Boca Raton Medical Malpractice Attorney
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 Injury Law, our Boca Raton medical malpractice team 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 killed their loved one.
The Elements of a Medical Malpractice Claim
Medical malpractice occurs when a patient suffers harm resulting from negligent medical care. A doctor, nurse, hospital, or other health care provider can be held responsible for medical malpractice. Substandard or negligent medical care occurs when a medical provider or healthcare professional fails to provide that level of care deemed reasonable and adequate by the medical community. If a patient is harmed or killed as a result of the medical negligence or malpractice, then a claim for medical malpractice may be pursued.
To pursue and prove a medical malpractice claim, you must establish: (1) the healthcare provider owed you a duty of care; (2) the healthcare provider breached that duty by providing medical care that fell below the prevailing standard of care; and (3) the substandard care caused injury or death.
While not all fall within the scope of Florida’s medical malpractice statute, the following medical professionals owe a duty of care to patients:
- Medical specialists, such as oncologists and cardiologists
- Lab technicians
- Medical clinics
- Nursing homes
- Long-term care facilities
Types of Malpractice Errors
Florida law requires that medical professionals follow the prevailing standards of care based on the circumstances. As an example, an emergency room doctor must provide the care that an experienced and skillful emergency room doctor would in the same or another emergency room. This standard does not require that doctors be 100% accurate all the time. The practice of medicine is imperfect, and complications can occur without any negligence. However, health care providers can be held liable for malpractice if they don’t act carefully and cause injury or death to one of their patients.
Common forms of medical malpractice include:
- Birth injuries
- Anesthesia errors
- Nursing errors
- Surgical errors
- Hospital errors
- Medication errors
- Failure to diagnose
- Failure to perform a necessary procedure
- Failure to properly medicate
These mistakes cause serious harm to patients, sometimes resulting in death. Indeed, one famous study from Johns Hopkins estimated that 250,000 people die from preventable medical negligence each year. Hundreds of thousands are seriously injured and might require corrective surgery or extended rehabilitation.
How We Can Help Obtain Compensation for Your Malpractice Claim
Medical errors can be devastating. In some instances, patients are left with enormous injuries, resulting in extraordinary future medical costs and ongoing and debilitating pain, suffering, and anguish. In other instances, medical errors cause patients to die, leaving behind grieving families who may have been reliant on the deceased for financial and emotional support.
Medical malpractice claims are, therefore, often necessary to provide for crucial future care and treatment and necessary financial security and support. Medical malpractice claims in Florida however are complicated and difficult. Florida has a Medical Malpractice Act that demands various requirements be met before a victim of medical malpractice can even begin making a claim.
Hersh Kirtman Injury Law seeks money damages on behalf of its medical malpractice clients for the following, among other things:
- All medical expenses to treat your condition
- Lost income or wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages
If a loved one passes due to medical error, we seek compensation for surviving family members in a wrongful death claim.
Why Medical Malpractice Claims Are Difficult to Bring
Hospitals and medical providers have many friends in Tallahassee who have passed laws protecting doctors and hospitals. Consequently, medical malpractice cases are complex, involving requirements and thresholds that do not apply in other types of cases. For that reason, it is imperative that a victim of medical malpractice hire an experienced medical malpractice attorney in Boca Raton. At Hersh Kirtman Injury law, we know how to gather the necessary evidence, including expert medical opinions, to bring and establish your case, and we are intimately familiar with Florida’s highly technical medical malpractice laws.
Medical malpractice has complex deadlines for bringing claims. In most cases, patients have only two years from the date of the medical error or the date they discovered the error to bring a claim. In some situations, patients might have more time—but never assume you do. In fact, to protect yourself, please reach out to a lawyer immediately to discuss your possible claim.
Let Hersh Kirtman Injury Law Help You
Medical errors erode trust in our public health institutions and cause many patients to suffer serious harm or death. We can help hold hospitals and medical providers who’ve committed malpractice accountable for the harm they’ve caused. Our legal team offers free consultations to review your case and discuss your chances of bringing a successful claim. Call us today.