Medical Malpractice Lawyers Miami

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Due to the demand in the health care industry and the lack of personnel, medical malpractice has become one of the most common occurrences in the medical field. Medical malpractice also involves the negligence executed by medical professionals either by act or omission. These matters are not to be taken lightly, as negligence from a health care provider can lead to illness, injury or even death. Medical malpractice lawyers Miami can help you find the asnwers you need and make the whole process for handling your case easier.

What is Medical Malpractice?

Medical malpractice is the act or negligence of medical or health care providers. These acts are characterized by falling short of standard or protocol guidelines. These malpractices can range through a variety of different acts such as failure to diagnose, failure to present important knowledge or risk information, and providing improper treatment or not providing enough treatment.

As small as these things may sound, a doctor who fails to let his patient know about certain side effects a drug can cause can be enough means for an injury to happen if the individual chose to drive or drink alcohol. Medical malpractice is highly regulated by a complex set of rules and regulations which can vary from state to state, which means that the help and assistance of a Miami injury lawyer will definitely be needed.

Using the Representation of Medical Malpractice Lawyers Miami

If a medical malpractice situation has taken place, it is pivotal that individuals seek the help and assistance of a experienced Miami injury lawyer. Medical malpractice and negligence is very complicated to understand and hospitals have a team of attorneys ready to defend them if a lawsuit ever made its way to their attention. Without the legal assistance of a medical malpractice attorney or defense team, it is very likely that you will lose your stance in court against a hospital or a private physician. No one deserves to be injured or ill because of the negligence of a trained professional.

Although in Miami we have large and advanced hospitals, there is not sufficient medical staff to cover the amount of patients that come into these medical facilites everyday. This may cause chaos and the staff can easily get confused with choosing and administering the right medications due in part to the large amount of patients they have to attend and diverse diagnosis. Although nobody wishes that this would take place, medical malpractice is very common and it is extremely important that individuals who have experienced such service receive legal help from an experienced Miami injury lawyer. Medical malpractice laws can range from state to state. This is why you should hire an attorney familiar with the local laws and regulations required to win your case.

Different types of Medical Malpractice Cases in Miami

Medical malpractice is not characterized by one set of actions. There are many different acts and services that can count as medical malpractice. Below, you will find a series of different malpractice issues found in hospitals all around the nation, each of which can be categorized as stances for a medical malpractice case.

  • Surgical errors in Hospitals: Providing unnecessary surgery or performing surgery while causing more damage to the original surgical site.
  • Ob-gyn errors: This can involve the misdiagnosis or mistreatment of an illness or infection, causing infertility or thoughts of being infertile, when in reality this is not the case.
  • Pharmaceutical Malpractice: Providing controlled medications to patients without reviewing their medical history, causing illness or fatality.
  • Failure to diagnose or misdiagnosis: Providing too much or too little service to a specific illness, perhaps involving controlled substances that can cause more harm to the individual.
  • Nursing home neglect: Nursing home neglect can result in the death of an older individual by failing to provide attention or care to their everyday needs and health requirements such as medications.
  • Anesthesia Malpractice cases: This can range from providing a patient with too much or too little anesthesia as well as failure to recognize whether or not a patient can tolerate the anesthesia itself.
  • Emergency room malpractice: These kinds of malpractice issues can involve the failure to give urgency to an emergency situation or to fail to provide the necessary emergency service required to keep the patient safe and healthy.
  • Birth injuries: Birth injuries can include the pulling on the child too sternly, causing temporary or permanent injury along with negligence to the child if any medical assistance is required.

Understanding Medical Malpractice Lawsuits

Medical malpractice lawsuits can range in severity and in urgency. In some cases, medical malpractice can result in temporary effects such as pain, illness or injury while in other cases, medical malpractice can result in permanent damages such as life long illnesses, organ dysfunction or permanent injury to the body. In order to file for medical malpractice, individuals must prove that the symptoms and effects that they are experiencing are indeed from a service provided to them by a medical or health care professional.

Filing a Medical Malpractice suit

In order for a medical malpractice claim to take place, individuals must visit another medical or health care professional who will thoroughly observe and review the patient’s entire case and claims along with their standing health. This means that any and all cases will be dismissed unless a health care professional creates an affidavit stating that such service was the cause of the patient’s physical state. Before you get to this point however, there are several steps you will need to take before obtaining a settlement.

Important Rules and Requirements in Medical Malpractice Claims

When presenting medical malpractice claims, it is important to understand that there are several steps and requirements that must be fulfilled before making it to court. While the majority of health care providers claim that they exercise the highest quality care standards, there are times where things take a turn for the worst. The first step to a malpractice claim is contacting the medical professional that was involved with the negligence or the malpractice. This is done in order for you to understand what or why things went wrong. Once you have done this, contact the licensing board that governs all medical licenses in order for a warning or a disciplinary act to be taken against the provider. As mentioned before, another health care provider must testify that your case is legitimate and does have merit. While you can take these kinds of practice cases to trial, there are always out-of-court settlements to your advantage. This is when the hospital or provider grants you money or compensation for the damages caused to you.

Average medical malpractice settlement

It’s very difficult to provide an average dollar value for settlement agreements in medical malpractice cases. However, there are some important things to consider such as the severity of the injury caused by the malpractice, the additional medical care required, the length of time during which any complications persist, the degree of the impact, and the presence of permanent disability. Something else to consider is the issue of fault, whether or not the malpractice actually happened.

According to some studies done by the New England Journal of Medicine and the American Medical Association the average compensation of inpatient medical malpractice is $363,000 whereas healthcare mistakes in outpatient settings is around $290,000.

Medical malpractice statute of limitations in Florida

Each state has limits on how long you should wait to file your medical malpractice lawsuit. In the state of Florida, for example, the statute of limitations is two years from the time the patient found out about the injury. There is an additional limitation in Florida called statute of repose, which states that unless there are critical circumtances, the patient cannot sue for medical malpractice in more than 4 years after the malpractice took place.

Looking for a good medical malpractice law firm

Hiring an experienced Miami injury lawyer from a respectable law firm to represent you in court is crucial in a medical malparactice case. It’s easy for hospitals to get away with a malpractice if you don’t understand the legal matters revolving around your case. Nobody should receive inadequate treatment from a healthcare provider. Having a qualified attorney on your side can be the best decision you ever made.


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Frequently Asked Questions about Medical Malpractice in Miami

Do most malpractice cases go to trial?
Can I lose my case to contributory negligence? What does that term mean?
What exactly does subrogation mean?
Should I settle my case outside of court?
Why do other doctors need to testify that I was injured due to malpractice?
Can I file for malpractice on someone other than a doctor?
Can my case be reopened once it has been settled?
When should I settle my cases?