Whenever you visit the hospital, you’d expect to receive professional medical attention. Unfortunately, thousands of people end up injured or lose their lives due to the negligence of healthcare providers. If a negligent doctor or medical professional injured you or someone you know, we can help. Accident Attorneys Boca Raton dedicates its effort to hold the liable parties accountable for your losses.
Our Boca Raton medical malpractice attorneys will fight aggressively and strategically to get you the compensation you deserve. To learn more about all of our services and how we can assist you with your case, contact us today.
What Constitutes Medical Malpractice in Boca Raton?
Medical malpractice is the legal term utilized to define negligent actions or omissions by a healthcare provider. Every doctor, nurse, surgeon, and other medical professionals are expected to behave according to their training and education. The medical community has also established what is known as the “medical standard of care.” The medical standard of care is expected from a prudent, reasonable healthcare provider. It refers to the actions a qualified healthcare professional would have employed under similar circumstances. In short, any medical professional engages in medical malpractice when their acts or omissions cause harm to their patients.
Liability and Proving Your Medical Malpractice Claim in Boca Raton, FL
If your doctor caused harm to you or a loved one, you may file a medical malpractice claim. This includes any healthcare professionals related to your injuries such as doctors, nurses, assistants, pharmacists, and any other medical professionals.
Proving your medical malpractice claim requires showing the existence of several elements. Our Boca Raton medical malpractice attorneys can help you determine the existence of all the elements in your claim.
First, you will need to show the court that your doctor owed you a legal duty of care. As we mentioned before, medical professionals are held to a higher standard when it comes to the care they provide their patients. For instance, you may argue that your doctor had a duty to make sure they offered you an early, accurate diagnosis of your condition. The second element you will need to show with the court is the breach of duty. The breached duty occurs when a medical professional deviated from their medical standard of care. You may establish that your doctor breached their duty of care by providing you with a late misdiagnosis.
Next, you will need to establish a causal relationship between your doctor’s negligence and your losses. For instance, you may argue that your doctor’s negligent actions or omissions caused the advanced development of a disease, due to their misdiagnosis. Finally, you will need to demonstrate you suffered losses as a consequence of your condition, such as medical bills, lost wages, and pain and suffering.
How Much Compensation Can I Expect from My Medical Malpractice Claim?
The exact amount of compensation an injured patient can recover is something the court determines on a case-by-case basis. There is no one-size-fits-all remedy when it comes to medical malpractice claims. However, it is necessary to make a distinction between the two types of compensation or damages a plaintiff can recover.
In personal injury claims, a plaintiff can recover economic damages and non-economic damages. Economic damages are those that can be easily quantified. Common examples of economic damages include medical bills, lost income, and loss of earning capacity. Non-economic damages refer to the compensation assigned to losses that are hard to measure or quantify. Common examples of non-economic damages include loss of companionship, pain, and suffering, and emotional damage.
Florida has a cap on non-economic damages in medical malpractice claims. For instance, the cap is set to $1 million if the plaintiff enters into a vegetative state or dies as a result of medical malpractice. Conversely, Florida has no cap to economic damages the plaintiff suffers as a result of their malpractice case. In other words, there are no limits to the amount of money the court may grant you for economic damages.
Statute of Limitations for Medical Malpractice Claims in Boca Raton
The statute of limitations sets a legal timeline in which a plaintiff must file their claim with the court. This means that you must file your medical malpractice claim within the established limited time, or you risk losing your right to compensation. Under state law, a plaintiff has up to two years from the time the incident gave rise to the cause of action.
Two years may seem like you have time to take care of other business and then file your claim. This is not necessarily the case. Medical malpractice cases are complex and nuanced. Generally, your medical malpractice lawyer will need time to gather all of the pertinent information related to your case. In addition to all of the vital data your lawyer will need to collect, you will need time to build your case. As a plaintiff, you have the burden of showing all of the elements discussed above. Arguing each of these elements requires preparation and a tremendous amount to detail.
It is always in your best interest to exercise your right to file your claim as soon as possible. The best way to approach your situation is by submitting your claim within the established statute of limitations and fighting for the compensation you deserve.
Call Our Boca Raton Medical Malpractice Attorney for a Free Consultation
At Accident Attorneys Boca Raton, we understand how difficult dealing with a medical malpractice injury can be. The emotional and physical toll can be tough on you and your family. That is why we dedicate all of our effort and resources to making sure we hold the liable parties accountable for your losses. We will fight aggressively and strategically to get you the compensation you deserve following your medical malpractice injury. You may feel overwhelmed and hopeless, especially if all you need to do is focus on your recovery. You don’t have to fight alone. Our Boca Raton medical malpractice attorneys can help you throughout the entire process. To schedule a free, confidential consultation with one of our attorneys, contact us today.