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Patients trust their medical professionals to provide adequate care to keep them healthy. Normally, medical professionals provide adequate and, in some instances, stellar care to their patients. There are instances, however, when medical professionals do not uphold their duty to provide appropriate and adequate medical care to their patients. When this occurs, the outcomes are often tragic, leading to catastrophic injuries or death. If substandard or negligent medical care results in injury or death, the victim may be able to bring a medical malpractice claim seeking to recover compensation for the loss.
At Hersh Kirtman, our Boca Raton Medical Malpractice Attorneys can perform the necessary medical-legal work to pursue your claim. We are proud that we have held hospitals, doctors, and other medical providers accountable when their substandard care has injured our clients or their loved ones. To learn more about how our team of skilled Boca Raton Personal Injury Lawyers can help you pursue a claim, contact us today.
Medical malpractice happens when a healthcare provider does something below the professional standard of care and directly hurts a patient. The recovery standard is clearly spelled out in Florida law. Plaintiffs must show that the provider did something different from what a reasonably careful provider would have done in the same or similar situation.
According to Florida Statute §766.102, recovery in a malpractice case requires establishing negligence through expert witness testimony that explains how the care provided was below the required medical standard.
At Hersh Kirtman, we help patients and families in Boca Raton understand whether their case meets this legal threshold. Not every bad outcome is malpractice. Medicine has risks, and sometimes, problems happen even when the right treatment is given.
The difference lies in whether a doctor, nurse, or hospital ignored established protocols, failed to recognize critical signs, or made decisions that competent providers would not have made. Under Florida law, some actions that could be considered malpractice are:
When these failures lead to severe injury or wrongful death, the law empowers families to take action. With the proper legal guidance, patients in Boca Raton can pursue justice and secure resources for recovery.
Medical malpractice takes many forms, and each case can be devastating in its own way. At our firm, we’ve seen how preventable errors in medical settings change lives forever. By identifying patterns of negligence, we fight to hold providers accountable and recover the compensation our clients need to move forward. Some of the most common medical malpractice cases we handle in Boca Raton include:
Families rely on providers in their most vulnerable moments. When that trust is broken, our role is to demand accountability.
You may have a medical malpractice case if a healthcare provider’s actions fell below the accepted standard of care and directly caused your injury or a loved one’s death. In Florida, this isn’t just about experiencing a negative outcome but proving negligence. That means showing what a reasonably careful provider should have done differently under the same circumstances. At Hersh Kirtman, we often begin by asking:
Medical records and testimony from qualified experts are essential to answering these questions. Florida law requires plaintiffs to provide an expert opinion verifying that malpractice likely occurred before a lawsuit can be filed. This ensures that only cases supported by medical evidence move forward, making the process complex and intimidating for patients.
A medical malpractice lawyer in Boca Raton can review your case, connect you with medical professionals, and evaluate whether your circumstances meet the state’s legal standard. Without this guidance, many families struggle to know whether their situation is malpractice or a medical complication.
The role of a Boca Raton Medical Malpractice Attorney is to uncover the truth and give you clarity. Even when hospitals and insurers try to deflect blame, an experienced attorney can identify where standards of care were breached and chart the path to justice.
Personal Injury Lawyers in Boca Raton
At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
In Boca Raton, multiple parties may be liable for medical malpractice when their actions or failures directly cause patient harm. Liability isn’t limited to a single doctor. Nurses, hospitals, surgical centers, and even large healthcare corporations can be responsible when negligence leads to serious injuries.
Under Florida Statute §766.110, hospitals and facilities have a legal duty to exercise due care in protecting patients. They must maintain safe environments, supervise their staff, and carry insurance to cover damages caused by negligent acts.
When these obligations are ignored, the institution may be liable, not just the individual provider. Examples of potentially liable parties include:
A medical malpractice lawyer in Boca Raton examines every angle of liability. Hospitals often attempt to shield themselves by blaming individual providers, while insurers work to minimize payouts. By investigating records, interviewing staff, and consulting with experts, an attorney can expose systemic failures and hold all responsible parties accountable.
This is where the guidance of a Boca Raton Medical Malpractice Attorney makes a huge difference. Identifying every liable party strengthens your case and increases the chances of securing full compensation for medical expenses, lost income, and long-term care needs.
Florida’s medical malpractice lawsuit process involves several steps before a case reaches trial. State law builds in safeguards to confirm claims are supported by medical evidence. The process typically includes:
This process is complex, so guidance from a Boca Raton Medical Malpractice Attorney is essential. Your attorney keeps the case on track and positions it for the strongest outcome.
Victims of medical malpractice in Boca Raton may recover financial and personal damages. Florida law defines compensation categories, including economic, non-economic, and wrongful death damages.
According to Florida Statute §766.202, economic damages include medical costs and lost wages, while non-economic damages account for pain and suffering. Families who lose a loved one may also pursue wrongful death damages.
A Boca Raton Medical Malpractice Attorney works to identify every loss so nothing is left out of your claim. Here are the types of damages that can be compensated:
A medical malpractice lawyer in Boca Raton ensures all damages are documented and pursued, so families receive financial relief and acknowledgment of their suffering.
In Florida, the statute of limitations for medical malpractice claims is generally two years from when the malpractice occurred or was discovered. This means a lawsuit must be filed within two years of the injury or within two years of the time the injury should reasonably have been found.
As stated in the Florida Statute §95.11, failing to file within this window typically bars the claim, no matter how strong the evidence may be. However, there are important exceptions:
Because these deadlines are strict and often contested, it is essential to consult a Boca Raton Medical Malpractice Attorney as soon as possible. Waiting too long could mean losing the right to pursue compensation, even in cases of clear negligence.
Medical malpractice claims in Florida are considered some of the most complex personal injury cases due to strict legal requirements, powerful defendants, and the need for expert testimony.
Unlike a straightforward car accident case, malpractice claims involve detailed medical records, multiple providers, and highly technical evidence that must be presented in court. Several factors contribute to this complexity:
Because of these challenges, it’s not unusual for families to feel overwhelmed by the process. This is where the guidance of a Boca Raton Medical Malpractice Attorney becomes invaluable.
With knowledge of Florida’s laws and courtroom strategies, an attorney can manage the complexity, level the playing field against well-funded defendants, and fight for the justice patients deserve.
Choosing the proper representation can distinguish between a case that stalls and one that results in meaningful recovery. At Hersh Kirtman, we have stood beside families across Boca Raton, guiding them through some of the most devastating medical negligence cases imaginable.
Our record demonstrates our commitment and the life-changing results we’ve achieved for clients. Some of our recent medical malpractice case results include:
Each outcome reflects our determination to take on hospitals, insurers, and powerful defendants when negligence changes lives forever. We understand that behind every verdict or settlement is a family struggling to recover emotionally and financially.
When you work with a Boca Raton Medical Malpractice Attorney from our team, you gain legal representation and a partner invested in your future. We focus on providing clarity, compassion, and the strength needed to move forward after tragedy.
When medical negligence changes your life, you deserve answers and accountability. Our team at Hersh Kirtman stands with families in Boca Raton, fighting for justice, protecting rights, and handling every detail of the legal battle with care and compassion.
By working with a Boca Raton Medical Malpractice Attorney, you gain an advocate who will investigate the truth, confront hospitals and insurers, and pursue the maximum compensation available. Call us at 561.208.3700 or contact us online today to schedule a confidential consultation. Let us help you take the first step toward justice.
Find directions to our Medical Malpractice Lawyer’s office.
Founding Partner
A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.
Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
There is no single “average” settlement amount in Florida because each malpractice case depends on the severity of the harm, the medical costs, and the strength of the evidence. Some cases resolve for hundreds of thousands of dollars, while others involving catastrophic injuries or wrongful death may reach into the millions. Factors such as lost wages, long-term care, and whether the case goes to trial can significantly influence the value. Speaking with a medical malpractice lawyer in Boca Raton is the best way to understand the potential range for your specific claim.
Florida does not currently impose caps on medical malpractice damages. Previous limits on non-economic damages were struck down as unconstitutional. This allows patients and families in Boca Raton to pursue full compensation, including economic losses and pain and suffering. Each case is scrutinized, which makes having a Boca Raton Medical Malpractice Attorney essential.
To prove medical negligence in Florida, you must show that the provider failed to meet the accepted standard of care and that this failure directly caused injury. This requires expert medical testimony, a detailed review of records, and a clear explanation of how the outcome would have been different if proper care had been provided. Florida law requires an affidavit from a qualified expert at the beginning of the case, ensuring that only valid claims move forward. An experienced malpractice attorney coordinates with trusted specialists to build the strongest case.
The most challenging part of a malpractice case is proving causation, linking the provider’s negligence directly to the patient’s injury. Defense lawyers often argue that the harm was unavoidable or caused by an underlying condition rather than negligence. Overcoming this requires detailed medical analysis and testimony that leaves little room for doubt. Complex cases with multiple providers, like hospital-based errors, can be even more difficult to untangle. That’s why patients turn to a medical negligence lawyer in Boca Raton to manage this demanding process.
Most malpractice cases settle, but some go to trial when defendants refuse responsibility. Settlement reduces costs and stress, but if insurers won’t offer fair compensation, a jury may decide the case. A trial-ready attorney ensures your rights are protected in either outcome.
Michael and his team were nothing but helpful in my long and stressful case. Any time I had any questions or needed anything, they were always extremely quick to answer my questions. Deana was also a huge help! I am also very pleased with the outcome of my situation, it was my first time involved in any sort of injury case like this and they made it as easy as possible. Thank you guys again!
Absolutely amazing experience with this firm. Michael Hersch was a pleasure to work with. He was extremely transparent, communicated regularly with updates and worked tirelessly to ensure that I received what I deserved. I cannot say enough about how positive my experience was with this firm. Highly, highly recommend!
The Law Office of Hersh Kirtmam has handled my family with complete professionalism and great compassion during a difficult time in our lives, from the first meeting we knew that had a team that fight for us ! Thank you Hersh Kirtman .
BEST LAWYER HANDS DOWN!! If you’re ever in need of one please don’t hesitate to contact this lawfirm. I am very pleased and happy with the result of my case all thanks to the hersh kirtman injury lawfirm.
I would recommend Hersh Kirtman Injury Law without any hesitation or reservations. Mr. Hersh is the attorney who handled my case. He worked tirelessly on my behalf to bring closure and a very positive outcome. Mr. Hersh’s front office were always very supportive and helpful. If Mr. Hersh was not available when I called, they always got an answer to my question and called me back without delay. Hersh Kirtman is the Injury Law firm to call.
I cannot recommend this firm enough. Michael and his team were incredibly knowledgeable, thorough and helpful throughout the entire legal process. Although my husband and I required his services due to unfortunate circumstances, we are both grateful to have met Mr. Hersh. If you’re in need of a personal injury attorney, look no further. Hersh Kirtman Law is the best!
For over a decade, Ian has fought for victims of catastrophic injuries in auto accidents, medical malpractice, and premises liability cases—securing life-changing results like a 4.35 M store front crash verdict and 4M medical malpractice settlement.
Active leader in Florida’s legal community (Florida Justice Association, Palm Beach County Justice Association) and UM Law alum with trial honors. Devotes personal time to Becca’s Closet charity and family in Delray Beach.
Recognized Excellence:
– AV Preeminent® Rated (Martindale-Hubbell’s highest honor)
– Top 40 Under 40 (National Trial Lawyers)
– Rising Star (Super Lawyers)
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 561-208-3700
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