Call 561-861-1818 for a FREE consultation. The Boca Raton, Florida medical malpractice lawyers at Bernstein Polsky help individuals who have been injured due to a doctor’s mistake or medical error. Medical malpractice lawsuits can be complicated. Yet, if you’ve been hurt due to medical malpractice, you may have the right to seek damages to cover your medical bills, rehabilitation costs, lost wages due to missed time at work, and pain and suffering. You have a limited amount of time to seek damages if you’ve been hurt due to a medical error. Don’t wait to contact a Boca Raton, Florida medical malpractice lawyer. Because medical malpractice claims can be highly complex every day counts. Contact the medical malpractice lawyers in Boca Raton, Florida at Bernstein Polsky today.
How a Medical Malpractice Lawsuit Works in Boca Raton, Florida
If you’ve been hurt due to a doctor’s error, medical error, nursing error, surgical error, or prescription error, you have two years from the date the medical error occurred or when it should have been discovered to pursue your medical malpractice claim. Medical malpractice claims can be complicated. They require expert opinions, and medical review, and may involve lengthy and complex litigation. How does medical malpractice work in Florida? Here are some key elements that must be proven in a medical malpractice claim for such a claim to be successful:
A Lawyer Reviews Your Claim. The first step in any medical malpractice claim is to have a Boca Raton, Florida medical malpractice lawyer at Bernstein Polsky review your claim. Your lawyer can take a close look at the circumstances surrounding your injuries, determine whether there might be a clear connection between the doctor’s actions or failure to act and your claim, and get detailed information from you about your medical case. A medical malpractice lawyer in Boca Raton, Florida can assist you with the next steps if you have a valid claim. The next step in a medical malpractice case is to seek a medical expert who can attest that a doctor failed to provide a proper standard of care in your case.
Show Failure to Abide by the Standard of Care. Doctors, nurses, and medical staff have a responsibility to abide by a standard of care for patients. For a medical malpractice claim to be successful, the injured patient must be able to show that the doctor or physician failed to follow the appropriate standard of care. To file a medical malpractice claim, victims must initially seek a medical expert who can determine whether the doctor or physician failed to follow the appropriate standard of care. The medical expert must provide an affidavit stating his or her expert opinion that the standard of care was breached. As you can imagine, the process of getting a medical expert to review your situation and write an affidavit can take some time. Your lawyer and the medical expert may need to get your medical records and review them closely. The medical expert should ideally have a keen understanding of the type of care required for your situation. This process is extremely complex and highly involved. For this reason, it is wise to speak to a medical malpractice lawyer in Boca Raton, Florida at Bernstein Polsky as soon as possible. Our Boca Raton, Florida medical malpractice lawyers can review your case, help connect you with a medical expert for medical malpractice, and file your claim in a timely manner.
90-Day Pre-Lawsuit Period. If your lawyer and the medical expert agree that you have a case, the case will enter the pre-lawsuit period. During this 90-day investigatory period required under Florida law, the doctor, physician, hospital, or nurse against whom you have a claim will have the opportunity to review your claim and investigate the claim on their own. During the pre-suit period, the doctor has the option to offer to settle your case, deny that medical malpractice occurred, or decide to arbitrate the matter. Arbitration is essentially an admission of liability where a three-panel arbitration panel is elected to evaluate the damages that are limited under the law when this remedy is elected. Once the 90 days have passed, you and your Boca Raton, Florida medical malpractice lawyer can negotiate a settlement with the physician, take the case to court, engage in arbitration, or withdraw the case if the doctor can provide solid evidence disputing that medical malpractice occurred.
Negotiating a medical malpractice claim can be complicated. These cases involve thorough investigations of your medical records, expert witnesses, and specific procedures. A Boca Raton medical malpractice attorney can work with you every step of the way to help you get the best possible outcome for your case. If you or someone you love was hurt due to a physician or doctor’s error, the medical malpractice lawyers in Boca Raton, Florida at Bernstein Polsky are here to help you.
Types of Medical Malpractice
There are many types of medical errors that can constitute medical malpractice. Unfortunately, not all doctors or hospitals will admit when a mistake took place. In many cases, patients find out either due to injuries or complications. What are some types of medical malpractice? Here are a few:
Misdiagnosis and Failure to Diagnose. In some cases, a delay in diagnosis or a misdiagnosis can mean the difference between life and death. With cancer, for example, early diagnosis is crucial, and a late diagnosis or misdiagnosis can result in the cancer advancing to the point that it might be inoperable. Other types of misdiagnoses or failure to diagnose can lead to serious injury or death. Internal bleeding, heart attacks, stroke, and other conditions must be treated in a reasonable timeframe, and failure to do so can result in serious injury or death.
Prescription Errors. Prescription errors can happen because a nurse gives a wrong prescription or because a doctor orders the wrong medicine or dose. In either case, the consequences can be serious or fatal.
Surgical Errors. Situations can arise where surgical instruments or medical tools are left inside a patient leading to infection. Other situations can arise where the doctor operates on the wrong body part, or where the doctor makes serious mistakes leading to permanent injury, scarring or death.
Anesthesia Errors. Administering the right dose and following proper procedures is crucial when a patient is under anesthesia. Injuries and even death could occur when things go wrong and when doctors make mistakes.
Contact a Boca Raton, Florida Medical Malpractice Lawyer Today
From the date you are injured due to a physician error, the clock is ticking. A Boca Raton, Florida medical malpractice lawyer at Bernstein Polsky can assist you if you have been hurt by a doctor or physician. You may only have a limited amount of time to make a claim under the law. Reach out to Bernstein Polsky today to learn more.
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We aggressively litigate cases in state and federal courts in Florida and around the country involving catastrophic personal injuries, wrongful death, and brain injury matters stemming from automobile negligence, premises liability, products liability, medical malpractice and construction defect claims, amongst other areas.