Learn How Our Palm Beach Gardens Medical Malpractice Lawyers Get Results
If you or someone you love is living with the reality of a medical injury, it’s important to remember you aren’t alone. There isn’t a blueprint for how you respond to these challenges, but our compassionate legal professionals are available to walk this path with you. Doctors and medical professionals aren’t perfect, and when they make careless mistakes, a Palm Beach Gardens medical malpractice lawyer can hold them accountable.
Our firm knows firsthand what these errors can mean for you or your family. We’re dedicated to getting results on behalf of our clients, and we have the track record to prove it. Managing attorney Ryan Fogg recently recovered more than $20,000,000 in a Florida malpractice case after discovering that a child’s brain injury was due to negligent care.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, hospital, or healthcare provider fails to follow the accepted standard of care, resulting in injury or death. Not every medical mistake qualifies as malpractice, but when negligence leads to harm, victims have the right to pursue legal action.
To prove a medical malpractice claim in Florida, a plaintiff must establish:
- A doctor-patient relationship existed.
- The healthcare provider breached the standard of care.
- This breach directly caused injury or death.
- The patient suffered damages.
Our firm aggressively investigates medical malpractice cases, working with top medical experts to identify negligence and build a compelling case.
Major Types of Medical Malpractice
The unfortunate reality is that Palm Beach Gardens residents have faced countless types of medical mistakes over the years. Even a moment of carelessness from a doctor or a nurse could be enough to cause life-altering injuries. Of course, certain types of malpractice are more common than others. Our medical malpractice lawyers are prepared to help you with the following:
1. Surgical Errors
Surgical mistakes can have catastrophic consequences, leading to severe injuries, organ damage, or wrongful death. Some of the most common surgical errors include:
- Wrong-site surgery – Operating on the wrong body part
- Unnecessary surgery – Performing procedures that were not medically required
- Leaving surgical instruments inside the patient – Sponges, clamps, and tools left behind can lead to severe infections
- Damage to organs, nerves, or arteries – Errors that cause internal bleeding, paralysis, or loss of function
- Post-surgical infections – Failure to follow proper sterilization procedures, leading to life-threatening infections
2. Birth Injuries
When doctors and nurses fail to properly monitor, diagnose, or react during labor and delivery, serious birth injuries can occur, including:
- Cerebral palsy – Caused by oxygen deprivation or head trauma during birth
- Brachial plexus injuries (Erb’s palsy) – Nerve damage from improper use of forceps or vacuum extraction
- Hypoxic-Ischemic Encephalopathy (HIE) – A brain injury due to prolonged oxygen deprivation
- Fractures or skull injuries – From excessive force during delivery
A birth injury can impact a child for a lifetime, leading to significant medical expenses and long-term care needs. Our firm fights to secure compensation for families affected by preventable birth injuries.
3. Emergency Room Errors
Emergency rooms are high-pressure environments, but that does not excuse negligence. Common ER malpractice claims involve:
- Failure to diagnose a serious condition (heart attack, stroke, internal bleeding)
- Administering the wrong treatment or medication
- Misreading X-rays, CT scans, or lab results
- Discharging a patient too soon, leading to worsened conditions
4. Anesthesia Errors
Mistakes during anesthesia administration can cause severe complications, brain damage, or death. Errors include:
- Administering too much or too little anesthesia
- Failure to monitor oxygen levels during surgery
- Allergic reactions due to improper patient screening
5. Misdiagnosis & Delayed Diagnosis
Failing to properly diagnose a serious condition can lead to devastating consequences. Some of the most common misdiagnosed conditions include:
- Cancer – Delayed diagnosis can reduce treatment effectiveness and survival rates
- Heart attacks – Symptoms are sometimes mistaken for indigestion or anxiety
- Strokes – Delayed treatment can lead to paralysis or permanent brain damage
6. Wrongful Death Due to Medical Negligence
Medical malpractice is one of the leading causes of wrongful death in the United States. Families who lose a loved one due to hospital negligence, surgical mistakes, or physician errors may be eligible to file a wrongful death claim.
The Difference Between Private vs. Sovereign-Owned Medical Facilities
There is no question that medical malpractice cases are complicated. In addition to the medical issues in play, most people don’t realize that these cases can vary dramatically depending on who owns the facility in question. Our attorneys have dedicated their practice to holding negligent care providers accountable, and we can answer your questions about the two types of medical facilities in Florida:
Sovereign-Owned (Government) Facilities
- This includes public hospitals, VA medical centers, and state-owned medical clinics.
- These facilities are protected by sovereign immunity, meaning lawsuits have strict limitations on damages.
- Under Florida law (Florida Statutes § 768.28), the maximum compensation is $200,000 per person and $300,000 per incident, regardless of actual losses.
Privately Owned Hospitals & Clinics
- These facilities are operated by private entities and do not have sovereign immunity.
- They can be sued for full damages, including pain and suffering, medical expenses, and lost wages.
Your potential recovery might be greater if you were injured in a privately-owned facility, but you should never assume your path to compensation is blocked if your injuries are the result of negligence at a sovereign-owned hospital. Our attorneys can help you determine whether these limits apply to your case.
How Much Time Do I Have to File Suit?
Even if you have a clear-cut claim for compensation, it’s vital to understand that your window for pursuing a legal claim won’t be open forever. Like all states, Florida applies a strict deadline to filing medical malpractice claims known as the statute of limitations. If you wait too long to file suit, the court could bar you from ever recovering the damages you need. That’s why it is so important to speak with an attorney as soon as possible.
In general, you have two years from the date your injury was discovered to file suit. In wrongful death actions, this two-year period starts counting down on the day the person passes away. However, there is a four-year hard limit on filing these lawsuits, known as the statute of repose, that you should be aware of. Under this statute, your lawsuit must be filed within four years of the malpractice occurring, no matter when you discovered your injury.
Florida Medical Malpractice Statute of Limitations
Florida law imposes strict deadlines for filing a medical malpractice lawsuit:
- General Malpractice Claims: 2 years from the date the injury was discovered (Florida Statutes § 95.11(4)(b)).
- Wrongful Death Claims: 2 years from the date of death.
- Statute of Repose: No claim can be filed more than 4 years after the malpractice occurred, regardless of when the injury was discovered.
- Minors: If the victim is a child, the statute of limitations may be extended until their eighth birthday.
To make things more confusing, there are different rules when it comes to minors. The good news is that our attorneys can handle every aspect of your claim, including identifying when your time to file suit runs out. Failing to file within these deadlines could result in losing your right to pursue compensation.
Damages in a Medical Malpractice Case
If a healthcare provider’s negligence causes an injury, you may recover compensation for the financial and personal harm you suffered. Living with the consequences of a medical mistake can be overwhelming, especially if you are unable to work or care for your own basic needs. Our attorneys can help you seek a measure of justice while also pursuing the compensation you need moving forward.
Medical Expenses
Medical expenses often make up a large portion of a medical malpractice claim. You may recover the cost of hospital stays, surgeries, medications, rehabilitation, medical equipment, and other treatment related to the injury. You may also seek compensation for the reasonable cost of future medical care if the malpractice caused a permanent condition or ongoing health problems.
Lost Income
If your injury prevents you from working, you may recover the wages you lost while receiving treatment. If the malpractice leaves you with permanent disabilities that affect your ability to earn a living, you may also have a claim for damages based on your reduced future earnings.
Pain and Suffering
Medical malpractice can cause lasting physical pain, emotional distress, anxiety, and a reduced quality of life. Florida law allows injured patients to pursue compensation for these non-economic losses. The amount depends on the severity of the injury, whether it is permanent, and how it affects your ability to enjoy everyday activities and maintain personal relationships.
Wrongful Death Damages
If medical malpractice causes a patient’s death, surviving family members may have the right to recover damages under Florida’s Wrongful Death Act. Depending on the circumstances, compensation may include funeral expenses, lost financial support, loss of companionship, and the value of services the deceased would have provided to the family.
Frequently Asked Questions (FAQs)
1. How do I know if I have a medical malpractice case?
If a doctor, hospital, or medical provider failed to meet the standard of care, and you suffered harm as a result, you may have a valid claim. A lawyer can review medical records and consult experts to determine whether negligence occurred.
2. Can I sue a government hospital for malpractice?
Yes, but sovereign immunity laws limit the amount of compensation you can receive. Additional legal procedures are also required when filing a claim.
3. What damages can I recover in a medical malpractice lawsuit?
Victims may recover damages for medical bills, lost wages, pain and suffering, future care costs, and, in wrongful death cases, funeral expenses and loss of companionship.
4. How long do malpractice cases take?
The timeline varies based on the complexity of the case, but most malpractice lawsuits take one to three years to resolve.
5. What does it cost to hire a medical malpractice attorney?
Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered due to medical malpractice, our firm is ready to fight for the justice you deserve. When the stakes are this high, you deserve the guidance of an attorney who has focused their legal practice on counseling the victims of medical mistakes. Call us at 1-561-616-3000 or contact us online for a free consultation with a Palm Beach Gardens medical malpractice lawyer.