Palm Beach County Medical Malpractice Lawyer

Medical malpractice is much more prevalent than people realize and can result in severe injuries, permanent disabilities, and in some cases, death. Unfortunately, medical malpractice cases can be very difficult to prove, especially for non-lawyers. Waiting too long to pursue your claim or failing to document your case can make it even more difficult to get the compensation you deserve. 

If you or a loved one have been injured as a result of medical malpractice, the attorneys at Liberman Cabrera Thompson & Reitman, PLLC can listen to your story, evaluate your claim, and explain your options.  

Medical Negligence vs. Medical Malpractice

The terms medical negligence and medical malpractice are often used interchangeably because the two concepts are very closely related. In fact, you could argue that medical malpractice is a specific type of medical negligence. 

Medical malpractice occurs when a medical professional fails to provide treatment that meets the applicable standard of care. The standard of care is determined by what another medical professional with the same education, training, and experience would do in the same case. An example of medical malpractice would be a doctor recommending a very invasive course of treatment without first ordering the tests that would determine whether the treatment is necessary. 

Medical negligence is a more broad concept that generally refers to the failure to take due care to avoid causing harm to others. In other words, medical negligence covers unintentional or accidental harm that is caused while the hospital or provider is otherwise meeting the standard of care. 

It doesn’t really matter if it is negligence or malpractice – if you have been harmed as a result of receiving medical treatment, contact a Palm Beach County medical malpractice lawyer to discuss whether you are entitled to compensation. 

Medical Negligence in Palm Beach County

To better understand the difference between medical negligence and medical malpractice, it may be worthwhile to consider some common examples of medical negligence from Palm Beach County: 

• A surgeon accidentally knicks a major artery causing hemorrhaging during a routine surgery
• A hospital does not enforce cleaning protocols leading to an increase in infections among patients
• A doctor fails to make the correct diagnosis in a case with conflicting symptoms
• A lab doesn’t realize that the samples have become contaminated and provides inaccurate test results

Whether it is a medical facility or an individual medical provider, you may be entitled to compensation if you have been harmed as a result of medical negligence.  

FAQs – Empowering You with Information

What is the average settlement for medical malpractice lawsuits in Palm Beach County?

Determining the “average” settlement amount is difficult. Some studies suggest that the average medical malpractice settlement in the state of Florida is approximately $250,000. However, other statistics indicate that Florida is among those states with the highest total medical malpractice payouts – in 2022 Florida medical malpractice payouts totaled $382 million, second only to New York. And while statistics specific to Palm Beach County are not available, multi-million dollar settlements and verdicts are not uncommon. 

Ultimately, the settlement value of your case will depend on a variety of factors. These factors include the extent of the malpractice that occurred, the severity of harm that it caused, and the financial impact on your life, both now and in the future. If you believe that you have been harmed as a result of your doctor’s malpractice, a Palm Beach County medical malpractice lawyer can provide you with an estimate of what your claim may be worth. 

How do I sue for medical malpractice in Palm Beach County?

The first step is to contact a Palm Beach County medical malpractice lawyer. The legal process is difficult to navigate, especially for non-lawyers. Failure to meet seemingly unimportant procedural requirements can cause significant delays and even cause your lawsuit to be rejected by the court. In fact, simple mistakes can jeopardize your claim and your right to receive compensation. Therefore, the best thing to do is to work with a lawyer who knows how to navigate the process. 

Suing for medical malpractice begins with filing a lawsuit or complaint in the appropriate jurisdiction. Generally speaking, if you or your doctor reside in Palm Beach County, you could file your lawsuit in Palm Beach County. You will most likely file your case in the civil division of the Palm Beach County Circuit Court, which has jurisdiction over cases where the claim for damages exceeds $50,000.00. 

The lawsuit will include an outline of the facts of the case and the legal reasons why you are entitled to the specific amount of compensation you are seeking. The lawsuit will not include all of your evidence or a detailed recitation of all of your arguments. Instead, the purpose of the lawsuit is to put the other side on notice of your claim and the arguments you intend to make. 

In order for the lawsuit to proceed, you must provide the other party with a copy of the lawsuit. This sounds easy, but you must do so in a specific way dictated by Florida law. Referred to as “service of process,” this is a step that many non-lawyers get wrong. The court will not let your lawsuit proceed even if the other side is aware of your lawsuit if you have not served them with a copy of the lawsuit as required by law. 

All of that said, there are steps that you must take before you file your lawsuit: 

1. You must obtain an affidavit from a doctor or other medical professional that confirms that the harm you have suffered is the result of a medical error. 
2. You must inform the medical provider who committed the malpractice that you intend to file a lawsuit against them and provide a copy of the affidavit mentioned above. 
3. You must allow 90 days from the date you provided notice to the medical provider to respond to the claim. 

If you do not follow these initial steps but file the lawsuit anyway, your lawsuit will not be allowed to proceed. 

How long does a medical malpractice lawsuit take in Palm Beach County?

There is no one-size-fits-all answer to this question, but we understand why clients are eager to know – you are in pain, you are facing incredible uncertainty about your future, and you may be facing severe financial strain. However, every case is unique, and the time a lawsuit can take will vary according to a variety of factors including the following: 

• The complexity of the underlying medical condition that resulted in medical malpractice
• How obvious the error or malpractice is
• The extent of the harm you have suffered such as whether you will suffer a permanent disability or you are now suffering from a terminal illness
• The financial impact the malpractice will have on you now and in the future
• The extent of the pain and suffering you have experienced as a result of the malpractice
• The extent to which the medical provider disputes the claim and how aggressive they are in defending themselves

Generally speaking, larger or more complex claims will take longer to get resolved than others. 

Most medical malpractice lawsuits will take two to three years to get resolved, which includes settling out of court. However, if your case is aggressively contested and you have to go all the way through trial, it could take several years for your lawsuit to get fully resolved. A Palm Beach County medical malpractice lawyer can provide you with a time estimate of how long your case may take to get resolved after conducting a thorough assessment.  

What is the medical malpractice limit in Palm Beach County?

There is no limit on either economic damages (your financial losses) or non-economic losses (your pain and suffering, loss of consortium, and other non-financial losses) in medical malpractice cases in Palm Beach County. However, legislators in favor of tort reform are always trying to impose a cap on non-economic damages, including legislation that was defeated earlier this year. To avoid having your damages limited by statute, we recommend that you contact a Palm Beach County medical malpractice lawyer as soon as possible in order to protect your right to fair compensation. 

What You Need to Know About Medical Malpractice in Palm Beach County

Fact #1: Medical Malpractice Can Happen At Hospitals

While it would seem unlikely, medical malpractice claims commonly arise in hospital settings. Some of the common causes of hospital malpractice claims include the following: 

• Understaffing
• Inadequate supervision of medical staff
• Inadequate hiring policies that lead to hiring unqualified personnel or failure to screen out personnel with past disciplinary issues
• Poor documentation and record keeping
• Inefficient communication
• Inadequate safety protocols

If you have been harmed as a result of treatment you received while at the hospital, you may have a medical malpractice claim against the hospital as well as the individual doctor or other medical professional who provided the treatment. A Palm Beach County medical malpractice lawyer will be able to determine which parties should be held accountable for your injuries. 

Fact #2: Medical Malpractice Can Happen in the ER and at Urgent Care Facilities

Emergency room and urgent care providers often have to make split-second decisions without the benefit of having all of the information they need. However, that doesn’t mean that they cannot be held responsible if they commit medical malpractice. They must still provide treatment that meets the applicable standard of care. 

Fact #3: Nurses Can Commit Medical Malpractice

Nurses are licensed professionals who must also provide treatment that meets the applicable standard of care. As a result, they can be held accountable when they commit medical malpractice. Some of the most common waits that nurses commit medical malpractice include the following: 

• Administering the incorrect medication or the incorrect dosage
• Failure to adhere to established protocols
• Failure to properly document patient records
• Failure to properly monitor patients
• Failure to communicate with doctors and other medical providers
• Failure to conduct a thorough examination of patients
• Improper or incorrect use of medical equipment

Because nurses are typically under someone else’s supervision, there may be other people or entities who also committed malpractice. A Palm Beach County medical malpractice lawyer can determine who should be held liable for the harm you have suffered. 

Fact #4: Medical Malpractice Is More Common Than People Think

The healthcare industry and legislators in favor of tort reform have created the impression that most medical malpractice cases are without merit. This is not the case. Some studies have shown that medical malpractice results in approximately 250,000 deaths across the United States every year, accounting for 9.5% of all deaths nationwide. 

Other studies have shown that medical providers make avoidable errors in anywhere from 3% to 15% of all medical procedures. One in three medical providers will be sued for medical malpractice at least once during their career.

The most coomon sources of medical malpractice claims arise from the following:

1. Misdiagnosis or delayed diagnosis
2. Surgical errors
3. Prescription errors
4. Anesthesia errors

If something doesn’t seem right following your treatment, you may be the victim of medical malpractice. Trust your instincts and get a thorough medical examination as soon as possible. 

Contact LCTR to Speak with a Palm Beach County Medical Malpractice Lawyer Today

If you are the victim of medical malpractice, you may be facing a lifetime of challenges. You may be unable to work, unable to take care of your family, or simply unable to live your life. At LCTR, we hold negligent medical providers accountable so that our clients can rebuild their lives. To discuss your case and how we can help, contact us today to schedule a free consultation.