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 firm today.
(561) 677-8566 or
contact us online to schedule your free case evaluation.
What is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other health care
professional, through a negligent act or omission, causes an injury to
a patient. 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.
Types 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.
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. 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.