Medical Liability & Your Rights
As a patient, you expect that your doctor will provide you with a certain level of care. However, just like in any field, accidents can occur. But what can you do if your physician does not appropriately attend to your medical needs? And what steps should you or your loved ones take if your health treatment leads to an injury or death? Let’s discuss medical liability, also known as medical liability, and your rights as a patient.
If you or a loved one has been injured or even killed by a faulty or defective product, pursue legal action with the help of a top Boca Raton product liability attorney from Lytal, Reiter, Smith, Ivey & Fronrath. Whether the accident happened due to a manufacturing defect, a design defect, or a label/warning defect, one of our product liability attorneys can help you recover damages through a legal claim.
Ready to meet with one of our leading Boca Raton product liability attorneys to discuss your case? Schedule a free, no-obligation consultation today by calling 561-655-1990 or sending our team a message now.
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What are Medical Liability and Medical Malpractice?
Medical liability law helps patients who have not received the proper level of care recover damages from a doctor or health care provider. Medical malpractice occurs whenever a doctor fails to provide care that would be expected from another reasonable physician. If a doctor’s or medical provider’s failure to provide a standard of care results in your injury or death, then they are legally liable for their actions.
However, if other doctors would provide a similar level of care, or you do not suffer injury because of the physician’s actions, malpractice has not occurred. Because negligence from a medical professional can have devastating consequences, medical malpractice lawsuits are some of the largest awarded personal injury cases.
Common Ways Medical Malpractice Occurs
There are many ways that a physician can commit medical malpractice. It’s important to note that these actions by themselves may not qualify as malpractice. However, if you can prove that a competent medical professional would have provided a higher level of care and the action or inaction caused you injury, then these events are considered malpractice.
This list is not comprehensive and may not include your specific situation, but the most common forms of medical malpractice include:
- Failing to identify an illness or misdiagnosing a patient. This can include receiving incorrect treatments to solve a health problem. Healthy patients receiving unnecessary treatment due to misdiagnosis is also considered medical malpractice.
- Identifying an illness but failing to treat you adequately. Likewise, a doctor can diagnose your illness properly, but fail to treat it. Most often this occurs whenever a doctor is working with too many patients. Because they’re too busy to provide a standard level of care to their patient, they may forget to refer a patient to a specialist. Further, the doctor may not follow up or release their patients too soon, resulting in injury.
- Making surgical errors. Some of the most well-known medical malpractice cases are due to surgical errors. There are significant problems that can occur during surgery, which can lead to many long-term health complications. Even if you sign a form stating that you understand the risks of having surgery, this does not mean that you cannot recover damages.
How To File a Medical Liability Lawsuit
If you have been injured by a medical professional because of their negligence, you should receive compensation for your suffering. Here is the process you should take to start a medical malpractice case.
- Consult an attorney. Medical malpractice law is complex and requires significant resources. Be sure to discuss your malpractice case with a reputable medical malpractice law firm with proven experience.
- Have your attorney start an investigation. This will include gathering evidence, depositions, and finding experts for trial.
- Settle or go to trial. Your attorney will work with the physician’s insurance company to fairly compensate you for your damages. If they cannot agree on a settlement, then the case outcome will be determined by a judge or jury.
- Follow all procedures for bringing forward your medical malpractice case. The steps your attorney follows will depend on the state you live in. Forgetting to file, failing to meet with a medical review board, or delaying the suit can result in your case being thrown out. For this reason, it is always best to work with an experienced West Palm Beach medical malpractice attorney.
Discuss Your Case With a Medical Malpractice Lawyer Today
We trust medical professionals to provide adequate care for our illnesses. When you suffer an injury during medical treatment, the negligent party should be held accountable.
Get a free consultation with a Medical Liability & Your Rights Attorney by calling
561-655-1990
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Frequently Asked Questions
What’s my car accident case worth?
Insurers may calculate damages arising car accidents in many different ways. An experienced attorney can help you estimate your losses arising from medical expenses, lost wages, and pain and suffering.
What if my car is hit by an uninsured driver?
If you have purchased uninsured motorist coverage from your insurance carrier, you can usually file a claim for medical expenses and property damage arising from an accident with an uninsured driver.
What evidence do you need to pursue a car accident lawsuit?
Many sources of information can become valuable evidence following a car accident. Photographs of the damage, statements from eyewitnesses, and police or DMV reports can all be relevant to your case.
What if an insurance company unreasonably refuses to settle a claim?
Though state laws vary, insurers must generally act in good faith toward those making claims on a policy. Signs of bad faith include delayed responses to claims, and denying claims without explanation.
Do I need a car accident lawyer?
Following a collision, an experienced car accident attorney can help you gather evidence, assemble documentation of your losses, and negotiate with insurers and adverse parties to protect your rights.
View More FAQs
Popular Topics
Distracted Driving
Distracted driving is an increasingly common cause of car accidents, particularly with smartphone use on the rise. Distracted drivers may be liable under the theories of negligence or negligence per se.
Reporting a Car Accident
Depending on your state and the severity of the crash, you may or may not need to report a car accident to law enforcement. However, you must usually report the collision to your insurance company.
Who to Sue After a Car Accident
When you have been injured in a car accident, legally responsible parties can include not just other drivers, but vehicle owners, employers, car manufacturers, property owners, and government entities.
Common Injuries After Car Accidents
Car accidents can result in a variety of injuries, many of which may seem insignificant at first. Cuts, broken bones, soft tissue injuries, whiplash, and head injuries can all result in substantial damages.
Drunk and Impaired Driving
In addition to facing criminal charges, drunk drivers can be held liable in civil court for injuries they cause, and plaintiffs suing them civilly are subject to a lower standard of proof than in criminal cases.
View More Topics
As a patient, you expect that your doctor will provide you with a certain level of care. However, just like in any field, accidents can occur. But what can you do if your physician does not appropriately attend to your medical needs? And what steps should you or your loved ones take if your health treatment leads to an injury or death? Let’s discuss medical liability, also known as medical liability, and your rights as a patient.
Understanding this term will help you determine whether your doctor is liable for the injuries you have suffered after visiting a health care provider.
What are Medical Liability and Medical Malpractice?
Medical liability law helps patients who have not received the proper level of care recover damages from a doctor or health care provider. Medical malpractice occurs whenever a doctor fails to provide care that would be expected from another reasonable physician. If a doctor’s or medical provider’s failure to provide a standard of care results in your injury or death, then they are legally liable for their actions.
However, if other doctors would provide a similar level of care, or you do not suffer injury because of the physician’s actions, malpractice has not occurred. Because negligence from a medical professional can have devastating consequences, medical malpractice lawsuits are some of the largest awarded personal injury cases.
Common Ways Medical Malpractice Occurs
There are many ways that a physician can commit medical malpractice. It’s important to note that these actions by themselves may not qualify as malpractice. However, if you can prove that a competent medical professional would have provided a higher level of care and the action or inaction caused you injury, then these events are considered malpractice.
This list is not comprehensive and may not include your specific situation, but the most common forms of medical malpractice include:
- Failing to identify an illness or misdiagnosing a patient. This can include receiving incorrect treatments to solve a health problem. Healthy patients receiving unnecessary treatment due to misdiagnosis is also considered medical malpractice.
- Identifying an illness but failing to treat you adequately. Likewise, a doctor can diagnose your illness properly, but fail to treat it. Most often this occurs whenever a doctor is working with too many patients. Because they’re too busy to provide a standard level of care to their patient, they may forget to refer a patient to a specialist. Further, the doctor may not follow up or release their patients too soon, resulting in injury.
- Making surgical errors. Some of the most well-known medical malpractice cases are due to surgical errors. There are significant problems that can occur during surgery, which can lead to many long-term health complications. Even if you sign a form stating that you understand the risks of having surgery, this does not mean that you cannot recover damages.
How To File a Medical Liability Lawsuit
If you have been injured by a medical professional because of their negligence, you should receive compensation for your suffering. Here is the process you should take to start a medical malpractice case.
- Consult an attorney. Medical malpractice law is complex and requires significant resources. Be sure to discuss your malpractice case with a reputable medical malpractice law firm with proven experience.
- Have your attorney start an investigation. This will include gathering evidence, depositions, and finding experts for trial.
- Settle or go to trial. Your attorney will work with the physician’s insurance company to fairly compensate you for your damages. If they cannot agree on a settlement, then the case outcome will be determined by a judge or jury.
- Follow all procedures for bringing forward your medical malpractice case. The steps your attorney follows will depend on the state you live in. Forgetting to file, failing to meet with a medical review board, or delaying the suit can result in your case being thrown out. For this reason, it is always best to work with an experienced West Palm Beach medical malpractice attorney.
Discuss Your Case With a Medical Malpractice Lawyer Today
We trust medical professionals to provide adequate care for our illnesses. When you suffer an injury during medical treatment, the negligent party should be held accountable.
If you suspect that you or a loved one has experienced medical liability and would like to know your rights, please contact us. Lytal, Reiter, Smith, Ivey & Fronrath can advise you on which actions to take. Call us at (561) 655-1990 to receive your free medical malpractice suit consultation.
Locations we serve:
Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th floor
West Palm Beach, FL 33401
1850 SW Fountainview Blvd STE 207
Port St. Lucie, FL 34986
150 E Palmetto Park Road Suite 840
Boca Raton, FL 33432
110 SE 6th St Ste 1410
Fort Lauderdale, FL 33301
2200 Broadway, Space 301 Fort Myers, FL 33901
Phone: (561) 655-1990
Fax: (561) 832-2932
Español: (561) 833-1964