Delray Beach Medical Malpractice Attorney
Helping Victims of Medical Negligence Receive Just Compensation & Care
If you or a loved one has been seriously harmed due to the negligence of
a medical professional or facility in Florida, it is vital that you speak
to a local and experienced attorney right away. Filing a medical malpractice
claim is a very complicated affair.
Victims are often at a disadvantage thanks to the way the law is stacked
against them as well as the predominant and well-developed nature of the
healthcare industry. Fortunately, you too can enlist the help of a professional
legal advocate and expert witnesses to back up your claim.
Samuel M. Yaffa P.A. our
Delray Beach medical malpractice attorney possesses over two decades of experience successfully representing injured
clients in such matters. If you are looking for a compassionate, personable,
and skilled medical malpractice lawyer in your area, reach out to our
(561) 677-8566 or
contact us online to schedule your free case evaluation with our medical malpractice lawyer.
What Is Medical Malpractice?
Medical malpractice occurs when a medical provider causes an injury to
- Other health care professional, through a negligent act or omission
How Do You Prove Medical Malpractice?
Every medical professional has an obligation to their patients to treat
them to the best of their ability, known as the “standard of care”
or “duty of care.” When this standard is violated and causes
harm to a patient, malpractice has occurred.
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:
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 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.
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.
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.
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.