Report Your Potential Case to a Board Certified Medical Malpractice Attorney
Trust is paramount when it comes to healthcare. When we seek medical attention, we put our well-being in the hands of professionals we believe will provide the best care possible.
However, what happens when those expectations aren’t met?
What if a medical provider’s actions lead to harm rather than healing? When something like this occurs, seeking a medical malpractice attorney becomes essential.
In 2022, medical malpractice lawsuits in Florida saw an average settlement of $314,687, varying from five to seven figures. The settlement sums were determined by factors such as treatment expenses, the amount of negligence, and the extent of long-term financial repercussions.
In 2023, Governor Ron DeSantis signed into law Bill HB 837, a sweeping measure essentially restricting the total amount of damages you can claim on your case. Attorney David J. Zappitell is well-versed in these recent legal changes and can effectively assist you in maximizing your compensation in medical malpractice cases.
Let’s explore the intricate landscape of medical negligence, unraveling its complexities, understanding its implications, and shedding light on the rights and recourse available to patients who find themselves victims of negligence.
What is Medical Malpractice?
According to the National Institutes for Health (NIH), it encompasses a broad range of scenarios, including misdiagnosis, surgical errors, medication mistakes, birth injuries, and more. It occurs when a healthcare provider’s actions deviate from the accepted standards of practice in the medical community, resulting in harm to the patient.
While medical errors are an unfortunate reality of healthcare, not all mistakes rise to the level of malpractice. In order to constitute malpractice, the provider’s actions must demonstrate a departure from the standard of care that a reasonably competent medical professional would adhere to under similar circumstances.
For instance, if a surgeon fails to follow proper surgical protocols during a procedure, leading to a patient suffering an injury or complication that could have been prevented, this may constitute medical negligence.
As an example, there was an older gentleman in Delray Beach who had a heart procedure performed by a highly trained surgeon. The operation appeared to go well, but the patient kept having pains in the chest area. The doctors and surgeon passed it off as temporary symptoms of recovery, but the nagging pain persisted. Finally, a different surgeon ‘opened’ the patient back up and was shocked to find a SPONGE from the first operation still inside the man’s chest cavity. This was obviously a clear sign of medical malpractice! The gentleman hired a Delray Beach medical malpractice lawyer and won a substantial sum for his pain and suffering.
Similarly, if a doctor fails to accurately diagnose a patient’s condition despite clear symptoms and diagnostic tests, resulting in delayed treatment and worsened outcomes, this too may be considered malpractice. Or even this could happen…
Understanding Your Rights
For anyone living in South Florida, knowing your rights empowers you to take action if you or a loved one suffers harm due to negligence. Patients have the right to expect competent and attentive care from medical professionals. When this standard is not met, victims should seek compensation for their injuries, medical expenses, lost wages, and pain and suffering.
| “Medical malpractice isn’t just about legalities; it’s about restoring faith in the healthcare system. Our mission is to ensure patients receive the care and compensation they rightfully deserve.” David J. Zappitell, Founder – Zappitell Law Firm |
The Role of Medical Malpractice Attorneys
Navigating a claim can be complex, requiring a deep understanding of both medical and legal principles. This is where a skilled medical malpractice attorney becomes invaluable. In cities like Delray Beach, Boynton Beach, and Boca Raton, residents can turn to experienced firms like Zappitell Law Firm for expert guidance.
Your attorney should play several critical roles in the legal process:
Case Evaluation
The first step in pursuing a claim is determining whether you have a viable case. Attorneys with experience in this field of law will carefully review the details of your situation, including medical records, expert opinions, and other evidence, to assess the strength of your claim.
Legal Advocacy
Once it’s established that you have grounds for a malpractice claim, your attorney will serve as your advocate throughout the legal process. They will communicate with the opposing party, negotiate settlements, and, if necessary, litigate your case in court. Having a skilled attorney by your side ensures that your rights are protected and you have the best chance of securing fair compensation for your injuries.
Access to Medical Experts
Proving negligence often requires testimony from qualified medical experts who can attest to the standard of care and whether it was breached in your case. A reputable medical malpractice attorney will have access to a network of respected medical professionals who can provide expert opinions to support your claim.
Resources and Support
Cases like this can be lengthy and complex, requiring significant time and resources to pursue successfully. A reputable law firm like Zappitell Law has the resources and support staff necessary to handle all aspects of your case, allowing you to focus on your recovery while they handle the legal complexities on your behalf.
The Legal Process
If you believe you’ve been a victim of medical negligence, intentional or otherwise, the first step is to consult a qualified attorney. They will evaluate the merits of your case and advise you on the best course of action. In Florida, these claims must adhere to specific procedural requirements, including providing notice to the healthcare provider before filing a lawsuit. Throughout the legal process, your attorney will negotiate with the opposing party, gather evidence, and, if necessary, litigate your case in court.
“In the pursuit of justice for medical negligence victims, we leave no stone unturned. With dedication, expertise, and unwavering determination, we fight tirelessly to ensure that our clients receive the compensation and closure they deserve.” -David J. Zappitell, Founder – Zappitell Law Firm |
Local Hospitals and Medical Centers
In Delray Beach, Boynton Beach, and Boca Raton, residents have access to reputable medical facilities, including Bethesda Hospital East and West, Delray Medical Center, and Baptist Health. While these institutions strive to provide quality care, instances of medical negligence can still occur. It’s essential for patients to be vigilant about their healthcare and to seek legal guidance if they suspect negligence.
Case Study: Zappitell Law Firm
When it comes to representing victims in South Florida, Zappitell Law Firm stands out for its commitment to excellence and client advocacy. Located in Delray Beach’s Pineapple Grove Arts District, they combine the personalized attention of a boutique firm with the resources and experience typically associated with larger firms.
David J. Zappitell, Founder of Zappitell Law Firm, emphasizes the firm’s dedication to serving clients in Boca Raton, Boynton Beach, and beyond. He states, “At Zappitell Law, we understand the devastating impact medical malpractice can have on individuals and families. We’re here to provide compassionate support and fierce advocacy for our clients during their time of need.”
One notable case where Zappitell Law Firm achieved a significant outcome for their client involved a wrongful death due to medical negligence. In this case, the firm secured a total recovery of $2,750,000 for the family, providing them with the financial compensation they deserved for their loss.
Conclusion
Medical malpractice is a serious issue that can have life-altering consequences for patients and their families. With the guidance of skilled attorneys like those at Zappitell Law Firm, you can pursue justice and hold negligent healthcare providers accountable for their actions. Don’t hesitate to seek legal advice if you believe you’ve been a victim of medical negligence– your future may depend on it.
To contact the premier Delray Beach medical malpractice attorney, click here or call us at 561-330-6330 for a FREE consultation.