We trust that our doctors and health care institutions will safeguard our health and make it a priority. But unfortunately, there are instances where a health care provider’s mistakes or negligence can have severe, life-altering effects.
Medical malpractice happens when a health care provider or doctor fails to act or makes a medical mistake. If you or someone you love was injured or impacted by medical error, contact the Boca Raton medical malpractice lawyers at Eltringham Law Group today. Our dedicated personal injury lawyers in Boca Raton will fight for your right to compensation after doctor negligence.
How do I Prove Medical Malpractice in Boca Raton?
Unfortunately, medical malpractice cases are highly involved. The most significant obstacle to overcome is proving the medical standard of care under your specific situation. Doctors and healthcare providers must follow a “medical standard of care.” This standard is defined as the type and level of care a reasonably competent professional would provide.
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. 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 that an at-fault party is liable.
- 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.
Suing for Medical Malpractice in Boca Raton, 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. Although all medical malpractice cases are different, here is the general overview of suing for compensation in a medical malpractice case in Florida:
- You or your attorney must first secure an affidavit from a doctor confirming that your illness or injury resulted from medical malpractice.
- 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.
Florida’s Medical Malpractice Laws
Each state, including Florida, has its own laws related to medical malpractice. To be awarded compensation in a medical malpractice claim, it’s important to first understand the malpractice laws in your state.
Your Time Limit to File a Medical Negligence Claim in Florida
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. The statute of limitations also does not apply to minors below the age of 8.
However, regardless of concealment or other factors, you must file a medical malpractice claim within seven years. A knowledgeable Boca Raton medical malpractice lawyer can ensure you comply with crucial legal deadlines, including the statute of limitations.
Medical Malpractice Damages Cap
According to Fla. Stat. § 766.118, there is a medical malpractice compensation cap at $500,000 for lawsuits filed against a doctor, surgeon, or another medical practitioner. There are some instances where the cap is raised, such as in wrongful death cases.
However, this cap only applies to non-economic damages, like pain and suffering. You may still be entitled to economic damages for medical bills, lost wages, and more. The malpractice damages cap is also debated and was ruled unconstitutional by the Florida Supreme Court in 2017.
Do I Need a Boca Raton Medical Malpractice Lawyer for My Medical Negligence Case?
When you’ve been injured because of medical malpractice, the last thing you need is to get bogged down in legal details. Medical malpractice lawyers handle the legal process for you, including investigating your case, gathering evidence to support your claim, negotiating with insurance companies, and representing you in court if needed. Medical negligence attorneys help ensure that you are rewarded a medical malpractice settlement that compensates you for your injuries and damages.
Our personal injury attorneys at Eltringham Law Group operate with a health-first mindset. Choose an experienced medical malpractice lawyer in Boca Raton to represent you following a personal injury or the death of a loved one due to medical mistakes or negligence, and you can expect the following:
- We offer virtual contact-free case reviews and free consultations with no obligations.
- We will conduct interviews, gather eyewitness accounts, consult experts, and collect evidence to support your medical malpractice claim.
- You will remain focused on yourself as you recover from injuries.
- You will receive compassionate care from personal injury lawyers that understand and sympathize with what you are going through.
- We don’t get paid unless you do.
Examples of Medical Malpractice in Florida
When a health care professional diverges from professional standards through omission or a negligent act, you may have a legal case for medical malpractice. There are many types of medical malpractice and negligence, such as:
- 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
These mistakes and negligence can result in life-altering or life-ending consequences. If you suspect medical malpractice, consult a malpractice attorney immediately to get the treatment you require and start building your case.
Damages You Can Claim As a Medical Malpractice Victim in Boca Raton
Medical malpractice affects all aspects of your life and can take a significant toll. In settlements, lawyers and insurance companies calculate damages based on the extent of your monetary and non-monetary suffering. There are two main types of damages in personal injury and medical malpractice claims: economic and non-economic damages.
- Economic damages include explicitly monetary damages, like medical bills and lost wages.
- Non-economic damages refer to perceived damages, like inconvenience, pain, and suffering.
If you suffered injuries due to medical malpractice, you might be entitled to compensation for both economic and non-economic damages. However, with Florida’s malpractice compensation cap and complicated laws, it’s important to contact a medical malpractice attorney in Boca Rotan to ensure the insurance company or hospital lawyers do not convince you to agree to a settlement that is much lower than the amount you deserve.
Who Can Be Held Liable in a Florida Medical Malpractice Case
For medical malpractice lawsuits in Boca Raton, you or your injury lawyer must prove that a medical practitioner or someone performing medical practices was responsible for your injuries. Many parties can be held liable for medical malpractice, including but not limited to:
- Hospital, urgent care, or dental office workers
In Florida, healthcare employers can also be held liable in medical malpractice cases due to vicarious liability. Vicarious liability means that a healthcare employer is liable for medical mistakes and negligence by their employees, as long as the malpractice occurred within the scope of the healthcare company’s authority.
With the help of a knowledgeable medical malpractice attorney in Boca Raton, you can determine liability and create a strong medical malpractice claim.
Call an Experienced Boca Raton Medical Malpractice Attorney Today
If you believe you’ve been the victim of a healthcare worker’s error at your hospital or private practice, you can speak to our team of personal injury attorneys in Florida. Our Boca Raton medical malpractice lawyers take every step necessary to represent your injuries and guide you each step of the way. We take a health-first approach that prioritizes your well-being, while we handle all the legal aspects of your medical malpractice lawsuit.