Medical Malpractice

We entrust doctors, hospitals, and pharmacists with our health, but sometimes they make mistakes. Based in West Palm Beach, the lawyers at Frankl Kominsky are available to represent victims and families afflicted by a health care provider’s careless actions. We are prepared to try to help injured individuals assert their rights against the professionals and facilities responsible for harming them. Our dedicated representation can help you try to hold a health care provider accountable for its error.

Medical mistakes are not uncommon, and sometimes they result in serious injury or death. According to the Journal of Patient Safety, harm may be caused by errors in diagnosis or communication, failing to perform a necessary action, performing the wrong action, carelessly performing the right action, or failing to account for issues in a patient’s lifestyle that should affect his or her treatment.

Florida law requires health care providers to carry a minimum amount of professional liability coverage, but this amount may be insufficient to cover most serious medical injuries. Thus, a malpractice lawsuit can provide a way for a victim to receive the appropriate level of compensation for harm that arose from a medical mistake.

You may be able to hold a doctor, pharmacy, hospital, or other health care provider liable for your injuries if a medical error caused them. These malpractice cases are based on negligence. When you bring this type of lawsuit, you must prove that the physician or provider in your case:

• Owed you a duty of care;
• Failed to exercise the appropriate care;
• Caused you harm as a result of that failure; and
• Caused you to incur damages because of the harm.

The standard of care for medical negligence in Florida is the level of care that a similarly qualified medical professional would consider acceptable under similar circumstances. Expert testimony, as well as the duration of your patient-physician relationship, will help determine the applicable standard of care in your case.

Many medical malpractice claims may involve more than one health care provider. For example, the physician who treated you as well as the hospital may be liable for your injuries. You can pursue a medical malpractice claim against multiple providers. Under Florida law, you can hold each party liable for its percentage of fault and recover damages accordingly.

You may collect damages if you are successful in your medical malpractice lawsuit. Compensation might include reimbursement for your medical bills, lost income, pain and suffering, and any other economic or non-economic damages that may be appropriate in your specific situation. Florida sets strict time limits on medical malpractice claims. You must file your lawsuit within two years from the date of the harm, or two years from the date the harm was discovered or should have been discovered. There are limited exceptions to the statute of limitations, but in general you will not be able to get compensation if you do not follow this rule.

At Frankl Kominsky, we are available to provide West Palm Beach victims of medical mistakes with the representation they may need to try to seek damages for their injuries. Our injury attorneys are diligent negotiators and trial advocates who will try to pursue your claim inside and outside the courtroom. If necessary, we can work with experts and other medical professionals in the field to try to establish your case and aggressively assert your rights. We serve clients in Boca Raton, Lake Worth, and Delray Beach, among other Palm Beach County locations. Call us today at (561) 354-6184 to schedule a free consultation, or you can contact us online. We are fluent in Spanish and Creole.