Medical malpractice can be committed by general practitioners, surgeons, other specialists, including anesthesiologists, dentists, and chiropractors and at hospitals, and clinics. Anyone who assumes a duty to provide you with medical treatment may be held accountable in a medical malpractice case if they are found responsible for neglect or egregious misconduct that resulted in harm to a patient.

If you or someone you love has suffered because of medical malpractice, contact a Palm Beach County medical malpractice lawyer today to discuss your case. A diligent and aggressive lawyer will be able to help investigate your injuries, prove your damages, and help hold doctors accountable for their actions. En Español.

Types of Medical Malpractice Cases

Many different things that a care provider does can be considered medical malpractice, including:

  • Failure to diagnose a medical condition
  • Incorrectly diagnosing a medical condition
  • Failure to follow up or to provide the results of lab tests
  • Botched procedures
  • Delayed treatments
  • Failure to obtain informed consent
  • Medication errors
  • Dangerous or defective medical products and pharmaceuticals

Doctors and other medical care providers have a duty and an obligation to provide their patients with the best care possible. At least, a doctor must provide the care of a competent professional.

However, when a doctor fails to employ the level of care that is expected of a medical professional, a Palm Beach County medical malpractice lawyer can help individuals hold the doctor liable for the injuries and harm they cause.

Filing a Medical Malpractice Claim in Palm Beach County

Unfortunately, residents of Palm Beach County are subjected to instances of medical malpractice on a daily basis. Anyone who believes they have been injured because their doctor failed to provide them with the care they need may be entitled to compensation by filing a medical malpractice claim.

However, filing a claim against a health care professional requires going through an exhaustive filing process and if not followed precisely can result in a patient’s claim being dismissed.

According to Florida medical malpractice filing laws, a person cannot file a medical malpractice case until they notify all of the prospective defendants by sending them a notice of intent to initiate litigation(Florida Statutes Title XLV Chapter 766.106).

Even this first step in a medical malpractice case is filled with requirements and a notice of intent to initiate litigation must include the following:

  • A list of all known health care providers who provided treatment for injuries you had after the alleged act of malpractice
  • All known healthcare providers who treated you during the two years prior to the alleged negligence
  • Copies of all medical records relevant to the claim
  • A written opinion from a verified medical expert stating that there are reasonable grounds to believe the defendant engaged in negligence, which led to the injuries

Ninety Days to Respond to the Notice

Following this notice, defendants will have 90 days to respond to a patient’s notice, during which time the doctor and their insurance company will be afforded an opportunity to investigate the claim to determine if they share any liability.

Either during or after this period, a doctor and or their insurance company will issue a response, either rejecting the claim, making an offer to settle, or offering to engage in arbitration.

A Palm Beach County medical malpractice attorney can help ensure that a patient meets these requirements for filing a medical malpractice claim, and can also help investigate and prove a case, can work with insurance companies and can provide aggressive legal representation in settlement negotiations, arbitration, and in court.

Speaking with a Palm Beach County Medical Malpractice Attorney

If you or someone you love has suffered because of medical malpractice, a Palm Beach County medical malpractice lawyer is ready to help. Medical malpractice cases tend to be some of the most complex cases litigated in Palm Beach County, and having an experienced and dedicated medical malpractice lawyer at your side can help ensure your rights are protected and you receive the compensation you deserve.

Facebook linkedin twitter
Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260