Physician Error Attorneys in West Palm Beach, FL Fighting Doctor Negligence in Palm Beach County and Throughout Florida
Though we put our lives in their hands, doctors can make mistakes. When those mistakes occur due to negligence and cause you or a loved one serious harm, you can sue the doctor with the help of West Palm Beach doctor negligence lawyers.
Like everyone else, doctors aren’t perfect. Due to the seriousness of their work, we hold them to a high standard, usually by putting rules and procedures in place to help protect patients. When a doctor fails to provide this expected standard of care due to negligence, they may be liable for any injury that results.
Doctor negligence is, unfortunately, quite common. That’s one reason why all doctors in Florida must carry medical malpractice insurance. One survey estimated that one in four Americans have experienced a medical error personally or through a loved one.
When to Sue a Doctor for Negligence in Palm Beach County and Throughout Florida
Not all medical errors warrant a claim or lawsuit. There are numerous factors that must be weighed before it can be determined if you have a valid malpractice claim. Your best option is to work with physician error attorneys in West Palm Beach, FL for help with your case.
Sometimes doctor errors may arise from negligence in hospital staff or procedures, in which case it might be more appropriate to sue the hospital. You may not realize it, but it’s more likely that the doctor is an independent contractor, therefore not actually employed by the hospital.
Legally, the doctor and the hospital are part of different entities, which means it’s important to recognize who is liable for your suffering.
More importantly, not every mistake merits a medical malpractice lawsuit. Some patients sue just because they didn’t like the doctor or for poor bedside manner. Such a case will just get thrown out. You must have a legitimate and provable claim, such as:
- Medication errors
- Misdiagnosis, delayed diagnosis, or failure to diagnose
- Inappropriate or unnecessary treatment
- Failure to consult colleagues and appropriate specialists
- Fatigue or impairment during procedures
- Failure to follow hospital procedures for patient care
- Failure to obtain informed consent
- Negligent or inadequate handoff care
There are many other reasons why doctors, surgeons, nurses, and other healthcare professionals can be found negligent. If you’re not sure about your case, consult our West Palm Beach doctor negligence lawyers for a free case evaluation.
When Does Doctor Negligence Qualify as Malpractice in Palm Beach County and Throughout Florida
Florida’s procedural rules for medical malpractice cases say you must conduct a pre-suit investigation to establish that you have a justified claim before filing a case in court. To make a strong case, your doctor negligence lawsuit must satisfy four main elements:
- That you had a doctor-patient relationship at the time with the defendant, and thus they owed you a duty of care
- The healthcare provider was negligent by providing a poor standard of care, thus breaching their duty
- Causation, which means the physician’s negligence led to the patient’s injury
- The patient suffered damages that can be compensated
The legal yardstick used in medical malpractice claims is called the “reasonable person standard of care.” It’s defined as the type and level of care that would be expected of a reasonably skilled and competent healthcare professional of the same training and background in the same circumstances.
In other words, the question to answer is whether a similar doctor would have made the same mistake in similar circumstances. If not, then you probably have a medical malpractice claim and should work with experienced West Palm Beach doctor negligence lawyers to help you win your claim.
How to File a Malpractice Lawsuit for Doctor Negligence in Palm Beach County and Throughout Florida
After establishing that you have a valid claim and conducting the pre-suit investigation, the next step is to notify all defendants of your intent to sue. This must be done at least 90 days before filing the case in court, which should be done by certified mail with a return receipt requested.
The defendant’s insurer will investigate the claim and determine if there are grounds for malpractice. They’re required to reply to your notice before the 90 days are up by rejecting the claim or with an offer to settle.
Throughout this process, it’s very important to work with experienced physician error attorneys in West Palm Beach, FL. In addition to the procedural requirements, it’s vital to file a strong case from the start knowing that the insurance company lawyers will work hard to knock down your case.
Even if the defendant accepts liability and offers to settle, it’s more likely than not that they will try to lowball you or trick you into signing unfair terms of settlement. Let a skilled West Palm Beach medical malpractice lawyer help you negotiate the best terms possible.
Physician Error Attorneys in West Palm Beach, FL You Can Trust in Palm Beach County and Throughout Florida
Medical malpractice cases are often difficult to litigate, whether they’re against a doctor, surgeon, hospital, consultant, or any other healthcare professional. Proving negligence and liability requires highly specialized medical malpractice attorneys.
For example, your attorney should work with healthcare experts to certify that your case holds merit, which is required if you file the case in court. They also work hard to collect evidence that could help prove liability, such as medical records, doctor’s notes, and statements of other healthcare providers.
Choose the Best Doctor Negligence Malpractice Lawyers in Palm Beach County and Throughout Florida
The distinguished medical malpractice lawyers at Domnick, Cunningham & Yaffa are some of the most decorated in Palm Beach County. Having litigated many malpractice claims worth millions and tens of millions, we have the experience and determination to help you win your doctor's negligence claim.
We take cases on a contingency basis, which means we only get paid if you win the case. Call us now for your free case evaluation and get let’s get started with your doctor malpractice case.