West Palm Beach Medical Malpractice Lawyer
Don’t let a doctor or other medical professional get away with not taking your health seriously. Find out if you can get compensated for your injuries and losses by speaking with a West Palm Beach medical malpractice lawyer.
When you need medical care, you trust your healthcare provider to put your well being first and foremost. When providers fail in this trust, people either get hurt or fall ill, or they see their health decline further. In the case of expectant mothers, negligence can cause irrevocable harm to both the unborn child and the mother. When this sort of thing occurs, you might have grounds for a medical malpractice case.
Even if the fault is blatant, you can’t expect the negligent healthcare provider to simply accept responsibility. That sort of publicity is bad for their business, and their malpractice insurer won’t be eager to compensate you and risk their profit margins.
If you aren’t sure if you have a case or just want to make certain that you get treated fairly, the Law Offices of Casey D. Shomo is here to guide you through the legal process and to the settlement you deserve. Our firm has in-depth experience with medical malpractice cases, and we can successfully resolve your case.
What Is Medical Malpractice?
Just because you went to the doctor and your health got worse, it doesn’t necessarily mean that your case qualifies as medical malpractice. For malpractice to have occurred, so form of negligence must have been present. This could take the form of either a direct action or a complete failure to act:
- If the action or decision made by a doctor directly led to your injury or illness, it might qualify as malpractice. For example, a surgeon who performed the wrong procedure would be at fault for the damage and expense it caused.
- If an inaction led to your injury or illness, it might qualify as medical malpractice. For example, a doctor who discounted your symptoms and failed to diagnose you properly might be at least partially to blame when your health declines later in a way that could have been prevented.
- If a physician did everything possible and did so correctly, but your health still worsened, it might not qualify as medical malpractice as there wasn’t anything else that the doctor could do. It’s an accepted fact of medicine that sometimes treatment simply doesn’t work.
If you aren’t certain which category your case falls under, a West Palm Beach medical malpractice lawyer from our firm can evaluate your situation and give you an honest opinion regarding your options.
Types of Medical Misconduct
Medical malpractice takes many forms, and sometimes victims don’t even realize that the healthcare professional they were hurt by was governed by these regulations. Doctors, nurses, hospitals, surgeons, dentists, pharmacists, and chiropractors are just a few of the medical professionals who can cause you an injury and qualify you to seek monetary compensation with help from a West Palm Beach medical malpractice lawyer:
- Failure to Diagnose and Misdiagnosis – Sometimes doctors make false assumptions about what their patients tell them or simply fail to pay close enough attention and miss vital information. This can lead to a treatable condition progressing farther than it should have or the wrong treatment being prescribed.
- Surgical Errors – These cases can be some of the most disastrous for victims. From surgeons performing the wrong operation to leaving a foreign object within the site, a surgical error can have long-lasting consequences for your health.
- Dental Malpractice – A dentist can make any number of errors that could cost you one or more of your teeth, possibly even leaving you disfigured.
- Birth Injuries – If the mother or the newborn was injured during birth, it can permanently change the course of the new family’s future.
- Infections – While staph infections are probably the most common, healthcare provider negligence can cause a wound to worsen or a surgical site to become infected and lead to a new health complication.
- Drug Interactions – Both your pharmacist and prescribing physician have an obligation to ensure that any drugs you are prescribed won’t negatively interact with each other.
Proving Harm Caused by a Healthcare Provider
One of the things that makes medical malpractice cases trickier than other personal injury claims is that proving that a healthcare professional was negligent sometimes requires expert witness testimony from another doctor or member of that field. Evidence can take many forms, however, and your West Palm Beach medical malpractice lawyer will make certain that everything that can be used to support your claim is collected and worked into your case.
What form this evidence takes will vary substantially with the specifics of what took place. In some cases, such as surgical errors, it will likely be fairly obvious. In others, such as a failure to diagnose, the evidence could be subtler and might even require a deposition to ask questions of the physician while he or she is under oath.
Settling Your Malpractice Claim
There are two different types of damages that you can seek compensation for after being harmed by malpractice: Financial expenses and non-economic damages. You should be able to expect compensation for all of the financial losses you experience because of the physician’s error. This includes current and future medical bills, lost income, therapy and medication costs, mobility equipment, and anything else with a direct dollar value.
Non-economic damages are capped in Florida malpractice cases, however. When you were injured by a doctor or other practitioner, you can collect a maximum of $500,000 in non-economic losses. When you were hurt by a non-practitioner, you can collect a maximum of $750,000 in these damages. Examples include your pain and suffering, emotional distress, disfigurement, and lost enjoyment of life.
West Palm Beach Medical Malpractice FAQ
After having your trust betrayed by a doctor or other medical practitioner, you’re probably uncertain about what to do next. This is perfectly normal and understandable. We’ve answered a few questions here, but for more in-depth information, please contact our office to consult with a West Palm Beach medical malpractice lawyer.
How much time do I have to file a medical malpractice claim in Florida?
Florida allows a statute of limitations of just two years for medical malpractice claims. If you wait to file until after two years have passed, you could lose your right to compensation and have your case dismissed without ever being heard.
What is “informed consent,” and what does it mean to my medical malpractice case?
Healthcare providers are required to inform you of any risk and possible side effects inherent in a particular course of treatment. If he or she fails to discuss this with you and you are hurt as a result of the treatment, your case might qualify as medical malpractice.
Can I file a medical malpractice claim against a physical therapist?
Likely, yes. In general, if a healthcare profession requires some sort of professional registration, then it is probably governed by malpractice laws and the provider owes you a duty of care. If this duty of care was violated, you could have grounds for a case.
Help from a West Palm Beach Medical Negligence Attorney
It’s often unclear if malpractice has occurred, and the responsible party probably isn’t going to help you make that determination. To find out if you can seek compensation for harm you suffered because of a healthcare provider’s negligence, discuss your case with the Law Offices of Casey D. Shomo during a free consultation.
To arrange a time for yours, simply complete the contact form on this page or give us a call at 561-659-6366. There’s never an obligation to proceed, so there’s zero risk involved in discovering how we can help you obtain the settlement you need to pay for your recovery.