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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 provider’s negligence.

If you or someone you love sustained an injury due to a healthcare provider’s 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 provider’s breach of the duty of care.
  • Damages: Patient’s 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 four 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 at (561) 500-HELP today for more information.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    Highly Recommend

    “Always available, any emails that were sent were promptly answered, we never felt that we were a burden to them. Would highly recommend this firm to anyone seeking a positive outcome.”

    - Tony B.
    Smith and Ball is unlike any other injury law firm!

    “Smith and Ball is unlike any other injury law firm! Marci and Scott set themselves apart from other attorneys not only in their work ethic, skill, and decades of experience but in their compassion and dedication to their clients!”

    - Andrea L.
    If you're in need of an injury lawyer, I would call Scott Smith!

    “I'd like to highly recommend working with Scott Smith and his team. From the first call, I made to his firm everyone treated me with compassion and concern.”

    - Sean Q.
    Always available and kept my best interest at all times.

    “Marci Ball represented me when I got into a car accident. From the moment I entered her office, she treated me like family.”

    - Hector M.
    I will always call on Smith, Ball, & Baez, honest, fair, and family.

    “Called looking for a lawyer and was treated more like family. The first person that actually cared about my case other than myself. Marci Ball Elordi exceeded all my expectations, got me back everything I was owed, and more.”

    - Jeff B.
    HIGHLY recommend Marci Ball and her staff.

    “I HIGHLY recommend Marci Ball and her staff. What a great team. I never felt like I was just a client.”

    - Courtney H.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
    Working with Mr. Baez and Kimberly was a wonderful experience.

    “Working with Mr. Baez and Kimberly was a wonderful experience. Anytime that you need to enlist legal services there is a certain degree of uncertainty and anxiety.”

    - Kevin M.
    Vicki handled my case flawlessly.

    “Vicki handled my case flawlessly. Took care of all negotiations and made the process very easy for me, and ensured I received the most compensation possible.”

    - Cody K.
    Nothing short of AMAZING.

    “If you are reading this there is no need to look any further! Nelson Baez, Kimberly Simpson, and the team have been nothing short of AMAZING.”

    - Darlene H.

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