Boca Raton Medical Malpractice Lawyer

We put our health, and oftentimes even our lives, in the hands of our medical providers. And while the vast majority of them are conscientious and careful professionals, some providers can be negligent and cause harm to their patients that could have been avoided. If you suspect that you or someone you love is the victim of medical malpractice, contact LCTR to discuss your case and your rights.

Understanding Medical Malpractice

Types of medical malpractice cases

Medical malpractice is a general category of claims that include any case where the patient is injured (or has an injury aggravated) as a result of a health care provider’s failure to provide adequate care. At LCTR, we help our clients obtain fair compensation for the injrueis and damages which they have suffered in complex, high-stakes cases. We handle all types of medical malpractice claims including, but not limited to the following:

Misdiagnosis or Delayed Diagnosis;
Surgical Errors;
Medication Errors;
Anesthesia Errors;
Birth Injuries;
Medical Device Errors;
Failure to Obtain Informed Consent;
Nursing Home Negligence;
Emergency Room Errors;

If you have suffered harm as a result of medical malpractice, it is critical that you contact a Boca Raton medical malpractice lawyer to discuss your case and your options.

Common examples of medical malpractice

Medical malpractice occurs any time that a doctor, nurse, or other health care provider fails to provide treatment that meets the standard of care. Some of the most common examples of medical malpractice that patients suffer include the following:

Misdiagnosis; Failure to timely identify a condition or misidentifying a condition that is timely identified;
Surgical errors such as causing unnecessary or unforeseen injuries during a procedure, performing the wrong procedure or leaving instruments or other foreign items inside the patient;
Medication errors such as administering the wrong medication or wrong dosage
Birth injuries such as injuries caused by the improper use of forceps, failure to monitor the baby’s vital signs, and/or delays in delivery which cause harm.

Medical malpractice can be difficult to identify. If you received medical treatment and something seems wrong, or your recovery isn’t going well, or you have suffered unexpected side effects, listen to your body and seek immediate medical treatment.

Why You Need a Boca Raton Medical Malpractice Lawyer

Once your condition has stabilized, you should discuss your case with an attorney who has experience in handling medical malpractice claims. They can assess your case and explain your options so that you can make an informed decision about whether you should consider pursuing a claim.

Importance of Legal Representation

As noted above, identifying whether malpractice occurred can be difficult, especially for non-lawyers. Even if you are certain that something went wrong, you must be able to prove your case. An attorney can assess whether you may have a medical malpractice claim and if so, identify any and all individuals who caused and/or contributed to cause your condition..

Beyond that, a lawyer can act and speak on your behalf. This means that they can handle all of the aspects of your claim so that you can focus on your health. Furthermore, they can take the necessary steps to protect your claim and your rights and avoid the mistakes that non-lawyers make that jeopardize their claims.

Gathering Evidence and Consulting with Medical Experts

To get the compensation you deserve, we work to build the evidence that is necessary to assure that all aspects of your claim are perfected. That includes not only developing and obtaining compelling evidence that proves that the provider committed medical malpractice, but also in establishing through objectively verifiable evidence the damages that you suffered as a result thereof. For many malpractice victims, gathering the evidence they will need can quickly become overwhelming. An experienced Boca Raton medical malpractice lawyer can gather the evidence you need, including the following:

Your medical files and bills;
Proof of your lost income as a result of the malpractice;
Proof of your loss earning capacity into the future;
Proof of the pain and suffering you have endured;
Proof of your future medical expenses;
Proof that your medical provider failed to meet the applicable standard of care.

Determining The Value of Your Case

You may be entitled to financial compensation if you are the victim of medical malpractice. This compensation could include both your economic and non-economic damages. And while most medical malpractice cases settle out of court, most non-lawyers unfortunately settle their claims for far less than they are worth. After careful review and consideration of all of the relevant factors that would apply to your particular case, a Boca Raton medical malpractice lawyer from LCTR can provide you with an understanding of the amounts and categories of compensation you may be entitled to and what you can expect to be presented in a settlement conference or at trial.

Negotiating with Insurance Companies

All medical providers and healthcare institutions have malpractice insurance to provide coverage in the event that a claim is filed against them. The insurance company will therefore determine whether or not the case will settle or go to trial.

Insurance companies scrutinize every claim they receive, demanding strict proof of your losses. You should expect that they will challenge every element of your case. As a result, they can be very difficult when attempting to negotiate a settlement. You need an attorney on your side to make sure that you get a fair settlement of your claim.

Representing You in Court

The legal process is extremely difficult for non-lawyers to successfully navigate. Seemingly minor procedural issues can do irreparable harm to your case. You need to know what documents you need to file, when you need to file them, and how they need to be presented to the court. You need to understand what evidence you will need and how to use it to build a compelling argument that will persuade the judge or jury to rule in your favor and award you the compensation you deserve.

A Boca Raton medical malpractice lawyer can help you through the entire litigation process, from filing your lawsuit to representing you at trial. In addition, they will know what steps you need to take before you file your lawsuit to make sure your case is as strong as possible. Even if you do not want to file a lawsuit and hope to settle with your insurance, having an attorney involved raises the possibility of litigation and maximizes your chances of a fair recovery.

The Medical Malpractice Lawsuit Process

Presuit Process pursuant to 766, et. seq., Florida Statutes

Medical malpractice claims are like no other under Florida law in that under applicable law, a person making a claim for Medical malpractice must strictly comply with certain procedures prior to filing a lawsuit. These procedures include, but are not limited to, obtaining an affidavit of an expert with the same speciality as each prospective defendant. The retained expert must have reviewed all pertinent medical records and execute an affidavit establishing that he has reviewed all applicable materials and has come to the determination that the prospective defendant more likely than not breached the applicable standard of care. Only then can you place a prospective defendant on notice of your intent to sue them pursuant to applicable law.

The retention and consultation with medical experts at this phase of your case is critical as they will not only provide the legal foundation for your medical malpractice claim, but they work to identify how it is the malpractice at issue occurred, identify the health care providers involved, and assist in the preparation of the prosection of your case as they are eventually called upon to testify at trial on your behalf. At Boca Raton medical malpractice lawyers, we retain world class experts from the highest education institutions throughout the country to assist us in the prosecution of your case.

There are a multitude of other requirements which must be complied with prior to the filing of a lawsuit, which must be complied with by attorneys who have knowledge of the statutes associated with this process. It is of critical significance that all presuit requirements be complied with; otherwise, the lawsuit will be dismissed. A Boca Raton medical malpractice lawyer can help you through the entire presuit process.

Filing a Complaint

The next step in the litigation process is to file a lawsuit, sometimes referred to as a Complaint for Damages. This document will explain the factual and legal basis of your claim. It will include a recitation of the fundamental facts in the case, list all of your legal claims, and set forth the categories of damages which you are seeking. The purpose of the Complaint is to give notice to the opposing parties of the basic elements of your claim. As a result, the Complaint will not include all of your evidence or arguments that you will raise but will simply put the defendants on “notice” of the claims which will be pursued on your behalf..

Your complaint must be filed with the court with a copy “served” through legal process upon the opposing parties within the applicable statute of limitations. It is important to note that the law has very specific requirements when it comes to providing the other side with a copy of the lawsuit – you cannot just send them a copy in the mail or via email. This is sometimes referred to as “service of process.” If you fail to serve the other side correctly, you cannot proceed with your lawsuit and it may actually be dismissed.

Discovery Phase

Once the lawsuit has been filed and properly served, the next step in the litigation process is to engage in discovery. Discovery is a term that encompasses a variety of tools that the parties can use to gather the evidence and assess the other party’s case. Some of the tools that may be available in the discovery process include the following:

Subpoenas – typically used for obtaining documents in the possession of third parties.
Interrogatories – a list of questions sent to the opposing party that require them to provide answers in writing.
Depositions – a meeting where the parties or other witnesses are put under oath and required to testify as to various aspects of the case.

These tools can help you obtain evidence that you wouldn’t otherwise have access to. They can also help you sharpen the issues in the case, and identify the strengths and weaknesses of the other party’s case. Conducting depositions is possibly the most useful discovery tool – not only are people testifying under oath, but they are testifying on the record. In addition, the rules of evidence will apply. As a result, depositions are often a preview of what you can expect at trial.

Settlement Negotiations or Trial

Even if you file a lawsuit, settlement is still an option. In fact, filing a lawsuit often provides additional leverage and encourages settlement – litigation is expensive, and as the case progresses, the other side may realize that the case is more likely to be decided in your favor. As a result, settlement negotiations may be ongoing throughout the litigation process. As the case proceeds, your attorney can provide an opinion on the likelihood of success and the reasonableness of any settlement offers. This information can help you make an informed decision as to whether you should settle or go to trial. Should you choose to proceed to trial, your lawyer can handle the entire process including examining witnesses, introducing evidence, and making the argument as to why you deserve the financial compensation you are seeking.

Appeals, if Necessary

Of course, there is no guarantee of success and not every trial results in a verdict for the victim. However, you do have a right of appeal guaranteed by the Florida State Constitution should the trial result in an unfavorable outcome. It is important to emphasize, however, that cases can be appealed only when a legal error was made. In other words, you can’t appeal just because you lost or because you are unhappy with the outcome. That said, it can be difficult to know when there is an appealing issue in a case. If you have received an unfavorable outcome in your case and are considering an appeal, you should contact a Boca Raton medical malpractice lawyer as soon as possible.

Informed Consent and Medical Malpractice

What Is Informed Consent?

The phrase “informed consent” describes the process by which a doctor or other medical professional provides the patient with the necessary information to make an informed decision to proceed with medical treatment. What constitutes informed consent can vary from case to case, depending on the nature of the procedure, the patient’s ability to understand the information, and how urgent it is for the patient to receive treatment. In general, however, the process involves reviewing the following points with the patient:

The nature of any potential risks or side effects associated with the treatment;
How often those risks materialize and how often patients experience those side effects;
The likelihood that the treatment will be successful; and
Whether there are any viable alternative treatments available.

Broad or generic disclosures are rarely sufficient for obtaining a patient’s informed consent. The process must be a meaningful attempt to communicate and explain everything that the average patient would need to know.

How Failure to Obtain Informed Consent Can Lead to A Medical Malpractice Case

Failure to obtain a patient’s informed consent can lead to medical malpractice claims when the patient suffers any harm as a result of treatment that was not encompassed within the informed consent. For example, the patient could pursue a medical malpractice claim if they suffer from any side effects or potential risks arising from the procedure, even if the doctor did nothing wrong besides fail to obtain the patient’s informed consent. However, patients must suffer some harm in order to pursue a medical malpractice case – the fact that the doctor failed to obtain your informed consent is not sufficient by itself. Regardless, you should speak with a Boca Raton medical malpractice lawyer if your doctor did not obtain your informed consent before providing treatment.

Statute of Limitations for Medical Malpractice Claims in Boca Raton

The statute of limitations is the deadline by which you must file a medical malpractice lawsuit or you will lose all of your rights to compensation. Even if you do not plan to go to court, this deadline will apply to your case. As a result, it is critical that you seek legal counsel as soon as possible if you believe you may have a claim.

The statute of limitations for medical malpractice claims if Florida is complicated. The general rule is that you have two years from the date you discovered the malpractice or reasonably should have discovered the malpractice. However, there are exceptions to this rule if the malpractice could not have been reasonably discovered during that period, or the case involves minors, fraud, or concealment.

Do not assume that one of these exceptions applies to your case. Instead, contact a Boca Raton medical malpractice lawyer the moment you suspect you may be the victim of medical malpractice.

Determining if You have a Medical Malpractice Claim

One of the things that make medical malpractice claims challenging is the fact that there is no guaranteed outcome when it comes to medical treatment. The fact that the treatment was unsuccessful, the patient suffered complications, or even that the patient died as a result of the treatment, may not be enough to assert a claim. Many medical procedures are inherently risky, especially when the patient is in poor health. To pursue a successful claim, you must be able to prove that the medical provider failed to meet the standard of care. Fortunately, you do not need to figure this out on your own – a Boca Raton medical malpractice lawyer can review your case and determine whether you have a claim.

Frequently Asked Questions

What is the average settlement for medical malpractice lawsuits in Florida?

Statistics indicate that the average settlement for medical malpractice claims in Florida is approximately $250,000. However, patients who may have malpractice claims should note that the value of your claim will vary according to the severity of the harm you have suffered. Cases where the patient died as a result of medical malpractice can be worth significantly more.

What qualifies as medical malpractice in Florida?

Medical malpractice occurs any time a medical provider fails to provide treatment that fails to meet the applicable standard of care. Generally speaking, the standard of care is determined by considering what another provider with the same education, training, and experience would have done in the same situation. This is not easy to determine, especially for non-lawyers or people who are not medical professionals. This is one of the reasons why you should contact a Boca Raton medical malpractice lawyer – they will be able to determine whether you might have a claim, and then gather the proof you need.

Does Florida have a cap on medical malpractice?

Yes. There are certain ways a health care provider can limit the damages which are awardable under Florida law and that is by demanding arbitration at the conclusion of the presuit/investigatory phase. Proponents of tort reform legislation continue to try to impose caps on damages in medical malpractice and other personal injury claims – legislation was pending earlier this year that thankfully. As a result, we encourage anyone who thinks they may have a medical malpractice claim to contact a Boca Raton medical malpractice lawyer as soon as possible in order to protect the true value of your case.

What is the hardest element to prove in a medical malpractice case?

As an initial matter, there is no “easy” element in proving a medical malpractice case. At LCTR, we take nothing for granted, and make sure that each element is painstakingly proven. The most critical element in any medical malpractice case is proving that the medical provider did not meet the standard of care. This element is often the crux of the entire case, and proving it requires expert testimony from medical professionals who are uniquely qualified to testify on this point. This is one of the reasons why it is nearly impossible for non-lawyers to successfully pursue a medical malpractice claim.

In other cases, the element of “causation” is the main dispute in the matter. Causation in the context of medical malpractice litigation is proving that the medical professional’s “negligence” was the cause of injury to the victim. To prove causation, the plaintiff (the patient or their representative) must establish two main elements:

Actual Cause (Cause in Fact): This means showing that the healthcare provider’s actions (or inactions) were the direct cause of the injury. In legal terms, this is often evaluated using the “but-for” test, which asks whether the injury would have occurred “but for” the provider’s negligence. For example, if a doctor failed to diagnose a condition, the plaintiff must show that the correct diagnosis would have prevented the harm or altered the outcome.
Proximate Cause (Legal Cause): This refers to whether the harm was a foreseeable result of the negligence. Proximate cause involves showing that the injury was not just a remote or indirect consequence of the provider’s actions but a direct and foreseeable outcome. For instance, if a surgical error leads to an infection, it must be shown that the infection was a foreseeable complication of the error.

In essence, proving causation in medical malpractice cases requires demonstrating both that the negligence was a substantial factor in bringing about the injury and that the injury was a foreseeable consequence of that negligence. This often involves expert testimony to explain how the standard of care was breached and how that breach directly resulted in the patient’s harm.

Speak with a Boca Raton Medical Malpractice Lawyer Today to Learn About Your Legal Rights

LCTR provides free consultations to people who believe they may have been harmed as a result of medical negligence or medical malpractice. We will review your case, assess your claim, and explain your options for moving forward. Call or email us today to schedule your appointment.

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