When a doctor, surgeon, or another medical professional causes you or a loved one serious injury, you may have the legal right to fair compensation.
A medical malpractice lawyer can help you through this challenging time and fight for your right to a fair settlement. The Law Firm of Anidjar & Levine will work diligently to protect your legal rights. We will build a strong case on your behalf and negotiate with the insurance company while you focus on healing.
We are available 24 hours a day, seven days a week to answer your questions. We offer free initial case reviews to help you understand your legal options. Contact us today at 800-747-3733 to get started with a medical malpractice lawyer in West Palm Beach.
What is medical malpractice?
Florida state statutes describe medical practice as any professional activities related to treating an illness, injury, pain, disease, or any physical or mental condition. Practitioners may engage in the diagnosis, treatment, medication, surgery, testing, or any related type of service delivery.
Any medical professional engaged in these activities owes their patients a duty of care in their practice. If a practitioner fails to uphold this duty of care and someone suffers injury or dies as a result, that individual—and, potentially, the medical practice or company for which they work—may have committed medical malpractice.
Any medical professional may commit malpractice. This includes doctors, surgeons, nurses, nurse practitioners, anesthesiologists, therapists, pharmacists, medical technicians, radiologists, surgeons, and physicians’ assistants.
Some of the locations where you may encounter malpractice include the following:
- Urgent care facilities;
- Intensive care units;
- Emergency rooms;
- X-ray or imaging centers;
- Medical testing labs;
- Doctor’s offices;
- Surgery centers;
- Maternity wards;
- Psychiatric practices and counseling offices;
- Nursing homes;
- Residential care centers;
If a medical practitioner was negligent during their treatment of you, you may have a valid claim for compensation. If you are unsure of whether or not your situation constitutes malpractice, contact our office. We can help you understand the circumstances of your injury and how the law relates to your specific situation.
Even if the doctor required you to sign a consent form before your treatment, you still have the legal right to pursue a medical malpractice claim. No consent form authorizes a doctor or practitioner to abandon their duty to provide you with a reasonable standard of care.
What is the reasonable standard of care in a medical malpractice claim?
The legal standard for determining whether a medical professional committed malpractice is the reasonable standard of care.
This standard compares the actions of your doctor to what other practitioners with a similar background would have done in the same situation. If other practitioners would have acted in a different manner than your doctor did, your doctor failed to uphold their duty to provide reasonable care.
Our attorneys can secure the medical expert testimony you need to prove your doctor violated this standard.
What constitutes medical malpractice?
While medical malpractice can vary, some of the most common types of malpractice committed in Florida include:
- Diagnostic errors;
- Missed diagnoses;
- Surgical errors;
- Childbirth errors;
- Delayed treatment;
- Failure to provide treatment;
- Medication errors, including the administration of the wrong drug or incorrect dosage;
- Failure to medicate;
- Operating on the wrong body part;
- Serious infection;
- Allergic reaction to medication or anesthesia;
- Unsanitary conditions; and
- Failure to advise patients of risks.
Your damages could take the form of a permanent or long-term disability, a lost limb, nerve damage, a brain injury, disfigurement, or death.
No matter how your injury occurred, we will fight to win you full compensation for your malpractice claim.
What is my malpractice claim worth?
To determine the value of your claim, we will consider a variety of factors, including the nature of your injuries and your prognosis for recovery. To determine the basis of your claim’s value, we will total the value of the following items:
- Current medical costs;
- Projected future medical costs;
- Current lost income;
- Projected future lost income;
- Pain and suffering; and
- Hedonic damages—or loss of life’s enjoyment.
If you experienced some type of long-term, permanent, or life-threatening injuries, we will also request the legally established value of that condition as a part of your settlement.
Why do I need a lawyer to prove medical malpractice?
To successfully win your claim for compensation, you must meet a high legal burden of proof for fault, negligence, and damages. Without an in-depth knowledge of state malpractice statutes and related legal principles, you will have little chance against a large insurance company that does not want to pay you anything.
Our attorneys understand and have experience with all of these concepts. We regularly negotiate with large insurers we know exactly how to push your claim through the process.
If necessary, we will stand ready to take your injury claim to court.
To prove that the doctor’s actions directly caused your injuries—and establish liability—we must prove the four legal elements of negligence. We will show:
- The reasonable care your doctor should have provided during your treatment;
- How the practitioner in your case failed to provide a reasonable standard of care;
- The doctor’s breach of duty directly caused your injuries; and
- Your injuries led to actual damages.
To document your claim, we will gather all relevant information and documents, including expert testimony, medical records, the practitioner’s training and history records, and any other data necessary or appropriate.
Finding a medical malpractice lawyer in West Palm Beach
Florida statutes only provide two years from the date of discovery to file your medical malpractice claim. However, urgency is important for other reasons. You may have rapidly accruing medical bills and you may naturally feel a sense of panic and fear for your future, especially if your injury rendered you unable to work.
At the Law Firm of Anidjar & Levine, our malpractice attorneys provide aggressive representation to protect our clients’ legal rights. We will fight tirelessly to obtain the financial compensation you and your family deserve for your injuries.
We also provide a free consultation to review your case and explain your potential options for submitting a claim. Contact us today at 800-747-3733 to speak with a local medical malpractice lawyer.