Medical Malpractice Attorneys in Deerfield Beach, Florida (FL)

How Do You Know if You Have a Medical Malpractice Case?

To better understand if you or your loved one have a medical malpractice case, contact our firm for your free case review. Medical negligence occurs in many different forms such as:

• Anesthesia Incidents 
• Birth Injuries
• Brain Injuries
• Cancer Malpractice
• Emergency Room Mistakes
• Failure to Diagnose 
• Failure to Treat
• Hospital Negligence
• Incorrect Treatment
• Medical Equipment Failures
• Medication Underdoses/Overdoses
• Misdiagnosing Illnesses  
• Misread Tests, Diagnostic X-rays, MRIs, CT Scans
• Nursing Home Neglect or Abuse
• Pediatric Malpractice
• Pharmacy Mistakes
• Plastic Surgery Malpractice 
• Prescription Errors
• Radiation Malpractice
• Treatment Delays

At Fuentes & Berrio, our Medical Negligence Lawyers hold those responsible for their errors or omissions. Our attorneys understand that by holding medical professionals responsible for their actions, they will practice with greater caution when treating their patients in the future.

Proving Medical Malpractice and Negligence in Florida 

Once you or your loved one have determined that a medical professional has caused harm, the next step is proving medical malpractice has occurred. To prove medical malpractice has occurred, there are three legal elements that must be proved by your Medical Malpractice Attorney.

These elements include:

• Your doctor or other medical professional owed you a “legal” duty of care, and
• An error, action, or omission by that medical professional did not adhere to the standards of care, and
• That deviation from the expected standard of care created a breach of duty to you or your loved one, and
• That breach of duty produced a direct and proximate cause of you or your loved one’s injuries, and
• You or your loved one sustained damages stemming from your or your loved one’s injuries or death.

The Difference Between Direct and Proximate Cause in Florida Medical Malpractice Claims

Under Florida Law, it is not enough to prove that your medical provider made a mistake. Moreover, it is not enough to prove that those errors caused you or your loved one harm. In Florida, your Medical Malpractice Attorneys must prove that your physician or medical provider caused your or your loved one’s injuries.

The Medical Malpractice Defense Attorneys typically try to eliminate this causal link by asserting that your injuries are pre-existing. The defense attorneys will try to argue that the injuries occurred in the past or are unrelated to a doctor’s error or omission. Our legal professionals understand how to disprove the defense’s assertions and we work hard to precisely and definitively connect your physician’s mistakes or omissions to the harm you or your loved one sustained.

Direct Cause simply means that the negligent medical provider caused harm directly to the patient. For example, a surgeon amputates the patient’s wrong foot.

Proximal cause means that the actions, decisions, errors, or omissions made by the medical provider eventually caused harm to the patient. For example, a doctor fails to properly diagnose the patient and the patient’s untreated illness causes them harm.

Florida’s Non-Economic Damages Cap

In the State of Florida, there are monetary limits to medical malpractice or negligence lawsuits. In states like Texas, a plaintiff may only receive up to $250,000 in non-economic damages in a medical malpractice lawsuit no matter how severe the injury. For example, if a brain surgeon operates on the wrong side of the patient’s brain and this causes the patient to lose their vision, the amount of money the patient could receive in a medical malpractice lawsuit is capped at $250,000. Fortunately, in the State of Florida, the monetary cap on damages in medical malpractice lawsuits is $750,000 for non-practitioners for each incident and $500,000 for medical practitioners per incident under Florida Statute Section 766.118.

What Are the Types of Damages That May Be Awarded in a Florida Medical Malpractice Lawsuit?

In most medical malpractice cases, the damages sought by your attorney will include all malpractice-related medical expenses, future treatment, future medical expenses, lost earnings, and lost future wages should you or your loved one suffer a permanent impairment. Also, medical malpractice victims may be able to seek non-economic damages, including disfigurement, scarring, loss of quality of life, and pain and suffering. In the case of a loved one being in a permanent vegetative state or dying due to malpractice, the most money a claimant can obtain in Florida is $1 million. Moreover, a claimant may be permitted to seek up to $1 million should the court determine that a clear injustice has occurred resulting in catastrophic injuries. In such circumstances, the total amount of non-economic damages a claimant can pursue against malpractice committed by a non-practitioner in Florida is $1.5 million.

Our dedicated Medical Malpractice Lawsuit Lawyers in Florida aggressively pursue the most amount of compensation permittable by law. Call us 24/7 at 954-752-1110 for your free case review and consultation.  Nosotros hablamos español.

Contact Our Experienced Florida Medical Malpractice Lawyers Today for Your Free Consultation

Fuentes & Berrio represents victims of negligence throughout the State of Florida. Our legal professionals are ready to meet you at any other place in Palm Beach County and Broward County, and especially the cities of Deerfield Beach, Lake Worth, Pompano, Hillsboro, and Highland Beach to answer your injury claim questions.

Fuentes & Berrio is ready to help medical malpractice and accident victims receive the monetary compensation that they deserve for their claims. Call us 24/7 at 954-752-1110 for your free case review and consultation.   Nosotros hablamos español.