West Palm Beach medical malpractice lawyer

Medical malpractice occurs when a doctor, hospital, or healthcare professional commits a negligent act or omission that causes their patient harm. The negligence could arise from errors in diagnosis, treatment, or aftercare.

Medical malpractice cases can be pretty complicated, and it’s important to remember that an unsatisfactory result does not necessarily mean malpractice occurred. For example, just because you don’t like the way your surgery scar looks doesn’t mean that the doctor acted negligently and committed malpractice.

Your claim must contain the following elements to be considered medical malpractice:

The West Palm Beach medical malpractice lawyers at Lytal, Reiter, Smith, Ivey & Fronrath have successfully handled numerous medical malpractice cases. They help victims recover financial and non-monetary losses and get the maximum compensation for their damages.

When a diagnosis is delayed or just plain wrong, a patient may undergo weeks to years of unneeded or improper treatments. A typical example of misdiagnosis resulting in malpractice is when a patient visits the doctor’s office with chest pain, and the doctor diagnoses the ailment as a digestive issue when the symptoms are actually the warning signs of a heart attack.

Failure to diagnose is a particularly egregious form of medical malpractice. Instead of recognizing symptoms, diagnosing the patient, and adjusting treatment accordingly, doctors sometimes fail to detect an existing condition.

Lytal, Reiter, Smith, Ivey, and Fronrath have successfully obtained results in many failure-to-diagnose and misdiagnosis cases. For example, we obtained $900,000 and $750,000 settlements for two clients whose doctors failed to diagnose their lung cancer.

Mothers-to-be shouldn’t have to worry about their health and the health of their baby while in labor. Yet, the US has the highest childbirth mortality rate when compared with similar countries. This is unacceptable when you consider the amount of education and resources available to medical professionals in this country.

Some of the common labor and delivery errors that can lead to a birth injury include cerebral palsy caused during labor, failure to monitor fetal vitals; improper use of delivery tools such as forceps or vacuum extractors; medication errors, and failure to perform a timely C-section. You may be wondering, “Is cerebral palsy always a birth injury?” Read more in our FAQ to answer this question. 

Lytal, Reiter, Smith, Ivey & Fronrath are experienced in dealing with labor and delivery lawsuits with a high success rate. We awarded $35,000,000 to the family of a baby who was injured due to a medical professional’s error.

Medication errors in anesthesia

Long-term malpractice errors

Lack of informed consent lawsuits

Medical negligence lawsuits

Common Issues Caused by Medical Malpractice

When you see a medical professional, you expect that your health concerns are taken seriously. You have a right to top-notch medical advice and high-quality patient care.

While doctors, nurses, and other medical professionals do their best to provide quality services for their patients, they’re still human and mistakes happen.

Birth injury

The most common medical malpractice cases are related to birth injury. Mothers and infants are all too often victims of medical malpractice. These acts of negligence occur when doctors, nurses, other medical staff, or hospitals fail to use reasonable care when attending to a mother during pregnancy or delivery.

Cerebral Palsy

Erb’s Palsy

Brachial Plexus injury

Anesthesia errors

General

Regional

Local

Emergency room errors

Hospital malpractice

Medical device errors

Misdiagnosis & delayed diagnosis

Postoperative negligence

How is medical malpractice proven?

If a medical professional or doctor has breached their duty of care, you may be able to claim compensation for their negligence or wrongful act in a medical malpractice lawsuit. Medical malpractice is when a physician or other medical professional deviates from the accepted standard of care, and actual damages or losses occur as a result.

When proving negligence in a medical malpractice lawsuit, all of the following must exist:

• The victim was a patient of the physician or other medical professional.
•  The physician or other medical professional acted negligently or maliciously.
•  The doctor or medical professional’s negligent or wrongful act directly caused the victim’s injury or death.
•  The harm or death caused actual damages, such as special damages, general damages, and punitive damages.

Proving negligence and fault can be incredibly difficult without the help of an experienced medical malpractice lawyer. A West Palm Beach medical malpractice lawyer at our personal injury firm can help you understand the details of your unique case and legal claim, helping you choose the right path forward.

What medical malpractice damages can be rewarded?

You’ve filed a medical malpractice lawsuit, but what can you claim? There is a long list of damages for which you may demand compensation. Out-of-pocket costs are the easiest to have covered, but there are more intangible damages that you can claim, too.

There are three types of damages one can claim in a medical malpractice lawsuit:

• Special damages
• General damages
• Punitive damages

Special damages

These are damages attributed to actual costs relating to the incident of medical malpractice. These quantifiable damages have a receipt, a bill, or a paper trail. These damages can also be claimed for potential future expenses related to the incident as well.

Some special damages that may be claimed include:

• Medical costs
• Repayment of the medical malpractice procedure
• Costs of in-home care
• Emergency room fees
• Ambulance fees
• Projected future care
• Therapy or counseling

General damages

These damages are not quantifiable but no less deserving of compensation due to the negligence of the medical professional. These cover the cost of suffering for the patient for what they have been through during the ordeal.

Each medical malpractice case is unique, which is why you need an experienced West Palm Beach medical malpractice lawyer in your corner who knows the ins and outs of medical practice insurance and how to quantify the unquantifiable. These damages often need to be supported by more than just documentation. It is not uncommon for witness testimony to be heard from the injured, their friends, and family during a lawsuit.

General damages can include:

• Pain
• Suffering
• Loss of enjoyment of life
• Loss of quality of life
• Future loss of earning capacity
• Humiliation or reputation loss

Punitive damages

These types of damages are defined as a punishment against the medical professional or egregious acts of malice or negligence. A doctor who leaves a surgical sponge inside of a patient intentionally to warrant a second surgery can be sued for punitive damages, but if this same incident happened accidentally, punitive damages may not be pursued because the act was not willful. It is rare for punitive damages to be given in a medical malpractice case, but it is not unheard of.

Can I afford a medical malpractice attorney?

Pay nothing unless we win.

Lytal, Reiter, Smith, Ivey & Fronrath follow a contingency fee structure. This means that if our law firm takes your case, you don’t have to pay anything until we win. We will not take your case unless we feel we will win since all of the costs will be on us if we lose.

What is a contingency fee?

Most personal injury law firms use a contingency fee instead of a client paying upfront costs. A lawyer’s payment for your lawsuit is contingent on their winning the case. If the lawyer doesn’t win the case, the client doesn’t have to pay, and the lawyer absorbs the costs of filing and litigation.

We don’t charge by the hour or a flat fee. Instead, we cover all upfront court costs and collect a fixed percentage of the final paid-out amount.

The costs of a medical malpractice lawsuit

Filing and litigation costs can be a lot of money, especially if you are out of work due to your medical malpractice claim. Expert witnesses cost money, as well as requesting and ordering medical records and traveling to interview eyewitnesses.

Once we win, we deduct the cost of filing your lawsuit and the contingency fee, so the check you get is yours, and you don’t have to worry about anything else.

How long do I have to file a lawsuit after a medical malpractice injury?

After medical malpractice occurs, a victim must file a case within a specific period set forth by the State of Florida’s statute of limitations. For medical malpractice or wrongful death claims, the Florida statute of limitations allows claims to be filed within two years from the date of the incident. Outside of this period, you will likely not be able to collect compensation through a lawsuit.

There is an argument over what the term “incident” refers to, whether it is the date of the malpractice procedure or the date on which the patient first noticed something was wrong. Talk to a West Palm Beach medical malpractice lawyer to learn more about it.

What is the medical malpractice statute of repose?

The statute of repose states that unless a medical professional participated in fraud, concealment, or misrepresentation, the healthcare provider may not be sued under any circumstances more than two years after the date of the medical malpractice incident.

If a person, family, or entity can prove fraud, concealment, or misrepresentation, the statute of repose may be extended to seven years. However, proving it can be tough to do in a court of law.