South Florida Injury Attorneys Blog
Have you or a loved one recently suffered from the negligence of trusted medical professionals? If so, we can help you seek compensation.
Suing against medical facilities can be a daunting task without the help of legal professionals since these practices usually have a solid legal defense attorney. It is important to know you have the right to defend your health or a loved one by being able to file a claim against a practice.
If you’re asking if it’s possible for you to sue a hospital for medical malpractice, know that it is. We’re here to help you distinguish what medical malpractice is and how you can fight against it.
Defining Medical Malpractice
Doctors and other healthcare workers are trusted professionals, so we don’t expect them to make harmful mistakes. We trust them with our lives and health, as well as with our loved ones. It can be painful to bear what happens when someone suffers from their care.
So, what is medical malpractice? Medical malpractice is when a patient is wronged or harmed by a medical professional in the form of a wrong diagnosis or when a preventable occurrence happens during any treatment or procedure.
Knowing if you have been a victim of medical malpractice can be difficult to distinguish since there are a lot of medical malpractice mistakes. This is why hiring an experienced legal professional can make all the difference in your case.
When a patient suffers an injury, whether temporary or permanent, any wrongdoing or injury from a medical practice should be reported as soon as possible. Injured patients should then begin working on their legal cases to protect their rights and health.
Common Medical Malpractice Problems
Several common medical malpractice problems occur nearly every day. In fact, it’s sad to report that medical negligence is quite common.
Here are the common medical malpractice issues that you or a loved one may have experienced that you can, and should, file for:
- Diagnosis failure: failure to diagnose disease/impairment or diagnosing the wrong issue.
- Improper treatment: failure to treat the patient how other doctors would or treating the patient incompetently.
- Does not give informed consent: failure to warn the patient of possible risks from treatments, surgeries, or procedures.
- Birth injuries: child suffers from a birth injury due to medical negligence.
Numerous birth injuries can occur from medical negligence that results in physical and mental impairments that have no cure, including cerebral palsy.
Medical malpractice can be very severe for newborns, especially because they are in such a feeble state of life. Doctors have been known to birth babies prematurely, provide a lack of oxygen, or deliver the child in a less than careful manner that results in physical ailments.
If you believe you have been wronged by medical malpractice, it’s important to act now within the timeframe Florida allows for you to report the injury.
Proving Medical Malpractice
The state of Florida has a two-year time limit for individuals who have suffered from medical malpractice to report their injury. However, it’s important to note that those two years start from the day the injury was discovered.
When you file a medical malpractice claim within the time limit, your lawyer will work hard to prove the medical malpractice. The first step in proving the injury is establishing the relationship between the patient and provider. This occurs with your lawyer obtaining your health records and searching for documented proof you have seen this provider before.
The biggest factor in having a solid medical malpractice case is demonstrating that the healthcare provider acted in a careless and risky manner, which can be tricky. This falls under “Medical Standard of Care” where your lawyer and the practice’s lawyer will compare your circumstance/procedure to other similar procedures completed by other healthcare workers in the same area.
The next key element is to have an “expert medical witness” to bring in that will describe what a competent healthcare worker would have done during the same procedure. The expert witness’ testimony can provide a gap in how the provider should have acted versus how they did actually act, which is what any plaintiff should hope for in these situations.
How To File For Medical Malpractice
Filing a lawsuit for medical malpractice starts with hiring a trustworthy attorney to help build your case. When looking for a lawyer in the Pompano Beach, Florida area, it’s important that you search for a professional that has a proven track record of taking these sorts of cases.
When you file against a practice, you and your attorney will be going up against a strong team. Therefore, your hired attorney should know all the necessary steps to take so that you have a strong case that proposes a favorable outcome by illustrating the details of your situation.
Hospitals and doctors’ offices often have rules and procedures in place to protect themselves against these costly occurrences. Because of this, the first step in selecting the right attorney means finding one that knows what these rules and procedures are.
Once you find a legal team to work with, you will then need to sit down and discuss your case in detail. Most of the time, attorneys will schedule a free consultation to listen to your situation and provide information on how they can help you in your fight.
After your free consultation, your attorney will lay out their framework of what you can expect by having them on your side. Legal professionals understand the timeframe you have to work with, possess the right skills to obtain the records they need for your case and have the negotiation skills to help you seek compensation.
How Frankl Kominsky Injury Lawyers Can Help You
Do you believe you or a loved one has suffered from medical malpractice? If so, the attorneys at Frankl Kominsky Injury Lawyers are ready to help. Our trusted legal professionals have been serving residents in the Pompano Beach, Florida area and surrounding locations for over 40 years. Our attorneys strive to work as a Pompano Beach Medical Malpractice Lawyer to help those that have suffered from unfortunate careless mistakes (by appointment only).
Since our 40 years in the business, we’ve come to understand how the other side thinks. As a result, we know what moves to anticipate when it comes to medical facilities protecting themselves against medical malpractice claims, and we expertly know how to build your case.
We want to do our part and help the people of the Pompano Beach, Florida area protect their rights and seek the justice they deserve against these trusted healthcare professionals (by appointment). When you’re ready, we have a 24/7 hotline you can call at (561) 800-8000 to speak to a team member about setting up your free consultation, or you can fill out our online form here.
Once we get in touch with you about your consultation, we will bring you in to discuss your situation and lay out how we can best serve you.
Your health matters and you should not have to suffer at the hands of trusted healthcare professionals. Call us today before your 2-year time limit expires.