Medical errors often lead to significant patient harm. Individuals who are injured or become ill due to the negligent actions of a medical provider often sustain substantial financial losses and experience extended or permanent pain and suffering.
A medical malpractice injury can have a terrible effect on your life. After being traumatized by the mistakes of medical staff, you may have to deal with even more hospital and doctor visits to treat your injuries. Malpractice may also lead to permanent disability, chronic pain or problems, and death.
Meanwhile, insurance companies work round the clock to minimize the compensation they pay out. Our team of West Palm Beach personal injury lawyers at the Law Offices of Craig Goldenfarb, P.A. understand their motivations. We also know your legal rights and are dedicated to getting you the maximum amount of compensation possible. We know this compensation can help you recover from your injuries, and get back to normal as soon as possible. Contact us today for a free consultation.
How Common Are Medical Mistakes?
Seeing a doctor or going to a hospital can be a stressful experience. Between the physical discomfort or pain and the high cost of care, many people feel vulnerable when seeking medical treatment. But we expect doctors and hospitals to provide quality care for their patients. However, sometimes they make mistakes that can lead to serious injury or even death for the patient.
According to the Journal of Patient Safety, about 21,000 deaths from medical errors are reported each year. It’s estimated that the actual number of deaths from medical errors is even higher, as many go unreported. Causes of medical malpractice may include, but are not limited to:
- Surgical errors
- Failure to diagnose properly
- Errors in treatment
Medical Malpractice Case Types
There are many types of incidents that lead to medical malpractice. These range from surgeons making mistakes during an operation to doctors failing to diagnose a serious but treatable illness until permanent damage or death has occurred. The Law Offices of Craig Goldenfarb, P.A. has a team of medical malpractice lawyers in West Palm Beach dedicated to evaluating all aspects of a medical malpractice case. We take an individual approach to studying the physical evidence, medical records, and even consulting eyewitnesses. There are many kinds of malpractice injuries. These include, but are not limited to:
- Misdiagnosis
- Delayed diagnosis
- Failure to treat
- Medical product liability
- Performing the incorrect procedure
- Performing unnecessary surgery
- Damaging organs, nerves, or tissues during surgery, including spinal cord injuries
- Administering an incorrect amount of anesthesia during surgery
- Using non-sterile surgical instruments, leads to infection
- Leaving medical equipment inside the patient, causing infection and/or pain
- Providing inadequate care after surgery
- Birth injury
The West Palm Beach medical malpractice lawyers at the Law Offices of Craig Goldenfarb, P.A. will thoroughly investigate the details of your case and work beside you to find the best legal strategy to obtain the most compensation possible for your injuries.
Proving Liability & Recovering Damages In A Medical Malpractice Claim
When pursuing compensation in a medical malpractice claim, it is essential to identify the responsible party and prove their liability so that you may obtain compensation. Several parties may be held responsible for your medical malpractice claim, including:
- The physician or physician’s assistant
- The nurse
- The hospital
- Device manufacturers
After you have identified the responsible party, your medical malpractice lawyer in West Palm Beach will help you gather evidence to demonstrate liability. The four elements of proving liability are:
- The responsible party owed you a legal duty of care: If a doctor-patient relationship was established (it does not necessarily have to be a doctor), then the medical professional typically owed a duty of care to the patient. This duty included upholding the medical standard of care as defined by the legal system.
- That duty of care was breached: It must be shown that the medical professional in question somehow breached the duty of care that they owed the patient. This means that they violated the medical standard of care and can include a range of types of negligent actions.
- The breach of duty caused you harm: After showing that the medical professional indeed breached their duty of care, an attorney must show that the breach of duty caused harm to their client.
- You suffered real damages due to the harm: Lastly, the total amount of monetary losses the victim sustains should be established and thoroughly documented. Without monetary losses, a claim is unlikely to find success.
If you are seeking compensation for a medical malpractice claim, it is in your best interest to work with an experienced West Palm Beach medical malpractice attorney who can help you identify the responsible party and gather evidence to demonstrate their liability.
Types of Compensation You Could Recover
Medical malpractice victims may be able to recover several types of economic and non-economic damages if their claim against an alleged negligent medical provider is successful. At GOLDLAW, our team strives to recover economic and non-economic damages on behalf of every client we assist. Our team works directly with trusted medical and financial experts to adequately calculate the following types of losses:
- Economic damages. Medical practice victims often experience a range of expenses that are relatively calculable by examining receipts, bills, and estimates that come in after the alleged malpractice incident occurs. Some of the most common types of economic damages associated with medical malpractice claims include:
- Additional medical expenses are rising due to the malpractice
- Coverage of lost wages if a victim is unable to work
- Loss of earning potential if a disability arises
- Out-of-pocket expenses associated with the incident or recovery
- Non-economic damages. These types of damages play a critical role in providing compensation for a medical malpractice victim. These types of losses are not directly quantifiable like the economic damages mentioned above. However, understanding these damages is essential to assessing the full scope of a person’s losses. These types of damages include:
- Physical pain and suffering
- Emotional and psychological trauma
- Loss of enjoyment of life
- Loss of consortium for a spouse
- Disfigurement or scarring damages
How Much Compensation Will You Receive
If the West Palm Beach medical malpractice claim is successful, whether through an insurance settlement or as a result of a jury verdict, no set amount of compensation will be paid. Several factors could influence the total compensation amount, including the severity of a person’s injury or illness and how long it takes them to recover. We encourage you to speak to your medical malpractice attorney in West Palm Beach to gain an understanding of possible compensation recovery amounts.
Contact a West Palm Beach Medical Malpractice Lawyer Today
We understand the challenges facing individuals who are harmed due to medical negligence in West Palm Beach. Our team has the resources needed to conduct a thorough investigation into your claim, and we want you to recover the compensation you are entitled to.
The Law Offices of Craig Goldenfarm, P.A. can help you secure the compensation you are entitled to, so don’t go it alone. Our team of West Palm Beach medical malpratice lawyers is highly experienced with a deep understanding of medical malpractice laws. Call us at (561) 222-2222 or contact us online to get started today.