Medical Malpractice Lawyers - FAQs

in West Palm Beach, Florida

Call Toll Free 1-800-GOLD-LAW

Return to Main

Medical Malpractice - An Overview

Understanding Informed Consent

Liability in Medical Malpractice Cases

Prescription Medications: Things You Should Know

Res Ipsa Loquitur

Frequently Asked Questions about Medical Malpractice

Medical Malpractice Resource Links

Medical Malpractice Contact Form

What is Medical Malpractice?
Medical malpractice is the failure of a healthcare professional (surgeon, nurse, dentist, technician, etc.) to maintain the accepted standard of care. Their negligent behavior injures a patient, who can then hold them liable for that injury.

Do you have a malpractice case if you’re dissatisfied with your surgical outcome?
Not necessarily. Nobody can guarantee a successful outcome of any procedure. To bring a malpractice suit, you must be able to show that negligence occurred, and that your injury or condition resulted from the medical provider’s deviation from the accepted standard of care.

If I think I have a medical malpractice claim, what should I do?
You should schedule a consultation with an experienced medical malpractice lawyer. If you can, get a copy of your medical records to bring with you. Tell the attorney what happened and answer all questions as clearly as you can. Start with your first contact with the doctor (or other medical provider) and continue the narrative until your last contact.

Do this as soon as possible, because there is a time limit for bringing your claim.

What is “informed consent”?
Informed Consent is your written and signed agreement to having a medical procedure, after all its risks, benefits, and alternatives have been clearly explained to you.

My doctor did not tell me my drug prescription was part of an experimental program. Do I have a case?
Yes, you might have a case. The doctor had a duty to give you that information, and you then were entitled to refuse to participate in it. This could be a failure to obtain informed consent.

If I signed the consent form, could I still recover any damages against my doctor?
Yes. The consent form does not absolve the doctor from maintaining the accepted standard of care. If you can show a court that your doctor was negligent, and that this negligence caused you harm, you may be able to recover damages. If the doctor went beyond what you signed for in the consent form, you might even have a case for battery

How does a jury decide whether a doctor was negligent?
They will listen to the expert testimony, both yours and the defendant’s. They’ll compare one to the other, discuss it all, and come to a group decision.

What is a Certificate of Merit?
It is a document you must file before you file your medical malpractice claim. A medical expert will have to study your medical records and certify that your healthcare provider violated accepted medical practices and caused you harm. Your attorney would then file the Certificate as a way of stating that this case has merit and is worth pursuing.

If you are wondering whether you have a valid medical malpractice claim, whatever the exact injury or harm, please call or email us for a free consultation. It is not a determination that a non-lawyer can often make, because the medical details are typically obscure and complicated.

At the Law Offices of Craig Goldenfarb, we have good contacts in the medical world and can use medical experts to examine your records and sign the Certificate of Merit. Then we can start to gather more information and build your case strongly. Our office serves the entire Southern Florida area.

Free Consultation • No Recovery/No Attorney's Fee • Handicapped Accessible

West Palm Beach, Florida, medical malpractice lawyer Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the IKON Building.