When you seek medical treatment from a healthcare provider, you are effectively putting your life and well-being in their hands. Healthcare workers who fail to meet the standard of care for their patients can cause serious injuries or allow treatable issues to worsen in what is known as medical malpractice.
You may feel frustrated or violated after someone you relied on to care for you at your most vulnerable causes you further harm. A personal injury attorney can help you determine if injuries you have suffered during medical care are due to medical malpractice and what damages you may be able to claim in a medical malpractice lawsuit.
KMW Legal Can Help With Your Medical Malpractice Claim
KMW Legal wants to empower victims of medical malpractice to reclaim their lives from medical debt, the burden of lost wages, and emotional turmoil. With over thirty years of combined legal experience under our belts, the lawyers of Keller, Melchiorre & Walsh have successfully utilized our resources and expertise to recover maximum compensation for victims of medical malpractice.
When your health and finances are in jeopardy due to a healthcare professional’s negligence, you need to know that your lawyer won’t back down when negotiations stall. Our skilled legal team has the advantage of having prior trial experience that has enabled us to effectively negotiate with insurance companies to secure a fair settlement.
You can count on the lawyers of KMW Legal to have your back. KMW Legal invites you to schedule a no-commitment strategy session with our West Palm Beach team, free of charge. We’ll go over your legal options with you and offer advice that is specific to your medical malpractice claim.
What Qualifies as Medical Malpractice?
In most cases, a simple error is not enough to constitute a medical malpractice claim. In order to establish a credible case of medical malpractice, your attorney will first need to prove that the negligent party was acting in their capacity as a healthcare professional, meaning that the negligence occurred within the context of your doctor-patient relationship.
The healthcare professional in question must have also neglected to meet the standard of care that a comparable provider would have administered under similar circumstances, therefore directly causing your injury. This often requires expert testimony from another medical professional to validate.
The final hurdle for establishing a successful medical malpractice claim is proving that your injury resulted in measurable damages. Your injury may technically be an undiagnosed or inaccurately identified condition, or incorrectly administered or substandard treatment. The damages listed in your lawsuit may include costs like your resulting medical bills, lost wages or earning potential, and pain and suffering.
Who is Liable in a Medical Malpractice Lawsuit?
Medical malpractice is a term that can be applied to healthcare professionals who work in a variety of settings, such as hospitals, clinics, and private practices. The key to establishing liability in a medical malpractice case is demonstrating that the expected standard of care was violated by a healthcare professional. There are many types of healthcare professionals and parties who can potentially be held liable for medical malpractice. Some examples include:
- Primary care providers
In a case of medical malpractice, a surgeon with one year on the job would be compared against the standard of other surgeons in the same specialty with a similar amount of time on the job.
If the defendant’s mistake would be unacceptable compared to the skills and judgment their peers would use in a similar situation, that would provide evidence to support a claim of medical malpractice. An experienced medical malpractice attorney will be able to leverage expert medical testimony to substantiate your claim for damages and recover a fair settlement.
Common Types of Medical Malpractice
Due to the deference and trust that we place in healthcare workers, they are held to a high standard when it comes to caring for their patients. Unfortunately, cases of medical malpractice do exist. Your physician may have dismissed your concerning symptoms or operated on you unprepared. In a worst-case scenario, your family may be filing a wrongful death lawsuit after a loved one succumbed to an undiagnosed condition or an incorrectly administered treatment.
Surgical Errors Can Leave Healthcare Workers Liable
In a high-pressure environment like surgery, mistakes can be made. Surgeons and their staff are still required to mitigate the risk of harm to the patient by exhibiting appropriate caution. This can look like adhering to operating room protocols like handwashing, double-checking that all surgical instruments are accounted for before closing the patient, and considering allergies. Even with these protections in place, surgeons may still make other mistakes like operating on the wrong body part or damaging organs while repairing an injury.
Failure to Warn Patients May Constitute Medical Malpractice
Your healthcare provider has a duty to inform you of the potential risks and known side effects of undergoing a particular treatment. According to the AMA, as a patient, you have the right to “receive information and ask questions about recommended treatments so that they can make well-considered decisions about care” to give informed consent. If your provider neglects to properly explain the effects of treatment, they may be liable for adverse outcomes.
Mistaken or Missed Diagnosis Can Cause Serious Complications or Injuries
Many instances of medical malpractice rest on claims that a healthcare provider allowed a condition to go untreated because they failed to identify symptoms or misinterpreted them as a different health issue. This can happen with both chronic conditions like lupus, or acute injuries like a traumatic brain accident. When misdiagnosis occurs, the incorrect or delayed treatment may have exacerbated your symptoms or even led to a severe injury.
Incorrect or Incompontently Administered Treatment
In some cases, healthcare providers will become sloppy due to stress, fatigue, or carelessness. If they improperly or erroneously administer a treatment that results in an injury, they may be considered liable if other providers in their position would not have made the same mistake. The consequences of receiving the wrong treatment can range from additional medical bills to painful and life-threatening complications.
How Can a Medical Malpractice Lawyer Help Me?
Medical malpractice cases often rely on highly-technical medical records, ample documentation of damages, and the testimony of respected medical experts. In addition, the statute of limitations for medical malpractice cases in Florida can be as limiting as two years after the incident occurred with variance depending on the details of the case.
This leaves a small window for a medical malpractice lawyer to review the case, conduct their own research, recruit expert witnesses, catalog your damages, and calculate what the value of your settlement should amount to.
If you attempt to face a negligent doctor’s insurance company alone, there’s a much greater chance that your medical malpractice claim will be significantly diminished or dismissed outright. A seasoned medical malpractice lawyer will be able to discern the best strategy for negotiating damages that encompass the true scope of your losses, including emotional, physical, and financial costs.
KMW Legal Can Help With Your Medical Malpractice Lawsuit
As West Palm Beach medical malpractice lawyers, we know how intimidating it can be to confront the healthcare provider who prolonged an already painful recovery or permanently reduced your quality of life. While their insurance company may be the one to ultimately pay your damages, we recognize that you have already paid a high price.
At Keller, Melchiorre & Walsh, we will be with you every step of the way to recover a fair settlement that compensates you for what you have lost. We won’t back down from a challenge, even if that means taking your medical malpractice lawsuit to trial.
Our lawyers are highly sought after for their ability to successfully negotiate settlements that address our client’s past expenses and future needs, and we’ve got the results to prove it. When you hire KMW Legal, you can rest assured that your medical malpractice lawsuit is in capable hands.
KMW Legal is Proud to Serve Victims of Medical Malpractice in West Palm Beach, Florida
West Palm Beach is a growing city of 117,415 located in Palm Beach County. It is known for its history, plethora of entertainment options, and welcoming beaches. West Palm Beach also serves as the county seat.
KMW Legal has spent the past decade supporting West Palm Beach patients and their families in their pursuit of fair settlements from negligent providers. Our clients depend on our legal insight to navigate the complicated medical malpractice claims process and recover maximum compensation.
Contact a West Palm Beach Medical Malpractice Lawyer Today
Healthcare workers are trusted to make difficult and potentially life-altering decisions for the patients in their care. When they are negligent in their duty to provide the standard of care, they can cause irreparable damage. Patients may suffer mental anguish, become permanently disabled, or incur staggering medical bills.
When a healthcare provider lets you down, it can feel like your life is spinning out of control through no fault of your own. At KMW Legal, we won’t take your trust for granted. We will commit our resources and our effort to the relentless pursuit of a fair settlement at the negotiation table or in the courtroom.
If you are looking for confirmation of our skills, testimony from former clients will speak to the quality and character of the attorneys you will find at KMW Legal. We encourage you to get in touch with our West Palm Beach office to schedule a free strategy session with our team. Our lawyers look forward to hearing your story so that we can begin exploring your options to recover maximum compensation in a medical malpractice lawsuit.