Medical Malpractice Attorney Miami Florida

Eligibility for a Medical Malpractice Lawsuit

Even if you have experienced a poor medical outcome qualifies for a medical malpractice lawsuit, it does not automatically mean you have a claim. To bring a successful case forward, here are the elements your case must have:

• A doctor-patient relationship. You must have a formal relationship with the healthcare provider. This means the doctor, hospital, or clinic must have been responsible for your care. Generally, a medical malpractice lawyer in Miami can prove this if you had an appointment with a medical professional, went to an ER for care, or were in a hospital, nursing home, or assisted living facility.
• A deviation from standard care. This can be the most challenging thing to prove. You must be able to show that what happened to you was not just an honest mistake. You must be able to show that the medical professional deviated from the accepted standard of care in their field. Usually, a lawyer will launch an investigation into what happened and will work with medical experts to establish what a reasonable standard of care should have looked like in your case.
• Injury. The deviation from care must have resulted in physical, emotional, or financial injury.
• Causation. You need to be able to prove that medical malpractice directly caused the injury.

Often, it’s challenging to know if you have a case. Healthcare professionals and medical facilities such as hospitals will not admit fault or wrongdoing.

If you think you might have a case, consult with an experienced medical malpractice attorney who can tell you what options you may have.

Common Types of Medical Malpractice

Situations that can lead to a medical malpractice claim include the following:

• Misdiagnosis or delayed diagnosis. Failing to correctly diagnose a condition can result in delayed or inappropriate treatment, causing the patient’s condition to worsen. In cases where serious conditions like cancer are diagnosed too late, a patient’s chance of survival may be much lower and they may need more intensive medical care, which can come with more side effects.
• Surgical errors. During surgery, every healthcare professional involved is expected to use a checklist and to follow strict procedures. Despite this, incidents such as operating on the wrong body part, leaving surgical instruments inside the patient, or incorrectly administering anaesthesia do happen. These are sometimes called “never” events, meaning they are considered preventable and should never occur.
• Medication errors. These errors can include prescribing the wrong drug, providing the wrong dosage, or failing to notice or discuss harmful drug interactions. These cases can be quite complex, since the party at fault can be a prescribing doctor, pharmacist, nurse administering the medication, or other parties. In some cases, it is even the pharmaceutical company that created the drug that is at fault.
• Birth injuries. Medical mistakes during childbirth, such as improper use of forceps or failure to respond to fetal distress, can cause lifelong harm to the baby or mother.
• Inadequate monitoring. Healthcare providers must closely monitor patients during medical treatment and especially after surgery. Failure to do so can result in preventable complications, since healthcare providers may not respond in time to any unexpected reactions.

It is important to note that medical malpractice cases do not just involve doctors. Anyone in the healthcare field who may have been negligent can be held accountable for the injuries they have caused you. If you have suffered injuries because of a specialist, surgeon, medical test, medication, medical device, dentist, orthodontist, contact a personal injury attorney with experience with medical malpractice cases.

The Role of a Medical Malpractice Attorney & How We Help

If you have had a negative medical outcome, it can be hard to get answers and compensation. Medical care providers pay a lot of money for liability insurance and there have been instances where medical facilities have attempted to hide wrongdoing and protect healthcare providers who failed to provide quality care. In addition, medical providers are insured by large insurance companies, who have a financial incentive to minimize and deny claims.

The reality is that without a medical malpractice lawyer in Miami it can be hard to secure your medical records, get answers about what happened, or get compensation. An experienced attorney can help. They can secure medical records and other evidence, determining the root cause of the injury. Your attorney works for you, in your best interests, and works to get you fair compensation for your losses.

Additionally, an attorney can handle all aspects of the legal process, from filing your claim to negotiating with insurance companies and, if necessary, representing you in court. This way, you can focus on yourself and your needs, without worrying about the stress of the legal process.

Damages and Compensation in Medical Malpractice Cases

Medical malpractice victims often face long-term consequences, which is why securing the right compensation is essential. The reality is that your experience may end up costing you more than you expect, and getting fair recovery now reduces the chance that you will run out of resources later. In Florida, victims of medical malpractice can pursue a variety of damages, including:

• Compensation for past, present, and expected future medical costs related to the injury caused by malpractice.
• Compensation for lost income during your recovery period and for lost earning capacity in the future.
• Compensation for the mental and physical anguish caused by the injury.
• Compensation may be awarded for the loss of companionship, intimacy, and support, in situations where a patient’s relationship with their partner is affected by the injury.
• Punitive damages, in situations where the healthcare provider’s actions were particularly egregious.
• Compensation for losses related to the death of a patient, if the malpractice led to a fatality.

The settlement amount for a medical malpractice lawsuit in Florida can vary widely depending on several factors, including the severity of the injury, the impact on the victim’s life, and the strength of the evidence in the case. While there is no definitive “average” settlement, it’s important to note that medical malpractice claims often result in significant compensation due to the seriousness of the injuries involved.