Boca Raton, FL Psychiatric Malpractice Attorneys
If you or a loved one was injured by the negligent actions or omissions of your psychiatrist in Boca Raton, FL, we can help. Thanks to our many years of experience, we can assist you and help you understand your rights as a plaintiff in your medical malpractice claim. We know your primary concern should be recovering from your injuries and avoiding a legal matter. However, you don’t have to go through this trying time alone.
Our Boca Raton psychiatric malpractice attorneys can fight aggressively and strategically to get you the compensation you deserve. Don’t let your injuries and losses take over your life. Let our experience, knowledge, and dedication work for you. To learn more about all of our services and how we can assist you, call our law offices today at (561) 935-9243.
Establishing Liability for Psychiatric Malpractice in Boca Raton
Most of the time, dealing with a mental disorder requires assistance from a psychiatrist. You trust that your medical professional is trained and experienced enough to take good care of you and your loved one. Sadly, this is not always the case. Many people have been victims of psychiatrist malpractice over the years. Psychiatric malpractice happens when psychiatrists fail to adhere to the standard of care expected from a medical professional. All healthcare providers – including psychiatrists – are held to high standards of care when taking care of their patients. This is what’s known as the medical standard of care.
The medical standard of care refers to the level of care a reasonable, competent, and skilled medical professional, with a similar background, would have provided under similar circumstances. Your psychiatrists may be liable if they failed to give you a reasonable, competent treatment. Our Boca Raton psychiatric medical malpractice attorneys can help you hold the responsible parties accountable for your injuries.
Can I Sue My Psychiatrist in Boca Raton?
If the negligent actions of your psychiatrist caused you harm, you may file a lawsuit against him or her. There are different circumstances where you can file a claim against your healthcare provider, including the breach of the doctor-patient relationship and improper medication prescriptions.
Breach of the Doctor-Patient Relationship
Psychiatrists must adhere to the ethical principles of their profession. Part of their responsibility includes protecting the doctor-patient relationship. The violation of this professional relationship begins when psychiatrists take their privileged position of power and trust and use it for their benefit. An example of the breach of the doctor-patient relationship is a psychiatrist who takes advantage of a vulnerable patient to engage in sexual misconduct.
Under such circumstances, you may have the right to file a claim against your psychiatrist, even if you consented to the sexual act. Many times, whether you agreed to it or not, this type of behavior may lead to emotional harm, which can be compensated. Our Boca Raton psychiatric malpractice lawyers can help you file your claim.
Mental disorders often require prescribing medication. All medical professionals, including psychiatrists, are required to exercise caution when administering medication to their patients. For instance, your psychiatrist must consider your mental disorder history, previously-prescribed medication, and potential adverse reaction(s) to a specific medication, before prescribing a drug to help treat your condition. Your psychiatrist can be liable for any harm done by wrongfully-prescribed medicine.
Proving Medical Malpractice by a Psychiatrist
Medical malpractice is one of the most complex and nuanced areas of tort law. As such, it can be overwhelming for most individuals who have never been involved in a case of this nature. There is an essential distinction between a poor or unwanted outcome and actual medical malpractice. For instance, not being satisfied with the results of a surgical procedure, no matter how distressing, does not necessarily mean you have a cause of action for medical malpractice. To prove medical malpractice in Florida, you need to establish the following elements:
Duty of Care
Psychiatrists – like all medical professionals – have a duty of care to their patients. As we mentioned before, medical professionals have the obligation to provide reasonable care to all of their patients. This first element in your claim requires you to establish a doctor-patient relationship. You can achieve this by providing evidence such as your medical appointments, medical bills, and your medical record. You can argue that your doctor had a duty to provide you with quality psychiatric attention, following the ethical and professional standards governing his or her profession.
Breach of Duty
The breach of duty happens when your psychiatrists fail to provide you with the medical attention you need. For instance, you can argue that your doctor was unable to diagnose a condition that would have been adequately diagnosed by another psychiatrist with similar experience and knowledge
Causation can be shown by establishing your psychiatrist’s actions or omissions caused your harm. For instance, you can argue that your psychiatrist’s failure to prescribe the correct medication caused you harm.
Recovering compensation in a medical malpractice claim requires you to provide evidence of your losses. You can show the court that you suffered financial losses or sustained injuries, justifying the concession of a remedy.
The Statute of Limitations in Psychiatric Malpractice Cases in Boca Raton, FL
All individuals have a limited time to file their claims in Florida. The “statute of limitations” provides you with a set legal time to file your medical malpractice lawsuit. Under Florida law, all individuals must file their medical malpractice claims within two years of the date on which the harm occurred or should have reasonably been discovered. If you fail to file your claim within the statute of limitations time frame, you may lose your chance of obtaining compensation. Our Boca Raton psychiatric malpractice lawyers can help you file your claim on time so you can fight for the compensation you deserve.
Boca Raton Psychiatric Malpractice Attorney Offering Free Consultations
Dealing with the emotional or physical harm caused by a medical professional can be overwhelming. Getting hurt by those who swore to protect your physical and mental integrity can be frustrating and challenging to digest. Our Boca Raton psychiatric malpractice attorneys know how complicated the recovery process can be for medical malpractice victims. That is why we dedicate all of our effort to hold the liable parties accountable for your losses. Don’t let the negligent actions or omissions of a reckless medical professional take over your life. Let us fight for you while you focus on recovering. To schedule a free, confidential consultation, call Schwechter Law Group today at (561) 935-9243.