Medical Malpractice Lawyers Available In Palm Beach Gardens
The Law Offices of Roger P. Foley are dedicated Palm Beach Gardens Medical Malpractice Lawyers who are committed to providing legal representation to residents of Florida who have been harmed by medical malpractice. When individuals seek medical care, they trust that medical professionals will provide them with appropriate care to alleviate their health issues. However, there are times when medical professionals neglect to meet the expected standard of care, leading to harm or even death of the patient.
In such cases, it is crucial to seek the assistance of a Palm Beach County Medical Malpractice Lawyer to understand your legal options and discuss the possibility of a malpractice claim. The Law Offices of Roger P. Foley are available to help you navigate the complex legal system and fight for your rights. If you or a family member has been a victim of medical malpractice, contact the Law Offices of Roger P. Foley for the legal guidance you need.
- 10 Medical Malpractice Errors Leading To Malpractice Claim:
- Legal Definition Of Medical Negligence in Palm Beach Gardens, Florida?
- What Factors Should I Consider To Determine If I Have A Strong Medical Malpractice Claim Or Lawsuit?
- What Are Some Common Types Of Pediatric Medical Malpractice In Palm Beach Gardens, Florida?
- Understanding The Recognized Standard Duty Of Care In Florida Medical Malpractice
- How Is A Medical Malpractice Initiated In Palm Beach Gardens, Florida?
- How Does A Wrongful Death Claim Proceed When A Patient Dies Due To Medical Malpractice?
- As A Parent, Am I Eligible To File A Medical Malpractice Lawsuit Against A Doctor Or Medical Facility If My Adult Son/Daughter Dies As A Result Of Medical Negligence?
- Necessary Elements Of A Medical Malpractice Claim In Florida?
- Negotiating With An Insurance Company Regarding A Medical Malpractice In Florida?
- What Are The Methods Of Payment For Settlement Made To Victims Of Medical Malpractice?
- What Is The Process To File A Lawsuit Against A Medical Provider If A Settlement Cannot Be Reached In A Florida Medical Malpractice Case?
- How Can A Victim Of Medical Malpractice Receive Financial Compensation In Florida And What Are The Types Of Damages They Can Receive?
- What Are The Options For Paying A Medical Malpractice Lawyer In Palm Beach Gardens If I Cannot Afford Their Services?
- How long do I have to file a medical malpractice case in Florida?
- Incorrect Diagnosis Of Medical Condition
- Proper Medical Treatment Not Given
- Medical Procedures improperly performed
- Defective In Ordering, Reading, Obtaining Diagnostic Tests
- Failing To Provide Follow-Up Care
- Discharging A Patient Too Early
- Medication Errors
- Surgical Errors
- Anesthesia Errors
- Causing Birth injuries
If you suspect that you have been a victim of medical malpractice in any of these categories and are seeking legal representation, don't hesitate to contact Attorney Roger P. Foley. The law firm works on a contingency basis.
Legal Definition Of Medical Negligence in Palm Beach Gardens, Florida?
In Palm Beach Gardens and throughout Florida, medical negligence refers to the actions of medical providers that fall short of an accepted standard of care. This means they did it wrong. However, medical negligence does not mean money in your pocket 100% of the time.
To be compensated for medical malpractice, the medical professional's actions or inactions must have directly caused serious injury. In legal terms, the medical professional must be the direct cause of the damages suffered by the patient and the injury must be significant for a medical malpractice lawyer to take on the case. Determining whether a specific case meets the legal standard for medical malpractice can be complex, which is why it's advisable to seek the counsel of a personal injury attorney.
If you have a potential medical malpractice claim, a medical malpractice law firm can help you pursue our case.
What Factors Should I Consider To Determine If I Have A Strong Medical Malpractice Claim Or Lawsuit?
Here are some key factors to consider in determining if you have a good medical malpractice claim or lawsuit:
- Determine whether the medical provider failed to perform at the standard of care, whether the injury was a direct result of this failure, and whether the failure caused significant or catastrophic injuries to the patient.
- If the attorney determines upon initial review of the facts that the case may have a good possibility of success, we will sign up the client. If not, the attorney will decline the case and suggest you meet with other law firms for their opinion.
- If the case is accepted, collecting medical records is of the utmost importance: Making a malpractice claim requires al medical records for expert review.
- Medical expert is retained: A malpractice expert is hired to provide an expert opinion that the medical professional provided services that were outside the normal standard of care. Florida law requires an expert's opinion in writing before filing a claim.
- Determine the value: The case should have monetary value, as medical malpractice cases are expensive. The juice must be worth the squeeze, meaning that the patient must have a serious/catastrophic injury or died because of the malpractice. If the value of the case is not large, the attorney will likely decline acceptance of the case.
What Are Some Common Types Of Pediatric Medical Malpractice In Palm Beach Gardens, Florida?
Pediatric medical malpractice occurs when a healthcare professional fails to provide the appropriate level of care to a child, resulting in harm or injury. Some common types of pediatric medical malpractice in Palm Beach Gardens, Florida, include:
- Anesthesia errors during surgery or procedures
- Medical Provider negligence diagnosing a medical condition or injury
- Delayed diagnosis of serious medical conditions, such as cancer, appendicitis, or hydrocephalus
- Mistakes in surgical procedure
- Medication errors
- Providing improper treatment for a medical condition
- Negligence during the recovery process after a medical procedure or treatment
- Failure to diagnose and treat meningitis in a timely manner
If you or a loved one believe that your child has been a victim of medical malpractice in Palm Beach Gardens or anywhere in Florida, it is important to seek the advice of a medical malpractice attorney. The Law Office of Roger P. Foley, P.A. is available to help you determine if you have a viable claim and pursue the compensation you deserve. Contact us for a free case evaluation.
Understanding The Recognized Standard Duty Of Care In Florida Medical Malpractice
The “recognized standard duty of care” is an important factor in medical negligence cases in Florida.
- The recognized standard of care refers to the accepted medical treatment and procedures that are considered appropriate for healing injuries or treating diseases.
- If a healthcare provider breaches the standard of care, and this breach causes harm or injury to the patient, then the patient may have a case for medical malpractice.
- Proving that the standard of care was breached requires other medical experts to determine.
- If you believe that you have been a victim of medical malpractice in Florida, it is important to seek the advice of a qualified medical malpractice attorney. They can help you determine if you have a viable claim and pursue the compensation you deserve.
How Is A Medical Malpractice Initiated In Palm Beach Gardens, Florida?
When filing a medical malpractice case in Palm Beach Gardens, Florida, there are several preliminary steps to take:
- Complete a pre-suit investigation: a pre-suit investigation is required before filing a civil action for medical negligence. This investigation involves obtaining all medical records related to the case, reviewing the records with a qualified medical expert, and obtaining a written opinion from the expert regarding the merits of the case.
- Provide notice to the defendant: After completing the pre-suit investigation, the patient or family must provide notice to each possible defendant of their desire to commence legal action for medical negligence. This notice is required before filing a complaint and is meant to deter people from bringing meritless cases while encouraging negotiations to settle.
- Follow the requirements of Florida Statute 766.106: This statute outlines the requirements for the notice and pre-suit investigation, including the timing and content of the notice, the timeline for the investigation, and the qualifications of the medical expert.
It is important to seek the advice of a qualified medical malpractice attorney when filing a case in Palm Beach Gardens, Florida. They can help you navigate the legal requirements and pursue the compensation you deserve.
How Does A Wrongful Death Claim Proceed When A Patient Dies Due To Medical Malpractice?
If a medical provider’s action is the reason for the patient’s wrongful death, the family may file a wrongful death claim against the doctor and/or hospital for damages. In order for the claim to be successful, it must be proven that the medical negligence caused the wrongful death. This involves demonstrating that the medical professional or entity was responsible for the death of the family member.
To pursue a wrongful death claim, the family of the deceased must become the personal representative of the estate. This allows them to file a lawsuit against the responsible parties for damages. Financial compensation may be awarded for expenses related to the death, including medical bills, funeral costs, and lost wages. It is important to consult with a qualified medical malpractice attorney to ensure that your legal rights are protected and to pursue the compensation you deserve.
As A Parent, Am I Eligible To File A Medical Malpractice Lawsuit Against A Doctor Or Medical Facility If My Adult Son/Daughter Dies As A Result Of Medical Negligence?
If your child was under the age of 25. A lawsuit can only be brought by the surviving spouse, minor children under 25 years of age, or the estate of the deceased individual. Parents and siblings cannot file a lawsuit in such cases. However, there are ongoing debates in the Florida legislature regarding this matter
Necessary Elements Of A Medical Malpractice Claim In Florida?
To win a medical malpractice case, your lawyer must show four things:
- The medical professional had a responsibility to take reasonable care of you.
- The medical professional didn't do what they should have done, which is called a breach of duty.
- You were significantly hurt because of the medical professional's mistake.
- You have proof of the damages you suffered.
Your medical malpractice lawyer will work to get you a fair amount of money to make up for your injuries. In Florida, doctors must have insurance to cover these kinds of mistakes. If the insurance company doesn't offer a fair settlement, your lawyer may initiate a civil case.
Negotiating With An Insurance Company Regarding A Medical Malpractice In Florida?
Here are the steps in a simplified manner:
- The victim's lawyer tells the doctor or medical professional that they made a mistake and caused the injury.
- The medical provider contacts their insurance company.
- The insurance company reviews all the medical records to see if they should pay the victim for their injuries.
- If the insurance company agrees to pay, the victim's lawyer and the insurance company's lawyers negotiate to determine how much money the victim should receive.
The victim may need compensation for medical bills, physical therapy, counseling, and medicine. If the injury is serious, they may also need compensation for lost wages, a job they can no longer do, and pain and suffering.
The victim's lawyer may consult with experts to determine how much money is necessary for these things. These experts may be people who know the cost of medical care, what medical care is needed, how to help someone find a new job, and how to improve mental well-being.
What Are The Methods Of Payment For Settlement Made To Victims Of Medical Malpractice?
- When a victim of medical malpractice reaches a settlement agreement with the responsible party, the payment can be made in different ways. The two most common methods are a lump sum payment or structured payments.
- A lump sum payment is the preferred method for most victims of medical malpractice. This means that the victim will receive the entire settlement amount in one payment. With a lump sum payment, the victim has immediate access to the funds and can use them as they see fit. Lump sum payment may be subject to taxes (rare) and could affect eligibility for certain government benefits.
- Structured payments, on the other hand, are most commonly used for victims who are minors or have long-term medical needs. This method involves spreading the settlement amount over a period of time and making payments on a schedule. This allows for consistent payments to cover ongoing medical bills and other expenses. The terms of the structured payments can be negotiated during the settlement process and may be subject to certain tax benefits.
- In summary, the method of payment in a medical malpractice settlement depends on the circumstances of the case and the needs of the victim. A lump sum payment provides immediate access to the funds, while structured payments may be better suited for long-term needs. It is important to consult with a medical malpractice attorney to determine the best payment method for your specific case.
What Is The Process To File A Lawsuit Against A Medical Provider If A Settlement Cannot Be Reached In A Florida Medical Malpractice Case?
To file a medical malpractice lawsuit in Florida, your lawyer must review medical information and consult medical experts to determine if your healthcare provider acted negligently. This is based on Florida Statutes. Here are the steps for a medical malpractice lawsuit in Florida:
- File a complaint alleging medical negligence to start the legal process.
- The defendant must provide a written response.
- The discovery phase begins, during which both parties exchange relevant information, including medical charts and procedures performed by medical professionals, which are reviewed and scrutinized.
- Each party provides a list of expert witnesses who give sworn statements, known as depositions, that lock in testimony before the trial.
- Pretrial motions are made, argued, and ruled upon by the court.
- A jury is selected through the process of Voire dire.
- The trial begins with opening arguments from both parties, followed by witness examination and evidence introduction.
- Closing arguments are made to the jury, who deliberates and renders a verdict.
How Can A Victim Of Medical Malpractice Receive Financial Compensation In Florida And What Are The Types Of Damages They Can Receive?
In Florida medical malpractice cases, there are three types of financial compensation that may be requested.
Economic damages refer to the actual financial losses incurred, such as medical expenses, lost income or earning capacity, and other verifiable expenses. In some cases, economic damages may also include home health care, which is necessary when the injury or sickness requires assistance with daily tasks. A life planner may be needed to estimate what will be necessary to help the patient during the course of their life.
Non-economic damages, losses that cannot be seen or touched. These damages may include disfigurement, pain and suffering (both emotional and physical), loss of consortium, and loss of sexual function.
Punitive damages, although rare, may also be awarded in malpractice cases when there is malicious or willfully negligent conduct. These damages are intended to punish the defendant and deter others from similar conduct.
Attorney Roger P. Foley is dedicated to providing compassionate and legal guidance to his clients and is committed to helping them achieve justice.
What Are The Options For Paying A Medical Malpractice Lawyer In Palm Beach Gardens If I Cannot Afford Their Services?
If you do not have the funds to pay for a medical malpractice lawyer in Palm Beach Gardens, there is no need to worry. You will only pay the lawyer if they are successful in obtaining financial compensation for you. The lawyer will receive a percentage of the damages awarded to you, and this percentage is standard across Florida.
How long do I have to file a medical malpractice case in Florida?
In Florida, the statute of limitations for medical malpractice cases is two years from the date the patient knew or should have known about the possibility of medical malpractice. See Florida statute 95.11(4)(b). If the injury is not immediately apparent, the statute of limitations can be extended up to four years. However, in cases involving fraud, concealment, misrepresentation, or minors, the statute of limitations can be extended up to seven years or until the child's eighth birthday, whichever occurs later. It is important to note that the specific circumstances of each case may affect the time limits, so it's best to consult with a medical malpractice attorney as soon as possible to determine your legal options.
At the Law Office of Roger P. Foley, we understand the hardships and struggles that come with being a personal injury victim, especially in medical malpractice cases. We are here to provide compassionate legal assistance to those in need in Palm Beach Gardens and throughout Florida. If you are in need of help, please do not hesitate to contact us. Our attorney, Roger P. Foley, is dedicated to helping you get the justice you deserve. Just call us and we will be there to help.