
A wrongful death claim for medical malpractice in Florida is restricted to two years, as well, from the time when the accident was discovered or occurred.
Florida also has a statute of repurpose. This states that injured patients have four years after the incident to file a lawsuit against a medical or healthcare provider.
There are some exceptions to the statutes and are determined on a case-by-case basis. They include:
- Birth injuries
- Cases related to concealment, misrepresentation, or fraud
How to File a Boca Raton Medical Malpractice Claim
A few elements to a medical malpractice case must be present to file a claim against the liable parties. It is highly recommended that you reach out to our experienced team and hire our Boca Raton medical malpractice attorney to ensure you get the compensation deserved for your case and situation.
While legal guidance is recommended, it’s also important to know the elements of any medical malpractice claim. These include:
- Standard of Care Violation: As a plaintiff, you must be able to prove a violation of medical standards of care took place by one or more individuals in a medical setting. This is also called a breach of duty of care.
- A Causal Link to the Injury: As a plaintiff, you must prove the malpractice occurred due to one or more injuries that would not have happened if proper treatment had been provided.
- The Consequences of the Injury: As a plaintiff, you must prove you experienced consequences due to your injuries. This includes things like effects on your physical health, high financial costs, effects on your psychological health, and other areas of your livelihood.
All medical professionals must also adhere to the standards of care on a natural level.
Potential Damages Awarded in Medical Malpractice Cases
A medical malpractice situation can have serious and devastating effects on your livelihood and the lives of your family. This is particularly the case if the medical error was so significant that it resulted in permanent disabilities, illnesses, or even death.
When you file a medical malpractice claim, the purpose is to provide victims (and surviving family members) the chance to recover compensation for any losses sustained because of the malpractice situation. This is provided in the form of damages, which may be economic or non-economic.
The damages awarded in a medical malpractice case may be compensatory, or in some situations, punitive (which means they are given to punish the at-fault party). When someone in Florida receives a judgment of malpractice against them, they may have their license revoked or even lose professional society membership.
The compensatory damages awarded are given as monetary compensation based on your current losses and the future losses the injury is likely to cause.
Common damages that are awarded in a Florida medical malpractice claim include:
- Pain and suffering
- Medical expenses
- Home accommodations
- Current and future treatment expenses
- Loss of companionship in cases of wrongful death
- Lost wages
- Permanent disability
- Loss of earning capacity
- Loss of enjoyment of life
- Mental anguish
Before 2016, there were caps on the damages you could receive. However, in 2017, this changed with the Florida Supreme Court ruled the caps were unconstitutional.
Common Causes of Medical Malpractice Claims in Boca Raton
Our Boca Raton medical malpractice lawyers are dedicated to your case and have decades of combined experience. While this is true, some cases are more common than others. These include:
Failure to Diagnose
This occurs if a patient tries to get advice from a medical professional, but the medical professional cannot find or diagnose the ailment. This may occur because they don’t run the proper tests or ask the right questions. Sometimes doctors ignore patients’ complaints as well or fail to take complaints seriously.
Delaying a Diagnosis
Like failing to diagnose, this relates to medical professionals eventually diagnosing a patient properly. However, the delay may cause a more serious condition or fatal disease.
Some diseases have similar symptoms. If a doctor fails to conduct enough tests, they may diagnose a patient with the wrong condition. This results in unnecessary procedures and medication that are not right for the person’s condition.
Postoperative negligence is another type of medical malpractice. Once a patient is out of surgery, the care given is essential to their survival. Some examples of post-op negligence include urinary tract infections, viral infections, internal bleeding, necrotizing fasciitis, pulmonary embolism, blood clots, MRSA infections, Staph infections, and sepsis.
This includes injuries to the infant or mother during pregnancy, the delivery, and directly after the delivery. Birth trauma can be caused by excess pressure or force to the baby’s body or head, oxygen deprivation to the baby, C-section complications, infections, and physical or cognitive-emotional problems for the infant. Most birth injuries are preventable if proper care is provided.
Postpartum Recovery Negligence
Every year, hundreds of women in Florida and across the country experience postpartum complications that result in death. About 66% of these deaths can be prevented. The postpartum period covers from the time the baby is born until eight weeks after they are delivered.
Surgical mistakes refer to errors that should never occur to a patient, like operating on the wrong person, the wrong body part, or leaving something inside a person’s body after surgery. While most doctors follow the proper rules to avoid these issues, they do happen and give you grounds to file a medical malpractice claim.
Medication is often needed to treat conditions and ailments. The right medications can help to save lives. However, it is when they are given incorrectly that issues arise. From dispensing the wrong dosages to prescribing the wrong meds, medication errors can lead to medical malpractice claims.
Misread Ultrasounds, X-Rays, and MRIs
These tests are an important tool for doctors to diagnose their patients. If these are misread, serious injuries or illnesses may occur, resulting in more serious health conditions.
Anesthesia mistakes may be lethal to some patients, so the right steps and care must be taken when administering these drugs. Patients given a drug they are allergic to, or a combination of drugs that react poorly with one another can cause an overdose or even death. The improper use of and faulty equipment and machines is another common mistake that may cause injuries or harm.
Contact a Boca Raton Medical Malpractice Attorney for Help Today
Suppose you or someone in your family experiences a medical error or negligence and are injured or die because of it. In that case, it is possible to file a medical malpractice claim and receive compensation. It is best to retain the services of our legal professionals to help ensure you get the compensation you deserve.
Our team of Boca Raton medical malpractice attorneys can help ensure your case is heard, and we will advocate for you to help you get the compensation deserved. Contact us today to schedule a free consultation or to discuss any questions you may have about your case or situation with an injury attorney. Our goal is to help you make a full recovery and receive the compensation you deserve for the injuries and damages you suffered at the hands of a medical professional.
Boca Raton Medical Malpractice Lawyer Review
Boca Raton Medical Malpractice Law Office
Shiner Law Group
301 Yamato Rd. STE 4100
Boca Raton, FL 33431