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Medical malpractice is a legal term when a doctor, nurse, or other health care provider administers care that is below the generally accepted proper standard of care that causes injury to the patient. This can also include instances in which a health care provider failed to act or did not act in the same manner that another medical professional with the same training would have.
A doctor, physician, or other practitioners licensed to practice medicine in Boca Raton has to use the degree of skill, care, and diligence that reasonably prudent practitioners would use in similar circumstances.
If it is proven that a medical provider’s lack of skill, gross omissions, or negligence caused harm to a patient under their care, this will give rise to a medical malpractice claim.
Florida law provides recourse when a medical professional violates their legal duties and leaves you injured. However, these negligence claims are not without challenges, as plaintiffs have the burden of proof. The state also has procedural requirements, underscoring the need for an experienced Boca Raton medical malpractice attorney.
If you suspect medical negligence on the part of a provider or hospital, it’s crucial to choose a law firm that can protect your best interests. The Boca Raton personal injury lawyers at Kogan & DiSalvo can help ensure you know what to expect during the claims process and fight for the strongest settlement possible based on the facts and evidence of your case. En Español.
Medical malpractice takes many forms. Whenever a patient walks into a hospital, doctor’s office, or other healthcare facilities, they take a small risk. Procedures can go wrong including infections or incomplete recovery. However, you cannot sue for malpractice just because your condition worsened while under medical treatment.
Medical malpractice claims are usually, but not always, filed for these types of negligence:
Medical malpractice does not have to happen in a doctor’s office or a hospital. Other types include dental malpractice, chiropractic malpractice, OB-GYN malpractice, orthopedic malpractice, and psychiatric malpractice. While these claims can provide victims with compensation for their hospital bills and losses, the process is daunting without the guidance of a qualified Boca Raton attorney.
When patients have been injured due to improper or negligent care, they may be able to file a lawsuit against the doctor, hospital, or medical facility. To file a medical malpractice case in Boca Raton or anywhere in Palm Beach County, the patient must be able to demonstrate the following four elements:
Florida ranks third in the nation for the number of medical malpractice claims, following California and New York. In 2020, malpractice insurance carriers shelled out nearly $700 million to resolve doctor and hospital negligence claims in the Sunshine State. This represents a significant increase over the $356 million paid out in 2018. Recent data indicates that 62 percent of Florida medical malpractice claims were filed against physicians, 16 percent against other medical practitioners, 7 percent against hospitals, and 16 percent for other types of healthcare facilities. Besides wrongful death, the top cause of action in these malpractice claims were debilitating injuries that necessitate lifelong care.
According to Public Citizen, a consumer rights watchdog, thousands of Florida physicians have been disciplined by the State Medical Board for prescription drug errors, substandard care, ethical lapses, and other offenses. However, many have been allowed to continue their practice without serious repercussions.
When preventable medical mistakes cause the wrongful death of a loved one, the surviving family often considers litigation to attain closure and some measure of justice. In Florida, the surviving family may believe they have a justifiable right to compensation for mental anguish and the loss of companionship and parental guidance. But unfortunately, the state has passed legislation that strictly limits who has the right to monetary compensation in a wrongful death caused by medical negligence.
Under the Florida Wrongful Death Act, fiancés, legal partners, siblings, grandchildren, and other relatives do not have the right to recover damages for wrongful death. Florida statute narrowly defines “survivors” in malpractice wrongful death claims.
The law states that if the decedent was over the age of 25 at the time of their death and had no spouse or minor children, no other family members can seek damages by filing a malpractice claim. This means that only the decedent’s spouse and minor children (under the age of 25) can sue for wrongful death compensation.
Eligible survivors can seek money damages for losses such as:
If you are considering filing a malpractice suit against a Florida hospital, our attorneys can determine the validity of a legal claim and the best course of action.
A hospital may be liable for malpractice committed by its employees under various scenarios. If the healthcare provider was performing their job-related duties when the injury occurred, patients could generally sue for hospital negligence. It might be possible for victims to sue a hospital if their injuries were caused by a non-employee doctor who worked as an independent contractor. However, it must be proven that the hospital knew or should have known the physician was incompetent.
Here are some examples of when patients may be able to sue for hospital negligence:
From your initial consultation to final claim resolution, our lawyers will advocate for you on a no-win, no-fee basis, so there is no financial risk for seeking justice in a hospital negligence lawsuit.
Every year, some 100,000 Americans die or are permanently harmed due to a diagnosis that was either delayed or missed completely. A failure to diagnose is the basis of many medical malpractice claims in Florida.
The most obvious outcome is an undiagnosed condition getting markedly worse and untreatable. For instance, cancer that steadily spreads requiring more invasive treatment. A failure to timely diagnose may even affect the prognosis or level of recovery once the ailment is correctly identified. According to AARP, up to 80,000 people die annually in U.S. hospitals from diagnostic failures.
Data indicates the following conditions as the most missed diagnoses:
A medical malpractice claim in Florida can seek monetary compensation for economic and non-economic damages. Our law firm works diligently to document all losses–including past and future hardships–to maximize the value of your settlement or court award.
Economic damages may include but are not limited to:
Victims of medical malpractice can also pursue compensation for less tangible losses, known as non-economic damages. After a debilitating injury, some of the most significant suffering is often hard to quantify. However, a loss of quality of life, emotional anguish, and the inability to perform activities that were once enjoyed are no less significant than lost income and wages. Fortunately, Florida no longer caps the amount of non-economic damages in medical negligence cases, allowing plaintiffs to seek full redress for:
Our malpractice lawyers can identify and track these losses through detailed investigations, documents, and depositions from medical experts, plaintiffs, and family.
Every medical negligence case is unique. When assigning a monetary value to non-economic damages, the following factors will be considered:
Boca Raton residents trust their medical negligence claims to Kogan & DiSalvo for many reasons. Our dedicated attorneys and support staff believe that legal victories are attained through meticulous preparation, hard work, and attention to detail. We are a boutique law firm that takes pride in offering personalized client support through each step of the legal process. We forge genuine relationships with our clients and leverage every resource to obtain the justice and compensation deserved.
Some key advantages of choosing our firm:
Florida imposes a filing deadline, known as the statute of limitations, for bringing a medical malpractice lawsuit. Patients generally have two years to take legal action. However, this deadline is tolled in situations where a hospital or medical provider actively tried to conceal their mistakes. In this scenario, a claimant would have two years from the date their injuries were discovered.
Failing to comply with the Florida statute of limitations leaves victims without recourse. Moreover, once the deadline expires, any claims for compensation would be dismissed by the courts. While a two-year window of opportunity for legal action seems like a lot of time, it’s essential to seek legal advice as soon as possible. Delays can impact your path to financial, physical, and emotional recovery.
Most medical malpractice claims in Florida and throughout the country are resolved with settlement negotiations between plaintiffs and the defendant’s insurance company. The U.S. Bureau of Justice reports that jurors decide less than 8 percent of medical negligence lawsuits. If your case is not resolved with settlement negotiations, our board-certified trial attorneys are prepared to champion your rights.
If you have been injured and believe it is due to the negligence of a healthcare professional, you need a qualified Boca Raton medical malpractice attorney to protect your interests. We’ve helped many Palm Beach families fight for justice. These claims are highly complex, time-consuming, and require a deep understanding of medical malpractice statutes in Florida. Explore your options for legal recourse without risk. Reach out for a free case evaluation today. There are no fees unless we win or settle your case.
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