Delray Beach is home to a variety of medical practices. From local hospitals and emergency rooms, women’s health services, cancer treatment centers, and dental offices, Floridians seek medical treatment daily. Many of the dedicated doctors and nurses in our area do their best to do what’s right for patients, but occasionally people do receive faulty treatment, are prescribed the wrong medicine, or suffer due to carelessness and negligence.
Medical malpractice is more common than you may think in the state of Florida. Our Delray Beach medical malpractice lawyer goes above and beyond for our clients who have suffered due to failures within our healthcare system. If you’re currently dealing with a medical provider who has mistreated, misdiagnosed, or delayed treatment that caused more damage to your health than good, contacting Porcaro Law Group immediately is your best option for resolving your case.
For Florida residents or family members who are suffering from ailments due to doctor error or negligence, it’s wise to come forth with all the evidence you’ve gathered to build a case. Without substantial evidence or your medical records, the medical malpractice case could forgo a longer process than intended. But what constitutes medical malpractice?
Medical malpractice refers to a situation in which a healthcare professional, such as a doctor, nurse, or other medical personnel, deviates from the standard of care expected in their field and, as a result, causes harm or injury to a patient. This harm may be physical, psychological, or financial in nature. Here are several common examples of medical malpractice:
Emergency room errors refer to mistakes or lapses in medical care that occur in hospital emergency rooms or departments. These errors can have serious consequences for patients due to the critical nature of the conditions often treated in emergency rooms.
When a healthcare provider fails to accurately diagnose a patient’s condition or illness, it can lead to delayed or incorrect treatment, as well as a complete lack of treatment. This failure can be detrimental to the patient’s health and may result in the condition worsening, complications, or even death.
When patients in a hospital setting experience unintentional and accidental drops to the ground or a lower surface, often resulting in injuries, they experience a fall. Certain factors increase the risk of falls in hospitals, including advanced age, frailty, mobility issues, medication side effects, cognitive impairments, and the presence of medical equipment.
Hospitals can be held legally responsible for the actions or negligence of their employees, including doctors and nurses, under the legal doctrine of “respondeat superior.” This means that if a healthcare provider’s actions or errors lead to malpractice, the hospital may also be liable.
Medication errors refer to mistakes or mishaps that occur at any stage of the medication use process, from prescribing and transcribing to dispensing and administering medications to patients.
Radiology malpractice refers to instances where errors, negligence, or substandard practices by radiologists or radiologic technologists result in harm or injury to patients. Beyond misreading images, radiology techs may make mistakes during imaging procedures, including incorrect positioning, incorrect use of contrast agents, or excessive radiation exposure.
Surgical mistakes refer to preventable and unintended errors or mishaps that occur during surgical procedures. These mistakes can have life-altering consequences for patients and may result in physical harm, complications, and even fatalities. Common examples are leaving surgical instruments inside the patient’s body or technique errors while performing surgery.
Defective medical devices refer to healthcare products or equipment that have flaws or defects in their design, manufacturing, labeling, or usage instructions, which can potentially harm patients or users without intention.
Drug recalls can occur for various reasons, including concerns about the drug’s efficacy, safety, labeling, packaging, or manufacturing. Using a recalled drug to treat a patient can pose serious risks to their health and well-being.
Pharmacy errors occur when mistakes are made during the process of filling and dispensing prescription medications to patients. These errors can happen at various stages, from the prescription being written by a healthcare provider to the medication reaching the patient.
These errors involve administering the wrong type or amount of anesthesia medication, which can lead to under-sedation, over-sedation, or adverse reactions. Inadequate monitoring of the patient’s vital signs, including heart rate, blood pressure, and oxygen levels, while under anesthesia can also result in undetected complications or patient distress.
Medical malpractice cases, such as these, can be complex, and the specific legal requirements may vary by jurisdiction. Patients who believe they have been victims of medical malpractice should seek legal recourse to obtain compensation for their injuries and losses. It’s important to consult with an attorney immediately who is experienced in medical malpractice law if you believe you have a valid claim.
Medical malpractice claims are relatively common in Florida, however, pursuing these claims requires substantial evidence to substantiate allegations of medical negligence. The four elements required to prove medical malpractice in Florida are:
To succeed in a medical malpractice lawsuit, plaintiffs must provide comprehensive documentation and expert testimony to demonstrate that a healthcare provider deviated from the accepted standard of care, resulting in harm or injury.
Medical malpractice cases that include tragedies such as improper administration of anesthesia, direct damage post-surgery, deviation from the standard of care, or misdiagnosis of medications that result in pain and suffering are the most common occurrences. If you’ve been sidelined due to medical malpractice, experienced a loss of future earnings or are currently suffering mental or physical pain due to a faulty procedure, the Florida state statute of limitations allows patients up to two years to file a medical malpractice claim.
A medical malpractice lawyer is a specialized attorney who handles cases involving medical negligence or malpractice. Their primary role is to advocate for patients who have suffered harm or injury due to the negligence or misconduct of healthcare providers, such as doctors, nurses, hospitals, or other medical professionals.
Medical malpractice lawyers often work on a contingency fee basis. In this arrangement, the attorney is paid a percentage of the total compensation awarded to the client if they win the case. If the case is not successful, the attorney does not receive a fee, and the client is not obligated to pay attorney fees. It’s important to discuss fee structures and payment arrangements with a potential medical malpractice lawyer during the initial free case review.
The average medical malpractice settlement in Florida, like in other states, can vary significantly based on the nature and severity of the malpractice, the extent of the injuries or damages suffered by the patient, the strength of the evidence, and the negotiating skills of the attorneys involved.
Proving medical malpractice in Florida can be a complex and challenging process. You’ll need to show that the healthcare provider breached the standard of care, and was the direct causation for your injuries. It’s crucial to work with an experienced Delray Beach medical malpractice lawyer who can help you navigate the legal process and build a strong case based on the elements of your personal injury case.
Individuals who have been harmed by medical malpractice may have the right to sue for damages. However, not just anyone can file a medical malpractice lawsuit; certain criteria must typically be met. Generally, the injured patient who directly suffered harm due to medical malpractice is the primary party eligible to sue.
Misdiagnosis, delayed diagnosis and surgical errors are among the most common malpractice claims in Florida. However, the prevalence of these claims can also vary by specialty and geographic region.
Negligence and malpractice are related legal concepts, but they have distinct differences.
Negligence is based on the “duty of care” principle, which means that individuals or professionals have a legal obligation to act in a way that a reasonable person or professional would under similar circumstances.
Malpractice is a specific type of negligence that occurs when a licensed professional, such as a doctor, lawyer, or accountant, fails to meet the standard of care expected within their profession, resulting in harm to a client or patient.
There is no fixed or universal percentage for the success rate of medical malpractice claims. Many medical malpractice cases are resolved through negotiated settlements before they go to trial. Ultimately, the success rate for settlements tends to be higher than that for cases that proceed to trial because both parties are often motivated to reach a mutually agreeable resolution.
Patients suffering from medical malpractice in Delray Beach deserve compensation. Don’t hold off on filing a medical malpractice lawsuit if you’ve been misdiagnosed or mistreated. Porcaro Law Group is here to make sure you collect for the damages done to you or a family member. Our medical malpractice attorneys help victims in Delray Beach, Boca Raton, Boynton Beach, Deerfield Beach, West Palm Beach, Pompano Beach, Fort Lauderdale, Miami, and the South Florida area.
For more information or to schedule your free consultation, please contact us today or give us a call at (561) 450-9355.
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