Palm Beach County Medical Malpractice Lawyer
Get Justice for Medical Malpractice in Palm Beach County
When it comes to medical treatment, we all expect a standard of professionalism and care. Unfortunately, sometimes that trust is breached, leading to medical malpractice. Such events can profoundly impact patients and their families health-wise, financially, and emotionally. In these challenging times, a personal injury lawyer's legal support is beneficial and crucial. Professional legal assistance is paramount to navigating the complexities of medical malpractice law and understanding the minutiae of your case.
Samuel M. Yaffa P.A. diligently serves the community of Palm Beach County. We have over 20 years of experience and fight passionately for our clients’ rights. By establishing solid relationships and championing our clients’ causes, our firm oversees each case with the sensitivity and attention it deserves. When you choose us, you get a dedicated team ready to safeguard your interests.
Seek legal counsel in Palm Beach County. Call (561) 786-3056 or complete our online form now to discuss your medical malpractice case with our attorney.
What Constitutes Medical Malpractice?
Medical malpractice is a serious issue when healthcare professionals or institutions fail to meet the expected standard of care, leading to patient harm or injury. Negligent parties can include doctors, nurses, hospital staff, and other healthcare personnel responsible for ensuring patients' well-being and safety.
Medical malpractice encompasses more than treatment failures or honest mistakes; it involves preventable breaches of duty that harm patients.
Examples of medical malpractice cases include:
- Anesthesia errors
- Surgical errors
- Birth injuries
- Misdiagnosis
- Delayed diagnosis
In Florida, filing a medical malpractice lawsuit is generally limited to two years from the date of the incident or its discovery. However, exceptions to this rule exist that individuals should be aware of. Certain circumstances, such as cases involving minors or instances of fraud or concealment by the healthcare provider, may extend the time limit for filing a medical malpractice claim. Individuals must understand these special considerations when pursuing legal action.
Steps to Establish a Medical Malpractice Claim
In pursuing justice for medical malpractice, the burden of proof lies with the plaintiff, who must present a compelling case that meets specific legal criteria.
Here are the essential elements necessary to establish a medical malpractice claim:
- Breach of duty of care: A medical malpractice claim rests on demonstrating that the healthcare provider's actions deviated from widely accepted medical standards. This negligence means the care provided fell below what a similarly situated and competent practitioner would have done.
- Causation: It is imperative to establish a direct link between the deviation from the standard of care and the harm suffered by the patient. The plaintiff must prove that the healthcare provider's negligence directly caused or contributed to their injury or worsened their condition.
- Damages: To pursue a medical malpractice claim, the patient must have suffered actual harm due to the healthcare provider's negligence. Damages may include physical pain, emotional distress, additional medical expenses, lost wages, or diminished quality of life.
Strong and admissible evidence is crucial in substantiating a medical malpractice claim. This material may include medical records, expert testimony from qualified professionals in the relevant field, documentation of the patient's losses, and other relevant information supporting the case.
Medical Malpractice FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 561-786-3056 today!
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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.
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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.
Taking Action After Medical Malpractice
If you believe you've been a victim of medical malpractice, it's crucial to act swiftly due to the strict deadlines governed by the statute of limitations. Consulting with a lawyer can help you understand your rights and a practical course of action.
In such critical times, having the support of Samuel M. Yaffa P.A. means having access to top-notch paralegals, investigators, and experts. We're committed to pursuing the justice and compensation you deserve.
The effects of healthcare errors should not go unchallenged. Contact our Palm Beach County medical malpractice lawyer at (561) 786-3056 to schedule your consultation.
We are committed to working diligently and fighting passionately for our clients.
Case Results
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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20x the Policy Limit Auto Accident
Secured up to twenty (20) times the policy limits of available coverage to aid the families of the deceased victims and/or the injured survivors.
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15x the Policy Limit Auto Accident
Confidential settlement fifteen times more than the applicable insurance policy limits.
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Seven-Figure Settlement Medical Malpractice
Confidential seven-figure settlement for failure to timely treat a pediatric patient with an allergic reaction.
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Multimillion-Dollar Settlement Premises Liability
Achieved a multimillion-dollar settlement in the wrongful death/premises liability claim.
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Seven-Figure Settlement Auto Accident
Confidential seven-figure settlement twenty times more than the applicable uninsured motorist policy limits.
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Multimillion-Dollar Settlement Wrongful Death/Premises Liability
Secured a multimillion-dollar settlement in a wrongful death and premises liability claim against an apartment complex.