When you receive medical care, you expect that it will improve your health, not diminish it. Unfortunately, patients throughout the country fall victim to medical malpractice and suffer serious injury or death because of a medical professional’s negligence.
If you or someone you love has been injured because of a medical professional’s actions, the Palm Beach Gardens medical malpractice attorneys at Gordon & Doner may be able to help. We have decades of experience recovering compensation for those who have been injured because of their medical care. We can guide you through the complicated process of filing a medical malpractice claim and can help you get the compensation you deserve. Contact us today for a free, no obligation consultation. We do not get paid unless you do.
Call 1 (855) 722-2552 today.
What is Medical Malpractice?
When any medical professional fails to act in accordance with existing medical standards, he or she may be held accountable for any injuries sustained by a patient. Depending on the circumstances of your injuries, you may be entitled to file a lawsuit seeking compensation for the damages you have suffered.
In order to do so, our Palm Beach Gardens medical malpractice attorneys will have to prove the following elements:
- Doctor/patient relationship: In order to have a case, you must have proof that you hired the medical professional to treat you. This can include having an appointment with the doctor who has or was planning to prescribe treatment or medication.
- Duty of care: Physicians must act within the medical community’s accepted standards of care. They have a legal obligation to treat their patients in a way that others in their same field would under the same circumstances.
- Breach of duty: If a medical professional fails to act as others would have, his or her actions could be considered negligent.
- Causation: We must be able to prove through medical records and documentation that the professional’s negligent actions directly caused your injury.
- Damages: A medical professional can only be held liable for medical malpractice if his or her actions caused you to suffer damages, such as additional medical care and expenses, lost wages, and pain and suffering.
All cases must submit to a medical review committee to determine if there are grounds to file a lawsuit.
Types of Negligence
Malpractice can be committed by any person who works within any medical profession including medical technicians, nurses, doctors, dentists and psychologists.
Some of the most common types of medical malpractice include:
Anesthesia errors – Anesthesia carries grave risks if administered improperly. Medical errors and negligence can occur if a medical professional:
- Uses the incorrect drug or an incorrect dosage of the correct drug
- Fails to identify a patient’s allergies
- Fails to monitor a patient’s vital signs
- Does not act appropriately based on a patient’s vital signs
- Uses faulty equipment
Errors in the emergency room – Emergency rooms can be hectic and fast-paced environments. However, this is no excuse for failing to provide an appropriate level of care, especially since many emergency room patients are suffering from severe injuries or illnesses. Some common types of medical malpractice in this situation include:
- Medication errors
- Misreading medical tests, charts or x-rays
- Failing to make a diagnosis
- Surgical errors
Diagnosis errors – Whether your doctor diagnoses the incorrect condition or delays making the correct diagnosis, your health could be in grave danger. This can occur if the doctor:
- Fails to listen to the patient
- Fails to recognize symptoms
- Orders the incorrect tests
- Incorrectly interprets test results
- Fails to examine a patient’s medical history
Postoperative negligence – A patient’s care does not end with a surgery or treatment. Doctors are also responsible for ensuring a healthy recovery after a procedure. If negligence occurs during recovery after a surgery, it can result in serious infections or illnesses such as sepsis, internal bleeding, blood clots, pneumonia and more.
Hospital negligence – Medical professionals are not the only ones who can be held liable for errors that cause harm to patients. In some cases, hospitals like Palm Beach Gardens Medical Center, outpatient centers like the Nicklaus Children’s Palm Beach Gardens Outpatient Center, walk-in clinics and other healthcare facilities can be held liable for the actions of their employees. Healthcare facilities are responsible for the proper hiring and supervision of their employees.
Our Palm Beach Gardens medical malpractice attorneys can help you recover the funds you need to receive proper care and cope with the aftermath of a medical error. We will hold any negligent party liable for the harm they have caused.
Why You Need an Attorney
If you believe you have been injured or suffered an illness because of a medical professional’s negligence, it is important that you contact a reputable medical negligence attorney as soon as possible. You deserve justice for the harm you have suffered, and compensation may help you pay for the damages you have experienced.
Because medical malpractice cases require extensive knowledge of both the medical and legal industries, it is vital that you hire an attorney with experience handling these types of cases. Our team of experienced Palm Beach Gardens medical malpractice attorneys has recovered millions on behalf of clients who were injured because of a medical professional’s negligent actions. Some of our notable cases include:
- $3,600,000 settlement for a woman who suffered brain damage because of anesthesia errors during a hip replacement surgery
- $1,000,000 settlement for a woman whose peroneal and sciatica nerves were cut during ACL surgery
We are experienced personal injury lawyers located in Palm Beach Gardens who have the resources and skill to investigate and build your case. For more than three decades, our firm has earned a strong reputation for standing up for the rights of the injured.
Our founding partner Robert Gordon is a former president of the Palm Beach County Justice Association and is a board certified civil trial lawyer through The Florida Bar, the highest level of evaluation by The Florida Bar. He and several of our attorneys are also members of the Million Dollar Advocates Forum, an exclusive honor reserved for lawyers who have achieve million and multi-million dollar verdicts.
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Florida Medical Malpractice Statute of Limitations
Florida’s statutes of limitations requires that medical malpractice lawsuits be filed within two years from the date of the incident that caused your injury or from when your injuries were discovered or should have been discovered. However, no claim can be filed more than four years from the date of the incident.
Florida Statutes 766.106 notes that before a lawsuit can be filed, the injured party must provide pre-suit notice to the healthcare provider of their intent to file a lawsuit. Once the defendant has received notice, they have 90 days to provide a response of either rejecting the claim, making a settlement offer or agreeing to arbitration, which means they have admitted fault and will negotiate a damages award.
After that, we will have 30 days or the remainder of the statute of limitations to file a lawsuit.
These are short time requirements, so it is important that you contact our Palm Beach Gardens medical malpractice attorneys as soon as you think you have suffered an injury from medical malpractice. If you miss these deadlines, you will lose your opportunity to bring a claim and seek compensation.
You have two years to file a claim. Do not hesitate to contact us today.
Contact Our Palm Beach Gardens Medical Malpractice Attorneys
Medical malpractice lawsuits are extremely complicated cases that require the experience of an accomplished attorney. Our Palm Beach Gardens medical malpractice attorneys have decades of experience handling these types of cases and can help you get the compensation you deserve.
Contact Gordon & Doner today for a free, no obligation consultation to learn more and find out if you have a case. We offer our services on a contingency fee basis, so you will owe us nothing unless we recover compensation for you.