BOCA RATON MEDICAL MALPRACTICE Lawyers
Experienced Medical Malpractice Attorneys
At Lesser, Landy, Smith & Siegel, ourmedical malpractice lawyers have the skills and tenacity needed to hold negligent medical professionals and healthcare providers accountable. If you or your loved one was a victim of medical malpractice, we are here to help. To set up a free, no obligation review of your medical negligence claim, please contact our law firm right away.
An Overview of Medical Malpractice
When you seek medical treatment from a doctor or hospital, you have every right to expect that you will receive high-quality and attentive care. Sadly, in far too many cases, medical professionals and healthcare providers fail to live up to their most basic duties under the law. When a patient receives substandard care and they suffer physical harm as a result, they have the legal right to hold the responsible doctor or hospital liable through a medical malpractice claim. Medical malpractice comes in many different forms. Some of the most common examples of medical malpractice in South Florida include:
- Failure to diagnose;
- Doctor misdiagnosis;
- Surgical errors;
- Anesthesiologist errors;
- Emergency room errors;
- Prescription drug injuries;
- Birth injuries; and
- Other harmful medical mistakes.
To be clear, Florida law does not expect perfection from doctors, nurses, and other medical professionals. A patient cannot hold a medical provider liable simply because they did not get better. To prevail in a medical malpractice lawsuit in Florida, a patient must prove that they received worse care than the ordinary medical professional would have provided under similar circumstances.
Medical malpractice claims are complex, highly fact-specific cases. Each medical malpractice claim requires a comprehensive investigation by an experienced professional. Our Boca Raton, FL medical malpractice lawyers are prepared to investigate your claim and help you put together the evidence needed to prove liability.
What to Do if You Suspect Medical Malpractice
If something feels off after a procedure, surgery, or diagnosis, trust that instinct. You do not need proof right away to take steps that protect your health and your potential claim.
- Start by requesting copies of your medical records. Hospitals have to provide them and having them early helps your attorney spot possible red flags, especially if medical records later go missing or are revised.
- Create a simple timeline of what happened, including dates of treatment, what the medical provider told you, and any complications that followed.
- Avoid discussing concerns with the provider. Confronting the doctor, nurse, or administrator directly can result in vague explanations or even changes to the medical records. Let your attorney handle that communication when the time comes.
- It is also best to avoid posting about the issue online or messaging questions through the hospital’s patient portal. Communications like these may be discoverable, and the other side can use them against you in the future.
Even if you are unsure whether malpractice occurred, take action early to preserve evidence and give yourself options. Waiting too long can limit what an attorney can uncover.
How Florida’s Pre-Suit Requirements Affect Your Timeline
Medical malpractice claims in Florida follow a different path than most other personal injury cases.
Pre-Suit Investigation
Before you can file a lawsuit, the state requires a detailed pre-suit process that includes notifying the provider and submitting an affidavit from a qualified medical expert.
The law then gives defendants 90 days to investigate after receiving notice. Until this window closes, you cannot file a formal lawsuit, which can push the timeline out by months, even before litigation begins.
Pre-Suit Affidavit
The affidavit requirement also adds time. Attorneys need to review medical records, consult a physician in the same specialty, and confirm that there is a valid basis for the claim. Without this certification, a court will likely dismiss the case early.
If you are considering a malpractice claim, it is smart to speak with an experienced medical malpractice lawyer well before the statute of limitations runs out. The two-year deadline can arrive faster than expected once you factor in the pre-suit requirements.
What Happens if the Court Denies or Dismisses the Case?
Some medical malpractice cases don’t proceed to a lawsuit simply because the law does not support a claim based on the available facts. The court can also dismiss the medical malpractice claim at the first stage if the claimant fails to obtain the required pre-suit affidavit.
A dismissal may also happen after the claimant files a lawsuit. In many cases, this is because the claimant missed a deadline, the expert affidavit did not meet Florida’s statutory requirements, or the court did not find a clear link between the treatment and the outcome.
If your case is denied or dismissed, a good attorney will explain where the claim fell short and what, if anything, could be done differently. Some dismissals are final. Others allow for an appeal or refiling, especially if new facts come to light.
Who Pays in a Medical Malpractice Case, and Who Doesn't
Some may hesitate to file a medical malpractice claim because they do not want to ruin the healthcare provider’s career. But in almost every case, it is their malpractice insurance carrier that pays for settlements or judgments, not the provider personally.
Hospitals carry liability coverage for nurses, staff doctors, and support personnel. Independent specialists typically have their own policies, though coverage limits can vary. In rare cases where a provider lacks malpractice insurance, the claimant’s attorney may investigate the provider’s assets to determine if recovery is possible.
Florida law generally does not permit punitive damages in most malpractice cases, and courts base awards on documented financial losses directly linked to the malpractice. That keeps the process focused on accountability and compensation, not punishment.
How Compensation Works in Cases Involving Long-Term Harm
When medical malpractice results in permanent damage, victims require compensation that covers expenses such as in-home care, rehabilitation, or time away from work that lasts for months or longer.
In Boca Raton, many malpractice cases involve older adults. A serious injury for a senior might mean losing the ability to live independently. That brings new expenses, such as assisted living, medical equipment, or help with managing basic needs.
Younger patients may face years of lost income or require lifelong support, so in pursuing compensation, a structured settlement may be more advantageous than a single lump sum payment. That depends on the person’s age, recovery, and future costs.
A skilled Boca Raton medical malpractice attorney will examine the full picture. That includes compensation for the claimant’s current damages, as well as their future needs. If the claim does not account for these damages, the insurance company’s settlement offer will not account for them either.
Special Considerations in Malpractice Cases Involving Children or Elders
When the claimant is a child or an older adult, the timelines and proof challenges aren’t always the same as in other medical malpractice cases.
For Minors
With minors, the law allows more time to file, depending on the child’s age and when the injury was discovered. But delays still carry risk:
- Pediatric specialists often rotate through hospitals
- Nurses and staff may leave or be hard to track down
- Records can become incomplete or lost over time
Waiting too long can make it difficult to reconstruct what happened and who was responsible.
For Older Adults
Cases involving elderly patients present a different set of obstacles:
- Providers may blame preexisting conditions instead of acknowledging avoidable harm
- Injuries like pressure ulcers, medication errors, or treatment delays may be dismissed as normal aging
- A complex medical history can make it easier for insurers to shift blame
Evidence has to be strong enough to cut through those assumptions and show that malpractice—not age—was the cause of harm.
Why Delaying a Malpractice Review Can Cost You
After a bad outcome, some patients hesitate to call a lawyer. They may not be sure a mistake occurred, or they assume nothing can be done because they signed a waiver or didn’t raise concerns at the time. Others simply don’t want conflict with a doctor they trusted.
But waiting can make the case harder to prove. Medical records may be incomplete or altered. Witnesses leave. And Florida’s statute of limitations continues to run—even if you’re still receiving care.
You don’t need certainty before contacting a Boca Raton medical malpractice attorney. You just need a reason to ask questions and a legal team that knows how to find answers.
The Benefit of Local Familiarity in Medical Malpractice Cases
Boca Raton has a dense network of hospitals, surgical centers, and private clinics. Many are part of large healthcare systems, such as Baptist Health and Tenet. That means your care might come from providers who do not technically work for the hospital. It also means that different systems or third-party contractors may be managing your medical records.
For example, patients treated at Boca Raton Regional Hospital or West Boca Medical Center may receive medical bills from out-of-network specialists they have never met. If one of those providers made a mistake, it takes more than just reviewing hospital paperwork to determine who is responsible.
Our medical malpractice attorneys understand how these systems work on the ground in South Florida. We know how to track down the right provider, request records from separate entities, and challenge attempts to shift blame. That level of familiarity can make the difference between hitting a dead end and building a case that holds the right party accountable.
How Lesser, Landy, Smith & Siegel Builds Winning Medical Malpractice Cases
Successful medical malpractice cases rely on medical records, timelines, and expert analysis. Lesser, Landy, Smith & Siegel engages in this process early to put pressure on insurers and position our clients to recover more than just short-term medical costs.
Our Boca Raton medical malpractice attorneys begin by reviewing every page of the client’s medical file, identifying gaps, inconsistencies, or deviations from the standard of care. We then consult with independent medical experts immediately, not just to meet Florida’s pre-suit requirements, but to understand exactly what went wrong and how it caused the harm.
We also consider damages from a long-term perspective. That includes documenting ongoing treatment, gathering financial records, and accounting for changes in our client’s quality of life. If the medical provider or facility denies fault, our legal team prepares as if the case will go to trial, even if it later settles.
Frequently Asked Questions About Medical Malpractice in Boca Raton
Can I file a malpractice claim if I signed a consent form?
Yes. Consent forms explain risks, but they do not give a provider a free pass to make avoidable mistakes. If a doctor failed to follow accepted standards of care, and that caused you harm, a signed consent form does not block your right to file a claim.
What if I did not notice the problem right away?
Under Florida law, you can file a claim within two years of when you discovered the harm or should have. If the symptoms or consequences did not appear immediately, you may still have enough time to file before the deadline.
Can I sue on behalf of a family member?
In some cases, yes. If your child was injured, or if a loved one is incapacitated or passed away, you may be able to bring a claim as a legal guardian, personal representative, or surviving family member. The exact process depends on the specific situation and the nature of the relationship with the victim.
What happens if the hospital says nothing went wrong?
Hospitals rarely admit to medical malpractice, even when it is evident that a preventable error occurred. A Boca Raton medical malpractice lawyer can help you get the whole story, hire an outside medical expert, and determine whether a claim is possible based on what actually occurred, not just what the provider says.
Will filing a claim affect my future care?
Doctors and hospitals do not “blacklist” patients who pursue malpractice claims, but many people choose to get care elsewhere if they have lost trust in the provider or facility. Your attorney can help you make a seamless transition to new providers without jeopardizing your claim.
Do I need to gather evidence before contacting a lawyer?
No. If you suspect something went wrong, a medical malpractice attorney in Boca Raton can begin the investigation for you. That includes requesting medical records, reviewing timelines, and consulting with a medical expert. The most important thing is not waiting until it is too late to act.
How Long Does a Florida Medical Malpractice Case Take?
After the waiting period, some cases settle early, especially if the insurer sees clear evidence of negligence. However, many cases progress into formal litigation, which typically involves discovery, depositions, expert testimony, and possibly mediation or trial. From start to finish, a complex medical malpractice case can take anywhere from 12 to 24 months or longer.
We Will Maximize Your Financial Compensation
When liability is clear, insurance companies adjust their tactics — they will focus on trying to settle your medical malpractice claim for the lowest dollar amount possible. Do not let them get away with offering you less than you rightfully deserve under Florida law. At Lesser, Landy, Smith & Siegel, our aggressive Boca Raton, FL medical malpractice lawyers know how to help clients maximize their financial recovery. You may be eligible to obtain damages for:
- Emergency medical treatment;
- Other medical bills & expenses;
- Physical therapy;
- Mental health counseling;
- Lost wages;
- Pain and suffering;
- Emotional trauma;
- Disfigurement or scarring;
- Permanent physical impairment;
- Loss of quality of life; and
- Wrongful death of a family member.
Get Help From Our Lawyers Today
At Lesser, Landy, Smith & Siegel, our top-rated Boca Raton medical malpractice lawyers are standing by, ready to fight for your rights. If you or your loved one suffered harm as a result of subpar medical care, we will help you get justice. To get a free, no obligation consultation, please do not hesitate to contact our Boca Raton law office by calling 561-367-7799. We serve communities throughout South Florida.
