Have you suffered an injury or illness you believe was caused by or exacerbated by a medical professional or facility? Medical malpractice and complicated allegation, meaning you’ll need qualified legal counsel at your side if your choose to file a claim. The Swan Law Firm attorney are adept at handling such cases. Our legal team understands the unique challenges these cases present and how to protect you against retaliation from the at fault party. Rest assure that we do whatever it takes to fight for justice and your right to a fair compensation.
What is Medical Malpractice?
Doctors and other healthcare professionals are expected to perform their jobs with the degree of skill and learning of the average professional in the field. When a doctor or hospital performs below this standard and causes harm, the injured patient may sue to recover damages in a medical malpractice claim.
Here are some common medical malpractice claims include:
- Failure to diagnose or misdiagnosis
- Continuing an ineffective course of treatment
- Drafting or filing the wrong prescription
- Failure to obtain informed consent before treating
- Surgical mistakes including performing the wrong surgery on the wrong part of the body
- Leaving foreign objects in the body after surgery, such as sponges or medical instruments
Given the issue unique to medical malpractice, it takes a qualified and experienced personal injury attorney to properly prepare a medical malpractice case for trial. For instance, expert testimony is typically required to establish that the doctor preformed below the acceptable standard of care. Also, the defense will commonly assert that the plaintiff caused or contributed to the injuries by failing to follow doctor’s orders after the procedure or by failing to fully disclose an accurate medical history prior to treatment.
Doctor’s, hospitals and their insurers fight malpractice claims vigorously both in the courtroom and in the legislation chamber. They have achieved some measure of success in the capitol, resulting in special rules regarding the damages that recoverable in a medical malpractice suit. Non economical damages
(pain and suffering) are capped at a maximum of $250,000, regardless of the level of incompetence or nature of the injury that resulted. However, injured patients can still recover for the full amount of economic damages, such as additional medical expenses and lost wages due to missed work or diminished earning capacity.
Do I have a Malpractice Claim?
Doctors, medical professionals and or medical facilities can be held liable for your injuries and related losses. As mentioned above, liability can be tricky to prove because the defendant ( the party you are suing) will almost definitely fight against you allegations, even when true. Fortunately, you can stand up to them with legal representation of your own at Swan Law Firm. To have a successful medical malpractice case, you and your lawyer must be able to prove the following:
- You and your doctor had an established doctor-patient relationship before the injury occurred
- The doctor was negligent, meaning they performed below the standard duty of care
- The doctor’s negligence directly caused or worsened your injury and the injury lead to specific damages, such as additional medical bills to treat it
- Other special requirements:
- The statute of limitations is between 6 months to two years
- You may be required to submit the claim to a malpractice review panel
- You may be required to give the doctor notice regarding the claim
- Expert testimony is required
To confirm if this applies to your case, reach out to our experienced medical malpractice lawyer at Swan Law Firm (561) 896-7926 in Palm Beach Gardens.
It is important to note that you cannot sue a doctor just because you are unsatisfied with your treatment. The fact is that medical knowledge while more advanced than ever, is imperfect and some ailments simply cannot be cured completely or even at all. For this reason, medical malpractice claims place the burden of proof on the victim. Therefore, you must be able to provide evidence such as expert testimony that proves you were treated in a negligent manner that goes against the normal standard of care expected from medical professionals.
Damages You Can Recover in a Medical Malpractice Case
- Damages you may be able to recover after filing a medical malpractice claim include:
- All reasonable ad relevant medical expenses including hospital bills, surgical costs, physical therapy, counseling and more
- Lost wages from missed work or having to quit your job
- Pain ad suffering for non economic losses up to $250,000
- Punitive damages in rare cases (such as a doctor purposely causing your harm)
Contact Our Medical Malpractice Lawyer in West Palm Beach today
Being a victim of medical malpractice can be one of the most dismaying experiences imaginable. We trust our doctors to treat us with care, so when a medical professional neglects their basic duties, shows up to surgery under the influence of alcohol, or otherwise acts carelessly or recklessly while performing their job, it can have a profound effect on the victim both physically and mentally.
At Swan Law, our attorney will help you every step of the way through every stage of your claim to help ensure you are properly compensated for your losses. Please don’t hesitate to reach out to us to discuss your case if your believe you have been a victim of medical malpractice.
When nothing but the best will do. We are standing by ready to assist you 24/7. We are committed to ensuring our clients the best legal representation. Your case will begin with a FREE consultation.
We work on a contingency basis, which means you pay NO LEGAL FEE, UNLESS WE WIN YOUR CASE.
Call us now at Swan Law Firm 281-645-5000 or fill out contact form below.