West Palm Beach Medical Malpractice Lawyer
Doctors are professionals that most people fully trust to deliver high-quality care and prescribe treatment that works. At the very least, no one expects to suffer harm at their doctor’s hands. Yet, this is sometimes what happens when a doctor commits an act of medical malpractice. If you or a loved one has been harmed by medical malpractice, our West Palm Beach medical malpractice lawyer can help you to recover the settlement you deserve. Call us today to learn more.
What Is Medical Malpractice?
Medical malpractice does not refer to a doctor or another healthcare professional simply making an error; instead, medical malpractice occurs when a healthcare professional breaches the medical standard of care. The medical standard of care is the same degree of care that another medical professional of similar education, background, and training would demonstrate in a similar circumstance. Examples of medical malpractice might include:
- Medication mistakes, such as prescribing the wrong medication, administering the wrong dosage of medication, etc.;
- Surgical errors, including operating on the wrong patient, failing to sanitize equipment leading to infection, leaving surgical equipment within the patient, etc.;
- Misdiagnosis or delayed diagnosis;
- Treatment errors;
- Failing to refer a patient to a specialist; and
What Is a Medical Malpractice Claim?
A medical malpractice claim is a civil action in which a plaintiff seeks to hold a healthcare professional liable for the harm that they have suffered. In order to win a medical malpractice suit, a plaintiff must be able to prove that the doctor in question breached the standard of care owed to them, and that the breach was the direct cause of harm. If you can prove that malpractice occurred, you can seek damages for:
- Economic damages, such as your additional medical expenses, lost wages related to the injury, treatment and therapies, etc.; and
- Noneconomic damages, including pain and suffering.
While Florida once capped the amount of noneconomic damages recoverable in a medical malpractice suit, the Florida Supreme Court ruled the cap unconstitutional in 2017.
Statute of Limitations on Medical Malpractice Actions
A medical malpractice claim against a healthcare provider must be brought quickly–if more than two years pass from the date that the act of malpractice is discovered, then a plaintiff will be barred from recovery. As found in the statute, in no event shall the case be brought more than four years after the date the malpractice occurred.
Get Help with Your Medical Malpractice Claim Today
Bringing forth a medical malpractice claim can be intimidating and complex–there are some additional rules pertaining to medical malpractice claims, such as the requirement to file a notice of intent, of which you may not be aware. At the office of Smith, Ball & Báez Injury Lawyers, our West Palm Beach medical malpractice law firm understands what you’re going through and how much getting compensation matters. Call us today or send us a message for a free consultation and an overview of your options.
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