West Palm Beach Medical Malpractice Lawyer
Don’t let a doctor or other healthcare professional get away with not taking your health seriously. Find out if you can get compensated for your injuries and losses by speaking with our firm.
When you need medical care, you trust your healthcare provider to put your wellbeing first and foremost. When providers fail in this trust, people either get hurt or fall ill, or they see their health decline further. 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.
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.
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, some form of negligence must have been present. To prove medical negligence, certain elements must be demonstrated in the case.
The first element to prove is that a doctor-patient relationship actually existed. This element means that the doctor had a “duty of care.”
The second element is “breach of duty.” Essentially, you must prove that the medical professional you were seeing provided you with less-than-standard care. The basic way of proving this element is for other medical providers to agree that they would not have acted in the same manner under the same conditions.
Next, you must prove that the poor treatment you received was the direct cause of your medical injury. All outside factors that could have contributed to an injury or illness must be eliminated.
Finally, you must have suffered real damages or harm that the insurance companies or the court can remedy.
Types of Medical Misconduct
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.
Here’s a look at some common types of medical injury cases in West Palm Beach:
- 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 further 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. In some cases, anesthesia errors have resulted in the wrongful death of dental patients.
- Birth Injuries – If the mother or the newborn was injured during birth, it can permanently change the course of the new family’s future. It is your right to seek damages from those who have harmed you or your baby through negligence.
- Prescription Drug Errors – Both your pharmacist and prescribing physician have an obligation to ensure that any drugs you are prescribed won’t negatively interact with each other. In addition, your doctor has a duty to check your medical history to ensure you aren’t given a medication you’re allergic to.
Settling Your Malpractice Claim
Types of Malpractice Damages
There are two different types of damages you can seek compensation for after being harmed by malpractice: financial expenses and non-economic damages.
Economic Damages for Malpractice
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 for Medical Malpractice
Non-economic losses are related to how this injury has changed your life. You can be compensated for all the various ways this experience has impacted you.
Non-economic damages are technically capped in Florida malpractice cases, however. When a doctor or other practitioner injured you, you can collect a maximum of $500,000 in non-economic losses.
When a non-practitioner hurt you, 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.
One item to note, however, is that the Florida Supreme Court ruled these damage caps unconstitutional in June of 2017. This could call into question the outcome of your case, so it’s best to discuss the details with a medical malpractice lawyer in West Palm Beach.
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 negligence attorney.
How much time do I have to file a medical negligence 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 case?
Healthcare providers are required to inform you of any risk and possible side effects inherent in a particular course of treatment. If your doctor fails to discuss this with you and you are hurt as a result of the treatment, your case might qualify as medical malpractice.
Will I have to attend court to successfully resolve my case?
Not usually. In most personal injury cases, including medical malpractice, your attorney can settle the case outside of the courtroom. How do we do this? We will negotiate with the medical provider or his or her insurance company. Only when the other side refuses to pay you fairly will we need to enter the courtroom.
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 your consultation, 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.