Delray Beach Medical Malpractice Attorneys
Proudly Serving Clients Throughout Florida
Medical errors and surgical mistakes can result in serious harm to patients. When a healthcare provider does not give a patient the level of care that patient deserves, a patient can sustain severe and life-threatening injuries. When a patient does not receive a proper diagnosis and a condition worsens, or a pharmacist or doctor makes a medication error, it is essential to find out about options for filing a medical negligence claim. Medical malpractice, also known as medical negligence, is an area of the law that allows an injured patient to seek compensation for injuries arising out of a healthcare providers negligence.
If you or someone you love sustained an injury due to a healthcare providers negligence, an experienced Delray Beach medical malpractice lawyer can help. Call us at 561-500-HELP today for a free initial consultation.
Elements of a Medical Malpractice Claim in Delray Beach
Medical malpractice claims typically require a patient to prove the following elements in order to win a case:
- Duty of care: Healthcare provider owed the patient a duty of care, which is relatively easy to prove when there is a doctor-patient relationship.
- Breach of the duty of care: Healthcare provider breached the duty of care when that healthcare provider failed to give the same level of care that another healthcare provider in the same field and geographic area would have considered reasonable and appropriate.
- Injury caused by the breach: Patient suffered an injury that was caused by the healthcare providers breach of the duty of care.
- Damages: Patients injury led to particular damages.
Liability in a Medical Malpractice Case
Many different types of healthcare providers may be liable in a medical malpractice case.
Depending upon the facts of your case, the following are examples of potentially responsible parties:
- Physician
- Surgeon
- Anesthesiologist
- Hospital facility
- Nurse
- Laboratory facility
- Lab technician
- Pharmacist
- Dentist
Medical Malpractice Statute of Limitations in Florida
Under Florida law, medical malpractice lawsuits have a specific statute of limitations that is a bit different from other types of personal injury cases. A medical malpractice lawsuit must be filed within two years from the date a patient discovers (or reasonably should have discovered with due diligence) the injury and no more than two years from the date of the negligence that caused the injury.
However, in situations where a healthcare provider engaged in fraud, concealment, or intentional misrepresentation to prevent the patient from learning about the injury, then the patient has two years from the date of discovering the injury to file a claim. However, even in these cases, the patient still must bring a claim within 7 years from the date of the negligence that caused the injury.
Damages in a Medical Negligence Claim
Patients can be eligible to receive compensatory damages, including economic and non-economic damages. The Florida Supreme Court recently eradicated existing caps on non-economic damages, allowing patients to recover any amount of damages for pain and suffering and other non-economic injuries.
If you need assistance with your medical malpractice claim, an experienced Delray Beach medical malpractice attorney can speak with you about your options. Contact Smith, Ball, Báez & Prather at 561-500-HELP today for more information.
