Florida residents and visitors, seek out medical assistance by going to a doctor’s office, urgent care or emergency room when they are sick or injured. Medical professionals are here to assist with health related issues. Most of the time, the medical patient receives proper medical care and feels better after a short time. However, sometimes the medical professional fails to provide a standard of care expected to be provided by the medical community.
When medical professionals fail to provide adequate care or make mistakes that lead to a patient's injury or death, it is time to call a Palm Beach County Medical Malpractice Lawyer to discuss the facts and determine if you have a valid malpractice claim. The Law Office of Roger P. Foley is available when you need help.
If you believe that your health has been compromised as the victim of such an act and are looking into hiring legal representation – “Just Call Me” Attorney Roger P Foley. There are no upfront fees. We are paid only if we succeed in collecting money on your case.
Medical negligence refers to the actions committed by doctors, nurses and other healthcare professionals that do not meet an accepted standard of care- this means they miss something important or did things wrong while caring for you!
Medical negligence occurs when a physician fails to meet the standard of care, thus breaching their duty towards patients. Yet, medical negligence does not always mean that you have a medical malpractice case.
Medical negligence does not automatically mean that medical malpractice occurred. For Malpractice to occur, the medical action or inaction must have caused the injury. In legal terms, the medical professional must have caused the damages. It may be difficult to determine whether the facts of your case meet the medical malpractice standard. Therefore, it is highly recommended that you consult with personal injury.
If you have a medical malpractice case, a Palm Beach County medical malpractice lawyer will strive to reach a favorable settlement or verdict.
Medical malpractice attorneys receive many potential cases each year. Of those potential cases, they only choose to pursue a very small percentage of cases. Attorneys must examine several factors to determine if they can be successful in a malpractice case.
If these criteria are met then there is a very good possibility that you have a medical malpractice case. However, most cases end at step one.
One of the most common types of medical malpractice claims occurs when doctors misdiagnose or fail to diagnose an injury or illness. That failure often causes the patient a delay in receiving the proper treatment. Without timely and proper treatment, a patient's condition may worsen and no longer be treatable due to the loss of time.
The Law Office of Roger P. Foley, P.A. is available to help victims of medical malpractice in Florida. If you or a loved one believe that you were injured due to a medical professional's negligence, please call us for a free case evaluation.
The recognized standard of care refers to the accepted medical treatment and procedures that are understood by reasonable health professionals as an appropriate course for healing injuries or treating diseases. As a patient, you have every right to expect that medical professionals will provide care consistent with today's standards.
If your lawyer can establish that the standard of care was breached and you, the patient, was harmed as a result, then you may have a case for medical malpractice.
Florida law, specifically Florida Statute 766.106 requires a patient or family to give notice "after completion of pre-suit investigation pursuant to s. 766.203(2) and prior to filing a complaint for medical negligence, a claimant shall notify each prospective defendant by certified mail, return receipt requested, of intent to initiate litigation for medical negligence." This serves two main purposes:
The logic behind this requirement is that those that have meritless cases will be persuaded not to file litigation because of the time, effort and financial costs. The requirements for the notice and pre-suit investigation are outlined in Florida Statute 766.106.
Florida Statute 766.203 requires that prior to a patient or the family sending a Notice of Intent of filing a medical negligence lawsuit, a pre-suit investigation must occur. During this investigation, the claimant through his legal counsel, must determine whether there are reasonable ground to believe that:
It is important that you speak with a medical malpractice attorney to discuss the facts of your case. The attorney and his staff will assist you in the pre-suit investigation and drafting the Notice of Intent so that it conforms with the law and is completed in a timely manner. The attorney will help negotiate a settlement with the insurance company or the self insured defendant and his counsel.
You don't want to think about the worst case scenario for your family, but if a medical professional's malpractice causes the wrongful death of your loved one then it's time to contact a lawyer. For a wrongful death claim, the family of the deceased, the surviving spouse or children under 25 years of age, will become the personal representative of the estate so that a lawsuit can be filed against their loved one's doctor and/or hospital for damages.
Medical negligence must have caused the wrongful death to be successful in a civil claim for damages. That means you must prove the medical professional or entity caused the death of your family member to receive financial compensation.
No. The toughest part of being a medical malpractice lawyer in Florida is when an adult patient, over 25, dies as a result of medical negligence and does not have a spouse (wife, husband or same sex married partner) and/or minor children under the age of twenty five (25), a lawsuit is barred. Neither parents, siblings can bring a lawsuit because it is barred by Florida law. Parents can only bring a lawsuit if the child is under the age of 25.
This is a constant issue that is debated in the Florida legislature.
If you are a victim of medical malpractice, it is important to retain an attorney that will seek justice on your behalf. Your medical malpractice attorney will need to prove the following four (4) elements to be successful in the case:
A medical malpractice attorney will file a claim against the medical treatment provider to fairly compensate you for your injuries. Florida statute 458.320 provides the insurance coverage that doctors in Florida must acquire if they are treating patients. If a fair settlement offer is not reached then your attorney may file a lawsuit on your behalf.
Your attorney needs to prove the doctor or medical professional was negligent and that negligence resulted in your injuries. This usually occurs when your attorney files the pre-suit notice required by law. After receipt of said notice, the insurance company will do their own investigation and determine if they are going to deny the negligence claim, admit liability and request arbitration to determine the amount of money to be paid in damages or propose a settlement offer. If a settlement offer is made, there is often a back and forth process between the lawyers.
The amount of damages in a medical negligence negotiation are both economic and non-economic. For example:
Your lawyer will often consult with a wide range of damage experts to determine the proper amount to be given to a victim or their family. Some common damage experts include:
For a medical malpractice case to commence, your attorney must review all the medical information, consult and retain medical experts, and the expert must determine that your medical provider failed to act in the way that reasonable careful medical professional (doctor, nurse, hospital, or other medical person) would do under similar circumstances. See Florida Statutes 766.102 Medical negligence; standards of recoveryand 766.104 Medical negligence cases; reasonable investigation required before filing.
If a settlement cannot be reached between the parties, it's time to file a lawsuit. This is a basic outline of the litigation process:
See Florida Statute 766.118 and North Broward Hospital District v. Susan Kalitan, SC15–1858 (June 8, 2017). Caps on non-economic damages violate the Equal Protection Clause.
Both economic and non-economic damages are to compensate the victim for their injuries.
Attorney, Roger P. Foley, understands the medical negligence law and what is necessary to bring a successful medical claim. His goal is to help his clients achieve justice.
Personal injury and Medical Malpractice cases are paid on a contingency basis. That means that we only get paid if we are successful in your case. All costs are paid by the attorney upfront, and we recoup that money if there is a settlement reached or if we are successful in a medical malpractice lawsuit. There is never an out of pocket fee for our clients.
The statute of limitations is two (2) years from when the person (patient) knew or should have known of the reasonable possibility of medical malpractice. This can be extended up to four years when the injury is not immediately discovered or up to seven (7) years in cases where fraud, concealment, misrepresentation or a minor if the claim is brought prior to the child’s eighth (8) birthday. See Florida statute 95.11(4)(b)
The Law Office of Roger P. Foley represents personal injury victims, including medical malpractice in West Palm Beach and throughout the state of Florida. If you need legal assistance, “Just call me” Attorney Roger P. Foley.