According to the National Practitioner Data Bank, individuals filed over 24,000 adverse action reports against doctors in Florida in 2016, making medical malpractice one of the leading causes of injury in Palm Beach Gardens. If you believe you have suffered injury or losses because of medical malpractice, you may have grounds for a lawsuit.
With decades of experience, a trusted Palm Beach Gardens medical malpractice lawyer could discuss your case with you, work with medical professionals, and aggressively defend your rights to hold negligent doctors liable for their actions. Read on to learn more about how a skilled injury attorney could help make a difference for your case today.
What is Medical Malpractice?
An action for medical malpractice is a claim in tort or in contract for damages due to the death, injury, or monetary loss to any individual arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.
Furthermore, Section 766.102 of the Florida Code mandates positive proof that a doctor deviated from the prevailing professional standard of care for that health provider. The standard of care in a medical malpractice case can be defined as that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.
Palm Beach Gardens Negligence Laws
Most medical malpractice cases rely on a theory of negligence. It is critical to understand how Palm Beach Gardens’ negligence laws work, and how these laws may impact a case and ultimately a plaintiff’s ability to recover compensation for their injuries. Palm Beach Gardens follows a theory of pure comparative negligence, meaning that an individual’s damages will be proportional to their own amount of fault.
For example, if a patient does not follow a doctor’s advice for post-surgery care and contributes to their own injury, the court would reduce their right to compensation by their percentage of fault. Therefore, if a jury found that the patient was 25% at fault for their injury, the court would reduce their damages received by 25%. A skilled injury lawyer can offer their assistance in establishing liability at the outset of a case.
When to File a Medical Malpractice Case
A patient may file a medical malpractice lawsuit any time they suffered an injury that a doctor’s negligence caused. However, it is important to understand that there is a time limit for filing a claim. Palm Beach Gardens medical malpractice claims fall under a statute of limitations set at two years from the date of an injury. Know that there are also certain situations that may extend this two-year limit.
Florida statutory language provides for a discovery period in which an individual has two years from the date they discovered or should have discovered an injury. However, pursuant to this statute, this period must be within four years from the date of medical malpractice actually occurring, according to Fla. Stat. Ann. § 95.11.(4)(b).
Contacting a Palm Beach Gardens Medical Malpractice Lawyer
If you suffered an injury because of medical malpractice, you may want to turn to the trusted guidance and support of a skilled Palm Beach Gardens medical malpractice lawyer who could help you consider your legal options to hopefully recover the compensation you deserve. Reach out to a dedicated Palm Beach Gardens medical malpractice lawyer today to schedule your initial consultation.