When you are sick or severely injured, you should be able to depend on a doctor or other medical professional to accurately diagnose and treat your condition. Unfortunately, you may end up worse off if a healthcare professional fails to meet the standard of care by engaging in medical malpractice.
Learning that a trusted healthcare professional let you down can be devastating. As medical malpractice lawyers, we know the physical, financial, and emotional toll a medical malpractice injury or illness can take, which is why strive to recover maximum compensation for our injured clients while they focus on the healing process.
KMW Legal Can Help With Your Boca Raton Medical Malpractice Lawsuit
Injuries or illnesses resulting from medical malpractice often lead to additional medical bills, lost wages, and pain. You may be facing long-term complications and permanent deficits from what was supposed to be a simple treatment or non-invasive procedure.
KMW Legal has over thirty years of combined experience negotiating fair settlements for injured medical malpractice clients in the Boca Raton area. If negotiations stall, we won’t shy away from escalating your medical malpractice lawsuit to trial in order to get you the compensation you deserve. As a result, we have established an impressive record of success when it comes to securing our clients fair settlements.
Our ability to connect with our clients and anticipate insurance company tactics has been a tremendous asset when negotiating for damages based on the harm inflicted by a negligent medical professional. Reach out to our Boca Raton team today at (727)451-6900 to schedule a time to join us for a free strategy session for expert legal advice that is customized to your medical malpractice claim.
What is Medical Malpractice?
In order to prove that you are owed compensation in a medical malpractice lawsuit, you must first demonstrate that the harm committed against you actually qualified as medical malpractice, which goes beyond a simple mistake. Simply put, medical malpractice is when a healthcare worker violates the established standard of care and causes an injury that results in damages.
Understanding the Criteria for a Medical Malpractice Lawsuit
You can’t just sue a doctor or other medical professional because you suffered an injury while receiving medical care. To start with, there has to be a formal doctor-patient relationship in place for them to be considered potentially liable because that establishes that you were owed a standard of care.
In order for a healthcare professional’s actions to be considered medical malpractice, your lawyer must show that the medical professional in question violated the standard of care. The standard of care is defined as the level of medical treatment reasonably expected of a healthcare professional based on comparison with what similar professionals would do in the same situation.
There must also be evidence that the medical professional’s failure to meet the expected standard of care directly resulted in additional injury or illness. You must have experienced loss as a result of these injuries, such as medical bills, lost earning capacity, or pain and suffering, in order to claim damages.
Who is Liable in a Medical Malpractice Lawsuit?
A variety of healthcare providers can be held responsible for damages in a medical malpractice lawsuit if they fail to meet the appropriate standard of care. They may work at a hospital, clinic, or private practice. In some cases, healthcare workers other than the person directly responsible for your injury may be found liable.
For example, a supervisor who failed to properly manage a subordinate or an administrator who failed to create safe hospital policies that directly contributed to your injury. Examples of parties who can potentially be found liable for medical malpractice may include:
- Primary care providers
Types of Boca Raton Medical Malpractice
After suffering an injury or illness, we depend on medical providers to help us heal by correctly identifying the issue, deciding the proper treatment, and then correctly administering the treatment. Unfortunately, when a negligent healthcare provider fails to meet the standard of care they can do more harm than good.
Your doctor may have failed to follow procedure to piece your symptoms together to diagnose a chronic condition or neglected to warn you of the risks associated with a specific procedure. The consequences can range from a simple injection or a few stitches to life-long and debilitating conditions, or even wrongful death.
Surgical Errors Can Have Long-Term Health Consequences
Surgeons and their staff often operate under time constraints where a millimeter can make a huge difference in a patient’s outcome, which produces a stressful environment that may be conducive to serious mistakes. That is why surgeons require intense training and follow carefully outlined protocols to prevent additional injuries, such as wearing protective gear to reduce the risk of infection.
Despite these safeguards, surgeons may still violate the standard of care by making mistakes like leaving surgical instruments in the body, performing a procedure incorrectly, operating on the wrong body part, or being inadequately prepared and causing injury.
Failure to Warn May Constitute Medical Malpractice
Patients have the right to informed consent, which means that they are entitled to hear relevant information about their health and ask their provider questions in order to make a decision about their course of treatment. If a medical professional fails to be forthcoming about information like the side effects of a medication, the known risks of a surgical procedure, or the long-term outcomes of a treatment, they may be found liable for medical malpractice if their withholding of information results in injury.
Misdiagnosis and Failure to Diagnose Can Lead to Serious Health Issues
Healthcare professionals may misdiagnose ongoing health conditions and injuries or overlook the problem altogether. What was once an easily treatable issue may now require invasive and painful procedures or evolve into a terminal condition.
A misdiagnosis almost certainly means a delay in treatment, which can allow an infection to fester, cancer to spread, or a bone to heal incorrectly. Misdiagnosis can also lead a provider to offer treatments that are ineffective or exacerbate the actual condition, compounding the patient’s health issues.
Providers Can Be Held Liable for Incorrect or Improperly Applied Treatments
Healthcare providers are susceptible to becoming distracted, tired, or impatient, like anyone else, but when they cause an injury while administering a course of treatment they can potentially be found liable if a similar provider would not have made the same mistake under similar conditions. For example, the negligent provider may have dispensed the wrong medication a patients was allergic to, or performed an unnecessary surgery that led to an infection.
Why Should I Hire a Boca Raton Medical Malpractice Lawyer?
If you decide to bring a medical malpractice lawsuit against a negligent healthcare worker, you should expect to face their insurance carrier in negotiations. They will undoubtedly have a team of lawyers who specialize in medical malpractice on their side, and so should you.
To mount a medical malpractice claim with the best chance of success, you’ll need a medical malpractice lawyer with the resources and knowledge to locate reliable medical experts to testify, consolidate your medical records into a cohesive narrative, and draft a letter of demand on your behalf to outline your injuries and subsequent damages.
Statute of Limitations for Medical Malpractice Lawsuits
If you believe you have grounds to file a medical malpractice lawsuit, you should speak with a medical malpractice attorney as soon as possible. Otherwise, you risk getting your claim rejected because too much time has passed. In Florida, the statute of limitations dictates that medical malpractice lawsuits must be filed either within 2 years of the date the injury was or should have been discovered, or 4 years after the injury was sustained.
Insurance companies looking to avoid paying out a settlement may try to get your medical malpractice lawsuit dismissed by claiming you should have been aware of your injury a long time ago. A seasoned medical malpractice lawyer will be able to help you demonstrate the validity of your claim and observe critical deadlines.
KMW Legal Can Help With Your Boca Raton Medical Malpractice Lawsuit
The lawyers of Keller, Melchiorre & Walsh recognize that dealing with chronic pain from a botched operation, fielding calls from debt collectors, and missing out on promotions at work are just a few of the costs that victims of medical malpractice may endure. KMW Legal will apply our extensive resources, legal acumen, and tireless work ethic to recover maximum compensation that acknowledges your losses.
We have committed ourselves to protecting injured medical malpractice victims’ right to seek damages when they are suffering the consequences of a negligent healthcare provider’s actions for the past decade. This has earned us a reputation for outstanding service among colleagues and clients alike.
The compassionate lawyers of KMW Legal can provide valuable legal insight and negotiate effectively on your behalf. We will look at how your injury has impacted your health, finances, lifestyle, and capacity to work in order to determine the true value of your damages. No medical malpractice lawsuit is exactly the same, we will treat your claim with the respect and attention it deserves.
KMW Legal is Proud to Serve Victims of Medical Malpractice in Boca Raton, Florida
The city of Boca Raton is home to 97,422 residents. It is located along the coast of Palm Beach County, where it is known for its upscale shopping, luxury beachside amenities, and mild climate. Boca Raton residents who have experienced medical malpractice have looked to the lawyers of Keller, Melchiorre & Walsh for unparalleled legal service over the past decade.
Our lawyers are known as diligent, clear communicators who relentlessly pursue maximum compensation for their injured clients. With KMW Legal by your side, you can rest assured that your medical malpractice claim will be meticulously crafted and staunchly championed.
Contact a Boca Raton Medical Malpractice Lawyer Today
An unexpected injury, illness, or chronic condition may have already landed you in medical debt and force you to miss work to recover. An act of medical malpractice by a trusted healthcare provider may decimate your family’s finances, cause you irreparable injury, and take a considerable emotional toll on your mental health.
You have the right to seek damages in a medical malpractice lawsuit if you have reason to believe that your injury was the result of a negligent medical provider failing to meet the standard of care. If you aren’t being offered what your medical malpractice lawsuit is worth, we won’t push you to settle- we’ll take your claim to trial.
Our word-of-mouth reputation is a point of pride that has allowed us to expand across the state of Florida. Reach out to our Boca Raton office today to request a no-cost, no-commitment strategy session with our top-notch legal team. We are prepared to leverage our hard-earned knowledge of insurance company tactics to recover the compensation you deserve in a medical malpractice lawsuit.