Boca Raton Medical Malpractice Lawyer

Medical Malpractice Suits Call for Experienced Medical Malpractice Attorneys

When we are suffering from an illness or injury, we seek the advice and treatment of a physician or other healthcare professional. We are conditioned to trust these professionals to properly diagnose and treat injuries and illnesses, and we count on them not to make mistakes. When a mistake does occur, it can lead to serious injury or death, which may give the victim or surviving loved ones the basis for pursuing a medical malpractice claim against the doctor, hospital, or other medical professional responsible for the mistake.

At Demand the Limits, we understand the physical and financial impact a medical error can have on you and your entire family. In addition, when the trust placed in a medical professional is broken, the victim of a medical error often experiences severe psychological trauma along with facing the daunting prospect of needing to navigate a complex and unfamiliar legal system in order to pursue compensation. The good news is that if you were injured because of a medical error, or you believe that medical malpractice caused the death of a family member, a Boca Raton medical malpractice lawyer at Demand the Limits can help. We are dedicated to ensuring that medical professionals who commit medical malpractice are held accountable and victims are justly compensated for their injuries or loss.

When Does an Error Constitute Medical Malpractice in Florida?

Although we hold doctors, nurses, and other medical professionals to high standards, they are human beings, meaning they make mistakes just like the rest of us. An error made by a healthcare professional does not always rise to the level of medical malpractice. Because of the complex and nuanced character of most situations in which a medical error occurs, it is in your best interest to consult with an experienced Boca Raton medical malpractice lawyer to determine if medical malpractice did indeed cause your injury or loss.

The general standard, however, required to prevail in a Florida medical malpractice lawsuit, requires you to prove that a healthcare professional breached the applicable “standard of care” and that the breach caused or contributed to the patient’s injuries. Florida Statute 766.102(1) governs the relevant standard of care in the State of Florida, defining that standard as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In other words, the question asked in a medical malpractice lawsuit is whether another similarly trained and experienced doctor (or healthcare professional) would have made the same mistake under the same circumstances. To prevail, the answer to that question must be “no.” One of the many aspects of a medical malpractice case that makes it more complex than other personal injury lawsuits is that the Plaintiff (injured victim or surviving family members) must usually find a doctor/healthcare professional with similar experience and training who is willing to testify that the error amounts to malpractice.

What Are Some Common Examples of Medical Malpractice?

Although we typically think of physicians as defendants when we envision a medical malpractice lawsuit, any person or entity considered a healthcare professional can be held liable for medical malpractice, including nurses, hospitals, dentists, nursing homes, and pharmacists. Consequently, medical malpractice can take numerous forms, with common examples including:

• Diagnostic errors (failing to diagnose, misdiagnosing, late diagnosis)
• Anesthesia errors (giving too much, giving too little, failing to recognize allergic reactions)
• Surgical errors (operating on the wrong patient, operating on the wrong body part, leaving foreign objects inside a patient)
• Pharmacy errors (failing to properly advise/warn, filling a prescription with the wrong medication or dosage, failing to identify harmful drug interactions)
• Birth injuries (waiting too long to do a c-section, failing to recognize maternal distress, lack of oxygen to the baby during delivery)
• Post-Operative Errors (failing to identify/treat infection, not noticing signs of a blood clot, improperly dispensing medication)
• Nursing Home Errors (failing to properly supervise patients, negligent hiring of staff, failing to properly administer medication)

Is There a Deadline for Filing a Medical Malpractice Lawsuit in Florida?

Unlike many other types of personal injury cases, the victim of medical malpractice may not immediately recognize that a legally actionable injury has occurred. Healthcare professionals and entities are rarely straightforward when explaining why something went wrong. Exacerbating the problem is the fact that symptoms may not be obvious for some time after a medical mistake was made. Unfortunately, however, the law limits the amount of time you have to initiate legal action against the responsible party or parties.

All personal injury actions have a statute of limitations in the State of Florida which determines how long an injured party has to initiate a lawsuit. When injury or death occurs because of alleged medical malpractice, Florida Statute Section 95.11 imposes a two-year statute of limitations with the clock starting “at the time the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence.” Florida’s statute of repose (which sets a maximum time frame) is set at four years from the date of the incident or occurrence, except in an action brought on behalf of a minor on or before the child’s eighth birthday.

Before filing an official medical malpractice lawsuit in Florida, however, the Plaintiff must give pre-suit notice to all potential defendants of the intent to pursue a lawsuit. Your medical malpractice attorney is also required to conduct a pre-suit investigation designed to determine which defendant(s) could be liable for your injuries or loss. A 90-day waiting period begins when notice is served during which time the Plaintiff is prohibited from initiating the lawsuit. To ensure compliance with the Florida statute of limitations, this 90-day pre-lawsuit waiting period must be taken into consideration.

How Can a Boca Raton Medical Malpractice Lawyer Help Me?

If you believe you are the victim of medical malpractice or that medical malpractice contributed to the death of a family member, you may be entitled to compensation for your physical, financial, and emotional injuries or for the loss you suffered. An experienced Boca Raton medical malpractice lawyer from Demand the Limits can help you navigate the complex laws and procedures that apply to a medical malpractice lawsuit in Florida. The team at Demand the Limits is committed to using their experience, skills, and resources to ensure you receive fair compensation for all your injuries or losses. Call (561) 600-3555 or contact us online to schedule your free case evaluation. Don’t delay – the sooner you have an attorney fighting for you, the better protected your legal rights will be.