Our health is the most important thing we have. We trust that our doctors and health care institutions will safeguard our health and make it a priority, undergoing every measure possible to ensure the best possible care. But, unfortunately, there are instances where a doctor or health care provider’s mistake can have severe and sometimes life-altering effects.
Medical malpractice happens when a health care provider or doctor fails to act or makes a medical mistake. Telltale aspects of medical malpractice court cases are negligence and recklessness. Therefore, if you or someone you know were injured by medical error, contact the Boca Raton medical malpractice lawyers at Eltringham Law Group today.
What Is Medical Malpractice in Boca Raton?
Doctors and health care providers are required to follow a “medical standard of care.” This standard is defined as the type and level of care that a reasonably competent professional would provide.
When a health care professional diverges from professional standards through omission or a negligent act, you may have a legal case for medical malpractice. Negligence may arise from the following:
- Surgical errors
- Failure to diagnose a condition or illness
- Failure to treat a condition or illness
- Failure to diagnose diseases or illnesses in a timely manner
- Failure to get a patient’s informed consent
- Medical errors
- Mistakes in aftercare
- Health management mistakes
Unfortunately, medical malpractice cases are highly involved. The most significant obstacle to overcome is proving the medical standard of care under your specific situation.
A medical malpractice lawyer in Boca Raton can help you identify how your medical professional failed to take appropriate action or knowingly provided the wrong care.
For a free legal consultation with a medical malpractice lawyer serving Boca Raton, call 561-944-6742
How Do I Sue for Medical Malpractice in Florida?
If you were subjected to substandard treatment, medical malpractice laws exist to provide a way for you to recover monetary compensation for injuries that may result.
To sue for medical malpractice in Florida, you or your attorney must first secure an affidavit from a doctor confirming your illness or injury resulted from medical malpractice.
Then, you’ll be required to inform the entity or person that you are initiating litigation and intend to sue. You will also need to include the affidavit that declares your medical malpractice claim.
Once the defendant receives the notice, they will have 90 days to respond. This process may lead to a settlement, though most medical facilities and healthcare workers will attempt to fight malpractice claims in court. During this time, the defendant may review medical records and collect evidence.
Once 90 days are up, you or your attorney can file a medical malpractice lawsuit; however, you must file it within Florida’s statute of limitations.
Boca Raton Medical Malpractice Lawyer Near Me 561-944-6742
What Is the Florida Deadline to File a Medical Negligence Claim?
Like every other lawsuit type, medical malpractice claims must be filed within its statute of limitations deadline. Unfortunately, if you fail to file within this time frame, you lose your right to compensation.
According to Florida statutes, you must file your medical malpractice claim within two years from the incident date. However, there are exceptions where your deadline could be extended. For instance, if the hospital administration or your doctor proactively attempts to cover up their errors, your statute of limitations period would begin when you discover your injuries.
However, regardless of concealment or other factors, you must file a medical malpractice claim within seven years. A knowledgeable Boca Raton medical malpractice attorney can ensure you comply with crucial legal deadlines, including the statute of limitations.
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Circumstances to Prove for Your Medical Malpractice Claim
Besides statute of limitations, medical malpractice requires you to prove the following conditions:
- Standard of care: Victims must prove that the minimum standard of care for treatment or diagnosis was not met.
- Liability: You must determine who is liable. Professionals that could be liable under Florida medical malpractice laws include:
- Surgeons, dentists, psychiatrists, physicians
- Nurse practitioners, midwives, physician assistants
- Podiatrists, social workers, occupational therapists, chiropractors
- Pharmacists, medical radiation practitioners, optometrists
- Hospitals, clinics
- Proving malpractice: Next, harm must have come to the victim as a direct result of the medical mistake. If you were injured and no act of negligence can be proven, a judge will likely dismiss your medical malpractice claim.
- Damages: Finally, you must prove that your injuries led to severe damages, including significant medical bills, hardship, excessive pain, suffering, loss of income, or disability.
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What to Expect When Hiring a Boca Raton Medical Malpractice Lawyer
When you’ve been injured because of medical malpractice, the last thing you need is to get bogged down in legal details. Our Boca Raton personal injury attorneys operate with a health-first mindset.
Choose a medical malpractice lawyer in Boca Raton to represent you following a personal injury or the death of a loved one, and you can expect the following:
- We offer virtual contact-free case reviews and free consultations so that you can receive answers to your questions and talk directly with an experienced malpractice lawyer about your expected outcomes and your rights.
- We will conduct interviews: During our investigation into your medical malpractice case, we’ll be contacting hospitals, attorneys, doctors, witnesses, police, insurance companies, and anyone else required to settle your claim. We’ll look into your claim thoroughly and build a strong case so that you have a better chance of being awarded compensation from insurance providers and related parties.
- You remain focused on yourself: Whether you are grieving, dealing with anxiety and stress, or recovering from injuries, you need time to focus on healing. Leave your case in the hands of a trusted law group that will fight for your rights.
- We don’t get paid unless you do: We work on a contingency fee basis which means you don’t have to spend money to hire us for your medical malpractice case. Instead, we are paid from your jury award or financial settlement.
Offering Guidance to Victims of Medical Malpractice in Boca Raton
If you believe you’ve been the victim of a healthcare worker’s error at your hospital or a private practice, you can speak to our team of personal injury attorneys. Our Boca Raton medical malpractice lawyers take every step necessary to represent your injuries and guide you each step of the way.
The attorneys at the Eltringham Law Group understand the pain and suffering, as well as the confusion that a medical malpractice case can cause. We’re here to address your questions and concerns with compassion and understanding. Contact us today for a no-obligation consultation.
Common Legal Questions About Medical Malpractice
What Is Medical Malpractice?
Medical malpractice is the act of negligent treatment by medical providers such as a hospital, doctor, or other health care professional that results in injury to the patient. Medical providers are expected to act in accordance with an accepted standard of practice; if the provider fails to do so, they could be held liable for all resulting injuries and damages.
What Are the Most Common Types of Medical Malpractice Cases?
While numerous situations could result in a medical malpractice case, the most common include misdiagnosis, surgical errors, failure to treat, birth injuries, and prescription drug errors.
How Do I Know if I Have a Medical Malpractice Case?
The only way to truly determine if you qualify for a medical malpractice case is to review the details with an experienced medical malpractice attorney at Eltringham Law Group. Our team will thoroughly review your case at no cost.
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We’re invested in your well-being. You don’t pay for our experience or services unless we get you a settlement. Contact us today to schedule a free review of your case.