Delray Beach Medical Malpractice Attorney

Three elements are needed to have a medical practice case:

• A medical professional must breach their standard of care while treating a patient
• This breach must lead directly to harm caused to the patient
• The patient must suffer significant and calculable damages

This means that you cannot sue someone for malpractice just because your treatment does not work the way you hoped it would or because a healthcare worker makes a mistake. Serious and harmful negligence must be involved to have a case.

Medical malpractice is one of the most complicated fields of injury law because it can be immensely difficult to prove that a doctor acted negligently, especially if it is just your word against an experienced medical professional and their peers.

The healthcare industry has a wealth of attorneys, policies, laws, and more that protect them from legal action against disgruntled patients. Therefore, it is typically recommended to consult with—if not hire—a medical malpractice lawyer if you plan on filing a claim.

What Are Examples of Medical Malpractice?

There are numerous ways that medical errors can happen. For example, a patient may be prescribed or given the wrong medication, which causes a serious—and preventable—allergic reaction.

Other common examples of medical malpractice include:

Anesthesia Errors

If too large or too small a dosage of anesthesia is administered to a patient it can cause serious health issues. Patients may also be subject to allergic reactions when given anesthesia; if your medical records noted an anesthesia allergy and you were given it anyway, you may have grounds for a lawsuit.

Surgical Errors

Surgical errors may include a procedure being performed on the wrong part of the body or the wrong patient entirely. Other examples include a surgeon accidentally cutting open a nerve during a procedure or leaving a piece of surgical equipment inside a patient after sewing them up.

Birth injuries

If a serious blunder takes place during childbirth, a newborn may have health issues that stay with them for life. Birth injuries can harm the mother as well.

Misdiagnosis

If a doctor diagnosis you with the wrong illness and treats you for something other than what you actually have, this can delay your treatment and may even make your condition worse.

Delayed Diagnosis

Similarly, if a doctor fails to recognize an obvious ailment and does not diagnosis it, this lack of treatment can cause further harm.

Medical Malpractice Statute of Limitations in Florida

In Florida, the statute of limitations plays a crucial role in medical malpractice claims. According to Florida law, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the incident occurred or the date the incident was discovered, or should have been discovered, with reasonable diligence. However, there is a maximum limit of four years from the date of the incident, regardless of when it was discovered. This means that if an individual fails to initiate legal action within the specified time frame, they may be barred from pursuing their claim altogether.

It is important to note that there are exceptions to the statute of limitations in certain situations, such as cases involving minors or cases where fraudulent concealment or misrepresentation has occurred. Seeking the guidance of an experienced medical malpractice attorney is crucial to ensure compliance with the statute of limitations and to understand any potential exceptions or extensions that may apply to a specific case.

What To Do If You Are the Victim of Medical Malpractice

If you believe you have been the victim of medical malpractice, consult with a lawyer right away. Because these claims are so nuanced and complex, you want to first establish that you have grounds for a claim before taking any further action.

Unless you have been suffered significant harm or a loved one has died due to a medical error, it likely won’t be worth pursuing a claim at all due to the exorbitant costs of such cases. We understand that this may sound confusing or like more far more trouble than it is worth.

How Our Firm Can Help

But if you truly believe you may have a medical malpractice claim, do not hesitate to seek out legal advice. You have nothing to lose from scheduling a free consultation with a medical malpractice lawyer and receiving honest feedback. If it turns out you do have a claim, you will certainly benefit from receiving the just compensation you deserve in the long run.

Think you have a medical malpractice claim? Contact us now to set up your free case evaluation.