West Palm Beach Medical Malpractice Lawyer

We are taught to trust that doctors and other healthcare professionals will properly diagnose and treat an illness or injury without mistakes. After all, these people literally have our lives in their hands at times. Mistakes do happen though, and those mistakes can cause serious injury, even death. When that happens, the doctor, hospital, or healthcare professional may be held legally liable for medical malpractice, and the injured victim or surviving family member may be entitled to compensation.

When trust in a healthcare professional is broken, the victim often experiences severe psychological trauma in addition to any physical injuries sustained as a result of a medical mistake. Making matters worse, a victim faces the imposing task of navigating a complex legal system to seek compensation for those injuries. At Demand the Limits, we understand the profound physical and financial impact a medical error can have on you and your family. If you or a loved one were injured because of a medical mistake, a West Palm Beach medical malpractice lawyer at Demand the Limits can help. We have the experience, resources, and commitment to hold the responsible parties accountable and ensure that you are fully and fairly compensated for your injuries or loss.

Is a Medical Mistake Considered Medical Malpractice in Florida?

Despite our high expectations for doctors, nurses, and other medical professionals, they are human and can make mistakes. Not every medical error qualifies as medical malpractice. An experienced West Palm Beach medical malpractice lawyer can review the facts and circumstances of your case to determine if a mistake rises to the level of medical malpractice; however, it may help to learn more about what constitutes medical malpractice in the State of Florida.

For an error made by a healthcare professional to be considered medical malpractice in the State of Florida, a breach of the “standard of care” made by the medical professional must have been a contributing factor in injuries sustained by the victim. The “standard of care” is defined in Florida Statute 766.102(1) 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.” Therefore, a victim must prove that another doctor (or healthcare professional) with similar experience and training would not have made the same mistake. The need to identify and secure the testimony of such an expert witness is one of the many aspects of medical malpractice lawsuits that make them particularly complex to litigate.

Who Can Commit Medical Malpractice?

When you hear the term “medical malpractice” you likely think of a physician making a mistake while treating a patient. Doctors certainly can commit medical malpractice; however, they are not the only potential defendants in a medical malpractice lawsuit. Other healthcare professionals that could be named as defendants in a Florida medical malpractice lawsuit include:

• Dentists
• Surgeons
• Nurses
• Anesthesiologists
• Hospitals
• Nursing Homes
• Chiropractors
• Pharmacists

What Are Some Common Examples of Medical Malpractice?

Any time a medical error occurs, the potential for medical malpractice also occurs. Common examples of mistakes made by healthcare professionals that may constitute medical malpractice include:

• Operating on the wrong patient.
• Operating on the wrong body part.
• Administering too much or too little anesthesia.
• Failing to recognize anesthesia allergies.
• Failing to diagnose a condition.
• Misdiagnosing a condition.
• Leaving foreign objects inside the body during an operation.
• Failing to identify a post-surgical infection.
• Waiting too long to perform a C-section.
• Failing to recognize maternal distress during birth.
• Dispensing the wrong medication.
• Failing to identify harmful drug interactions.
• Failing to properly advise or warn.
• Negligent hiring.
• Failing to properly supervise at a nursing home.
• Incorrectly administering medication.

Is There a Time Limit for Pursuing a Florida Medical Malpractice Lawsuit?

Yet another confounding aspect of medical malpractice cases is that a victim may not realize that an injury has occurred for weeks, months, or even years following the commission of the error. Healthcare professionals often do not fully explain what went wrong, and symptoms may not be evident for some time. The law, however, does place a limit on the time a victim has to pursue legal action in the form of a statute of limitations.

A statute of limitations puts a cap on the time a Plaintiff (injured victim in a medical malpractice case) has to initiate a lawsuit. Governed by Florida Statute Section 95.11 the statute of limitations when injury or death occurs because of alleged medical malpractice is two years from “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.” While the wording of the statute does allow some concession for mistakes not immediately discovered, Florida’s statute of repose sets a maximum time frame of 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.

What Is the Pre-Suit Notice Requirement in a Florida Medical Malpractice Lawsuit?

Another difficult and confusing aspect of a Florida medical malpractice case is the pre-suit notice requirement. Before filing a medical malpractice lawsuit, the Plaintiff must give pre-suit notice to all potential defendants, and the Plaintiff’s attorney must conduct a pre-suit investigation to identify liable parties. A 90-day waiting period begins once notice is served, during which the Plaintiff cannot file the lawsuit. This pre-suit waiting period must be considered to ensure that you do not inadvertently run afoul of the statute of limitations and lose the opportunity to pursue your case.

Get Help from an Experienced West Palm Beach Medical Malpractice Lawyer

If you suffered an injury because of a medical error, or you lost a family member because of one, you could be entitled to compensation in a medical malpractice lawsuit. Let an experienced and skilled West Palm Beach medical malpractice lawyer at Demand the Limits help ensure that the responsible party (or parties) is held accountable for your physical and emotional injuries and that you are justly compensated.

The team at Demand the Limits has the experience, resources, and dedication necessary to successfully litigate complex medical malpractice cases. 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.