All medical professionals and healthcare providers, including doctors, dentists, chiropractors, nurses, and hospitals, are required to exercise the appropriate medical standard of care under Florida law. A failure to act with reasonable and appropriate care, or an act of deviation from standard medical care, is known as medical malpractice. If the physician’s negligent medical treatment causes injury or harm to the patient, the patient has a legal claim for medical malpractice.
Florida’s Medical Malpractice Act is extremely complicated with time-specific requirements which must be satisfied before an individual can file a lawsuit. For instance, one condition requires you to submit a sworn affidavit from a medical expert who practices in the same or similar medical specialty as the defendant (the health care provider you are accusing of malpractice) attesting to the defendant’s deviation from the standard medical care.
The lawyers of Trelles & Bichler understand the various requirements and time constraints which must be satisfied to win a medical malpractice lawsuit. We consult with medical experts from around the country regarding medical malpractice claims to maximize the likelihood of success in this complicated area of law.
Medical malpractice can arise from a variety of situations involving medical negligence and medical errors. If a health care provider fails to act or acts in a way that harms or injures a patient, the health care provider may have committed malpractice.
Some common causes of medical malpractice include:
The above list of examples is not a complete list of all the types of medical negligence and medical errors that could lead to a malpractice claim. If you suspect you have suffered harm or injuries because of the actions or inactions of a medical provider, we encourage you to contact our office for a free case review by an experienced Palm Beach County medical malpractice lawyer.
All cases of medical negligence or medical errors do not give rise to a malpractice claim. You must prove all the legal elements of a medical malpractice claim to recover compensation for damages. For instance, if you were not actually harmed or injured because of the negligence or error, there is not a viable claim for medical malpractice.
A medical malpractice claim requires you to prove:
Proving a doctor-patient relationship and proving you were injured and sustained damages, are typically not as difficult as proving the health care provider acted below the medical standard of care.
Before you can prove that a doctor breached the standard of care, you must define the medical standard of care for your case. A medical expert that practices in the same field as your doctor must explain what a reasonable, prudent medical provider practicing in the same field would have done in the same or similar situation. This is the basis for the medical standard of care in your case.
The medical expert must then explain how your doctor’s actions deviated from the accepted medical standard of care and how that deviation caused your injury. If the deviation did not cause your injury, there is not a legal claim for medical malpractice. The physician might have been negligent, but negligence is not the same as malpractice.
The amount of compensation you may receive for a medical malpractice claim varies depending on the unique circumstances of your case.
However, victims of medical malpractice can often receive compensation for their:
Our Palm Beach medical malpractice attorneys know how to build a strong case for full compensation of all damages and losses. You deserve to be compensated for the injuries and losses caused by medical errors and medical negligence.
The time to file a medical malpractice lawsuit is shorter than the time to file lawsuits in other cases. You must also take various steps before you can file a lawsuit. Therefore, it is best to contact an attorney as quickly as possible to discuss your legal options.
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