Not every medical mistake is considered malpractice. However, when an error leads to serious harm, it’s important to understand where the line between accident and negligence lies. To do this, it’s essential to look for the signs of negligence.
To win a medical malpractice case in the Delray Beach, Boca Raton area, certain key elements must be clearly proven in court. Knowing these requirements will help you, as a victim, determine whether your experience may qualify as malpractice.
If you believe this has happened to you, don’t let it go unreported. A local personal injury law firm, such as Zappitell Law Firm, with special expertise in ‘med mal’ can help you understand your rights and pursue justice.
Understanding What Medical Malpractice Means
Medical malpractice occurs when a healthcare professional’s actions fall below the accepted standard of care, resulting in harm to a patient.
According to David Zappitell, a Florida board-certified civil litigator, “A very small fraction of harmed patients ultimately end up as malpractice claims, and an even smaller fraction lead to payouts or trial verdicts.”
To prove medical malpractice, four key elements must be established:
- A duty of care existed between the patient and the healthcare provider.
- The provider breached that duty.
- The breach caused the patient’s injury.
- The patient suffered damage as a result.
Let’s explore what each element means in detail.
1. Establishing a Duty of Care
The first step in a medical malpractice case is proving that a duty of care existed. This means there was a formal doctor–patient relationship. For instance, if you visited a specialist at Delray Medical Center or a private health clinic near Atlantic Avenue, that doctor owed you a legal obligation to provide competent care under professional standards.
This duty is not based on a single statute but has been shaped over time through Florida case law. Essentially, once a doctor agrees to treat a patient, they are bound by the medical community’s national standard of care.
2. Proving a Breach of Duty
Next, it must be shown that the provider breached this duty. A breach happens when the care provided falls below the accepted medical standard.
For example, if a surgeon at a Delray Beach surgical center leaves a sponge inside a patient after an operation, that clearly violates the standard of care. But sometimes, breaches are more subtle -like failing to diagnose a condition that another competent doctor would have caught.
To prove this, expert testimony is usually required. A qualified medical expert compares what the defendant did to what a reasonable professional would have done under similar circumstances.
As medical malpractice attorney David Zappitell explains, “There’s a national level of standard for care for doctors, and if it’s below that and causes injury to a patient, that gives rise to a medical malpractice claim.”
3. Connecting the Breach to the Injury (Causation)
Even if a doctor made a mistake, patients must prove that the mistake directly caused their injury. This is often the most contested part of a medical malpractice case.
For instance, if a patient in Delray Beach had an existing heart condition and later suffered a heart attack, they must show that the provider’s negligence (not the pre-existing condition) caused the harm. If the injury had occurred regardless of the doctor’s actions, the case may not hold.
Causation must be supported by clear medical evidence and expert opinions. This is where having an experienced legal team like Zappitell Law Firm makes a difference. Our attorneys understand how to gather expert testimony and medical records to link negligence directly to injury.
4. Demonstrating Damages
Finally, the patient must prove that real damages occurred. This includes physical pain, emotional suffering, lost wages, or future medical costs.
For example, a missed diagnosis that leads to long-term disability can result in significant financial and emotional hardship. Patients in this situation may face mounting bills for ongoing treatment or rehabilitation at local facilities.
Palm Beach County Courts will only award compensation when these damages are well-documented and directly tied to the medical provider’s negligence.
Why Many Malpractice Cases Never Go to Trial
Although it sounds straightforward, most claims are complex and time-consuming.
Only a small percentage of harmed patients file claims, and even fewer reach a trial verdict.
That’s why it’s critical to have a skilled attorney who understands both the medical and legal aspects of the case. At Zappitell Law Firm, our team combines decades of legal experience with a compassionate approach to every client.
What to Do If You Suspect Medical Malpractice
If you or someone you love suffered an injury after medical treatment, take the following steps:
Get a second opinion from another qualified medical provider.
Document everything, including medical bills, prescriptions, and communications.
Avoid speaking with insurance companies before consulting an attorney.
Contact Zappitell Law Firm for a case review. Tell us all about your situation!
Our legal team can help you understand whether your situation meets the criteria and guide you through your next steps.
Zappitell Law Firm is Here to Support You
Proving medical malpractice claims is challenging, but with the right legal support, justice is possible.
If you believe you were harmed due to a provider’s negligence, click here or give us a call at (561) 330-6330. We are committed to protecting patients’ rights with compassion and expertise.
Q & A: Understanding Medical Malpractice in Delray Beach
Q: How long do I have to file a medical malpractice claim in Florida?
A: Generally, Florida law allows two years from the date you discovered (or should have discovered) the injury. However, special circumstances can extend or shorten this period.
Q: Do I need expert witnesses to file a claim?
A: Yes. Expert testimony is required to establish that a breach of the medical standard of care occurred.
About the Author
David J. Zappitell is a Florida Bar Certified Civil Trial Lawyer and the founder of Zappitell Law Firm in Delray Beach. With decades of experience representing victims of medical malpractice and other personal injury cases, David has been recognized by the National Trial Lawyers: Top 100 for his dedication to justice and client advocacy.
