Harmed by Medical Negligence?
You’re Not Alone. We’re Ready to Help.
Taking on a medical professional, hospital, or physician in a malpractice case can be difficult—if not nearly impossible. At Clark Fountain, we like those odds.
What Is Needed to Prove Medical Negligence?
Doctors are still human, and the law wants to protect healthcare providers from constant lawsuits and claims from patients. However, when doctors and hospitals make preventable mistakes as a result of taking unnecessary risks or failing to provide care at a reasonable standard, they need to be held legally liable for the medical and financial damage they cause. That’s where Clark Fountain comes in. Prevailing in a medical malpractice case takes documentation, investigation, patience and a dedicated team of professionals that know what to look for in each stage of the “healthcare provider-patient” relationship.
To prove medical negligence, we need to prove four things:
- A provider-patient relationship had been established, which entails a duty of care owed to the patient by the healthcare provider;
- The health care provider breached that duty;
- The patient sustained an injury;
- The injury was a proximate cause by some action or inaction on the part of the healthcare provider.
Florida medical malpractice is a complicated area of law, as tort reforms have led to new restrictions limiting the amounts patients may seek in medical malpractice claims and shielding private teaching hospitals from lawsuits by granting “sovereign immunity protections.” Whether you or a loved one is a victim of medical malpractice, you need an attorney. The pain and suffering from medical malpractice could affect the rest of your life. You deserve experienced representation that will get you the help you need.
How Long Do I Have to File a Medical Malpractice Claim?
Since injuries incurred through medical malpractice are not always discovered right away, the statute of limitations to file a medical malpractice claim works a little differently than other personal injury claims. According to Fla. Stat. Ann. § 95.11, you have two years from the date you sustained your injury or the date you discovered your injury to file a claim with a maximum time period of four years. The statute of limitations is a complex area of medical malpractice law, call our firm today to learn more about how this law may affect your case.
What Damages Can You Recover for Medical Malpractice in Florida?
Victims of medical malpractice are able to pursue all three types of damages available in all other personal injury cases. These damages are, economic damages, non-economic damages, and punitive. Unlike other medical malpractice claims in other states, Florida, has no caps, or limits, on the amount of damages an individual can recover. In the past Florida did have such caps, however, they were ruled unconstitutional in 2017.
Why You Need Clark Fountain
The simple truth is this: medical malpractice cases are lengthy processes, with complicated proofs and long investigations. Very few firms have the resources to stick by you until the end, but Clark Fountain is one of those firms. We have had the privilege of fighting for a family whose baby suffered a severe brain injury due to his care providers. The case took over a decade due to the complicated factors involved, including one defendant going bankrupt. However, in the end, we secured $35 million for the family, allowing them the resources to take care of their child in the way he needed and deserved.
Do You Have a Case?
Let us fight for your rights! We pride ourselves on zealously protecting and representing our clients in their time of need.
Get StartedThat’s the sort of tenacious determination we provide to all our clients. From initial meeting to final appeal, we fight for you and your family to the fullest extent of the law, no matter how long it takes or how complex the trial becomes. Our medical malpractice lawyers in West Palm Beach have the skill and experience to outlast, outsmart, and out-litigate any negligent healthcare provider, no matter how well-prepared or resourced they are. Because we are equally well-equipped, our clients never pay a single fee or expense to us for the whole case—in fact, we don’t receive a fee unless they recover compensation.
Accepting a Broad Range of Malpractice Cases
Clark Fountain has extensive experience in medical malpractice claims including:
- Amputation
- Bedsores
- Birth Injuries
- Brain Injuries
- Cerebral Palsy
- Hospital Falls
- Medical Equipment Failure
- Medication Errors
- Misdiagnosis
- Nursing Errors
- Pain Management
- Paralysis
- Spinal Cord Injuries
- Surgical Errors
- Untreated Newborn Jaundice
- Wrongful Death
Client Testimonial
5 / 5 stars
“Clark, Fountain et.al represented my mom in a medical negligence case after she was injured from a fall that occurred while she was in the hospital. They worked diligently on the case for about a year and my mother was able to reach a settlement without going to trial.”
- Leslie T.
Do not let your voice go unheard—call (561) 922-0258 to speak with our attorneys in a free legal consultation.
