General medical negligence
General medical negligence is an umbrella term that covers anything a doctor fails to do that falls into their sphere of responsibility. For example, not paying attention to recorded allergies.
We can help you claim a wide range of damages in your medical malpractice case, including wrongful death, medical expenses, lost wages, future wages, pain and suffering, disfigurement, loss of enjoyment of life, and more. No matter the details of your case, we can confidently lead you on the path to success and help you get the compensation you are entitled to by law.
Medical Malpractice Questions and Answers
Why do I need a medical malpractice lawyer?
It’s incredibly overwhelming to not only require medical attention but to then suffer from medical malpractice as well. It can also be difficult to know where to turn. Legally, you can handle your medical malpractice case on your own, but that means you’ll need to navigate complex legal matters and go up against large insurance companies on your own.
An experienced West Palm Beach medical malpractice lawyer will be your best advocate. They can fight for your right to seek compensation and ensure you’re being treated fairly throughout the legal process.
Your medical malpractice lawyer will handle all of the communications with the insurance companies, can effectively evaluate what your claim is worth, and will negotiate the best possible settlement for your case.
Should I let my insurance cover a medical malpractice injury?
Your medical malpractice settlement could be affected if your insurance company covers part or all of your medical expenses. If this happens, healthcare providers and insurance companies can issue a lien against your settlement proceeds, which would in turn reduce the amount you receive in the settlement.
A medical lien is a demand for repayment placed against the settlement amount of your malpractice case. However, liens are negotiable and can even be disputed.
If you are unsure of how your health insurance could affect your medical malpractice lawsuit, contact the experienced lawyers at Lytal, Reiter, Smith, Ivey & Fronrath. They can advise you of your legal rights and options and work on your behalf to seek maximum compensation for your damages.
Should I involve the police in my medical malpractice claim?
Typically, medical malpractice cases are settled in civil, not criminal, court. Civil court handles personal injury cases including medical malpractice. Criminal court does not handle compensation but seeks to punish the defendant.
Victims of medical malpractice often choose to file a complaint against a medical professional with their state’s medical board as well. The board is responsible for reviewing complaints and referring them to another agency if needed, including the police. Medical malpractice cases that can lead to criminal charges include:
- Healthcare fraud
- A medical professional caused intentional harm to a patient
- Prescribing drugs in exchange for a kickback from a medication manufacturer
- Conducting unnecessary procedures
While filing a complaint with a medical board or the police may lead to an investigation, it does not initiate a medical malpractice lawsuit. If you believe you have grounds to file a medical malpractice lawsuit, consult with an experienced West Palm Beach attorney first. Your lawyer can advise you of your legal options and propose the next steps for you to seek compensation for your damages.
What differentiates medical malpractice from negligence?
While medical malpractice is a type of negligence, the key difference between the two terms is intent.
Medical negligence is when a medical professional makes a mistake that results in unintended harm. Medical malpractice is when a medical professional knowingly fails to uphold the proper standard of care.
Medical malpractice does not automatically imply malicious intent; however, the medical professional made a conscious choice that led to injury to the patient when there was an alternative available. Learn more in our FAQ ” What is the difference between medical malpractice and medical negligence?”
How does liability work for my medical malpractice injury?
Physicians typically come to mind first when we think of liability in medical malpractice cases. However, the truth is that there is a wide variety of medical professionals that may be held liable in these cases:
Additionally, there are cases when the medical facility itself can be held liable for medical malpractice. Clinics, hospitals, private care practices, and urgent care centers can all be held liable. For example, if an injury or infection is caused by unsanitary conditions or incompetent medical staff, the facility itself may be found liable. Learn more in our FAQ “Who can be held liable for my medical malpractice injury?”