Medical Malpractice Lawyers Serving Coral Gables

Nicknamed "The City Beautiful," Coral Gables is one of Florida's most prominent cities. Popular for its luscious green palm-lined boulevards and beautiful ivy-covered mansions, the Gables is the playground for both the rich and popular.

Amidst all this beauty, there is an evil that lurks in the dark and haunts anyone and everyone. This evil is medical malpractice. These claims have proven to be complex and stressful over the years, but they are essential for ensuring that medical professionals are held accountable when they fail to meet their duty of care.

Medical professionals who provide negligent care put their patients at risk of serious physical, emotional, and financial harm. This is why it is essential for anyone who has been a victim of medical negligence to understand their rights and pursue a claim if necessary.

Medical malpractice claims in Florida can help victims recover compensation for injuries and losses. This can include compensation for past and future medical expenses, pain and suffering, lost wages, and more. By pursuing a medical malpractice claim, victims can hold negligent medical professionals accountable for their actions and ensure that similar mistakes aren't made in the future.

What Are The Basics of Medical Malpractice Law in Coral Gables?

Medical malpractice laws in Florida provide the legal framework that allows injured patients to hold their healthcare providers accountable for negligence. To successfully bring a claim, an injured patient must prove that the medical professional was negligent in providing care and that the negligence resulted in injury or harm.

To understand how medical malpractice law works in Florida, it's important to understand the concept of standard of care. This set of rules dictates how a medical professional should behave when providing care to a patient. Even if unintentional, a breach of this standard of care can result in a medical malpractice claim.

To successfully prove that medical negligence occurred, a patient must demonstrate that the medical professional:

  • Failed to act in accordance with accepted standards of medical practice.
  • Caused harm by making an error.
  • Had a duty of care to the patient.
  • Negligently failed to fulfill their duty of care.

It's important to note that proving medical negligence is no easy task. Medical malpractice cases often involve complex medical issues and require expert testimony to support the claim. For this reason, it is highly recommended that any individual considering filing a medical malpractice claim seek legal representation from an attorney experienced in these cases.

What is Causation in A Medical Malpractice Claim?

Causation is an essential element of any medical malpractice claim. Causation means that the defendant's negligence must be directly linked to the injury or harm you experienced. In other words, the negligent act must have caused harm for you to have a viable medical malpractice claim.

There are two aspects to causation: cause-in-fact and proximate cause. Cause-in-fact is whether the defendant's conduct was the direct cause of your injury. Proximate cause looks at whether the defendant's conduct was the foreseeable result of their negligence. Proving causation can be complex and will likely require expert testimony from medical professionals.

Your lawyer can help you understand the concept of causation relating to your medical malpractice claim and advise you on how best to prove it. They may also be able to present evidence to the court that demonstrates the defendant's negligence caused your injury or harm. Ultimately, you must be able to demonstrate that there is a direct link between the defendant's negligence and your injury to hold them liable.

Should I Sue The Hospital or The Doctor in a Medical Malpractice Claim?

When you have a medical malpractice claim, it is important to understand the difference between suing a hospital and suing a doctor. Both are viable options and can offer different compensation levels depending on your case's circumstances.

When you sue a doctor for medical malpractice, you are directly suing the physician responsible for the harm caused. Your lawyer must prove that the doctor acted negligently or unreasonably and that their actions harmed you. This process is often complex and requires expert testimony.

Suing a hospital for medical malpractice, on the other hand, is a different process. Hospitals can be liable for negligence if they fail to provide adequate medical care or hire incompetent doctors or nurses. Like in all medical malpractice claims, you have to show that the hospital's negligence is responsible for your injury or illness.

When deciding whether to sue a doctor or a hospital for medical malpractice, you should consult an experienced medical malpractice lawyer. Your lawyer will be able to evaluate the facts of your case and advise you on the best course of action. In some cases, pursuing both avenues at once may make sense.

Can I Sue My Doctor for Medical Malpractice for Violating HIPAA Laws?

Medical malpractice is a legal term when a healthcare professional fails to provide proper care and treatment to their patient, resulting in harm or death. This negligence covers everything, including the patient's information and medical data. HIPAA laws protect this privacy.

A doctor violating these laws could be seen as a lack of care for the patient's safety and rights. These violations can range from careless disposal of disposable records, public discussion of the patient's health details, sharing patient data without their consent, and improper documentation storage. Patients can sue their doctor if they feel their HIPAA rights were violated.

To prove that a doctor was negligent in violating HIPAA laws, you must be able to prove that the doctor did not act with reasonable care when handling your confidential medical information. They failed to take the necessary steps to protect your information. You must also demonstrate that you suffered damages due to the violation.

If you believe that your doctor has violated HIPAA laws and you have suffered damages, you may be able to sue for medical malpractice. It is important to consult with an experienced medical malpractice attorney who can evaluate your case and determine if you have a valid claim.

What Are the Benefits of Filing a Medical Malpractice Claim?

Filing a medical malpractice claim can help ensure you receive justice and compensation for the harm you have suffered. The benefits of filing a medical malpractice claim include the following:

  • Access to Justice: By filing a medical malpractice claim, you are ensuring that your rights are protected and that you can seek justice and compensation for the injuries or damages you have sustained.
  • Accountability: Filing a medical malpractice claim holds healthcare providers and other responsible parties accountable for negligence or wrongful acts. It also serves as a deterrent to others in the future, helping to create safer conditions for patients.
  • Financial Compensation: If successful, a medical malpractice claim could result in financial compensation for damages such as medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be awarded if it is found that the defendant acted with malicious intent.
  • Peace of Mind: Filing a medical malpractice claim can help to restore peace of mind by giving victims closure and allowing them to move on with their lives after the trauma of medical negligence.
What Are the Risks of Filing a Medical Malpractice Claim?

Filing a medical malpractice claim can be a difficult and daunting process. While it can provide much-needed financial relief, there are risks associated with filing a claim that must be considered.

The most obvious risk is the potential of losing your case. The whole basis of filing a claim is pointing out your doctor's negligence and accusing them of causing you harm. Once the claim has been made, the accusations have taken a serious turn, and the consequences that touch on the physical, emotional, and financial are now serious.

When doctors or other medical persons are found liable in a malpractice claim face fines, loss of their medical licenses, and other disciplinary action.

While losing your case may seem and feel like the worst-case scenario, there are other risks you need to consider. These risks touch on your reputation as well as your finances. Because medical malpractice claims are complex, they often require extensive legal fees, including lawyer and expert witness fees. These fees can quickly add up and can be costly.

Finally, the risk of emotional distress is associated with filing a medical malpractice claim. As you navigate the legal process, you may find yourself dealing with anger, betrayal, and frustration. It is important to remember to take care of yourself during this process and seek the support of family and friends to help you through it.

The decision to file a medical malpractice claim should not be taken lightly. You should consider all the risks before deciding to proceed with a lawsuit.

Why Do I Need a Lawyer?

When filing a medical malpractice claim, you need an experienced lawyer. Like most claims, a medical malpractice claim is not a straightforward case. It is a complicated legal process that involves a lot of paperwork and knowledge of the law. Without an experienced attorney on your side, you may find yourself facing insurmountable obstacles.

The first thing to remember is that an attorney can help you determine if you have a legitimate medical malpractice case. Like most states in Florida, to prove malpractice, you need to be able to prove negligence.

Once your lawyer has established that you have a legitimate claim, it is now time to start filing your case. However, you are not out of the woods yet. This is the start of a complex process. But your lawyer should help you navigate the legal complexities while protecting your rights.

Your Lawyer will also help you file all necessary paperwork promptly and represent you in court proceedings. Furthermore, they can negotiate with insurance companies on your behalf to make sure you receive the compensation you deserve.

What Happens If I Don't Have Money to Hire a Lawyer?

If you don't have enough money to hire a lawyer for your medical malpractice claim, you may be able to get legal representation from a no-fee lawyer. This type of lawyer works on a contingency fee basis, meaning they do not require any upfront payment or other costs from the client. For this, the attorney will take a percentage of the compensation if the case is successful.

In other instances, you can get no-fee lawyers. These lawyers will provide you with the guidance you need in your case. The guidance will touch on several aspects of the case. These include but are not limited to fact-finding, document filing, witness interviews, and arguing your case in court. They may also help you negotiate with insurance companies and file claims against hospitals or other medical providers.

However, before signing any contract or agreement with a no-fee lawyer, carefully read and understand the contract or agreement terms, including the details in the fine print.

What Is a Contingency Fee?

Sometimes when you are looking to file a claim, you may hesitate to do so because of a lack of money to pay your lawyer. You can still get a lawyer without paying for the services upfront if this happens. This happens by means of a contingency fee payment.

A contingency fee is a payment agreement made between a lawyer and a client in which the lawyer does not receive payment for their services unless the client is awarded compensation. This means that the lawyer's fees are taken from the award if a client is successful in their medical malpractice case.

This fee arrangement is an attractive option for those who cannot pay an hourly or flat fee. Contingency fees are often calculated as a percentage of the final award and can vary significantly depending on the case.

It's important to remember that a contingency fee arrangement means that both the lawyer and the client are invested in achieving a positive result, as the lawyer will not receive any payment if there is no recovery.

What Happens if The Defendant Doesn't Communicate After Being Served?

In the case of no communication from the defendant or their legal representatives, after they have been legally severed, there are several potential consequences they may face as a result. The first is the court will enter a default judgment against them. This means that the court will accept your allegations as true and will award you damages accordingly.

Additionally, if a defendant fails to respond after being served, they may be held in contempt of court. This could result in the defendant being required to pay a fine or even serve time in jail. In extreme cases, the court may decide to freeze the defendant's assets or impose an injunction against them.

Ultimately, it is up to the court's discretion to decide how to handle a situation where the defendant does not respond after being served. In this situation, you must speak with an experienced medical malpractice lawyer who can advise you on how to proceed and ensure your rights are protected.

Can I Sue My Doctor's Estate if They Pass Away Before I Make My Claim?

Unfortunately, it is sometimes necessary to file a medical malpractice claim against a deceased doctor. A medical malpractice claim can still be pursued against the doctor's estate if a doctor has died. However, the process is slightly different from suing an alive individual.

When the defendant (the doctor) passes away, the claim will be brought against their estate, including any assets they owned at the time of their death. The executor of the estate will then manage the medical malpractice claim. In some cases, the executor may accept a settlement in lieu of going to court.

It is important to note that you may have less time to file your claim when a doctor dies before a lawsuit has been filed. It is always best to speak to an experienced attorney as soon as possible after discovering a potential medical malpractice case.

An experienced lawyer can help you evaluate the situation and determine if you have a valid case and how to proceed. They can also advise you on the best way to manage and pursue your case against the estate of a deceased doctor.

Frankl Kominsky Injury Lawyers - Medical Malpractice Lawyers Serving Coral Gables

If you are considering filing a medical malpractice claim in Florida, you must contact experienced medical malpractice lawyers. At Frankl Kominsky Injury Lawyers, our legal team has extensive experience representing families of those who have tragically been hurt due to the negligence of another. We can help you understand your legal rights and what options are available to you.

Our team of attorneys will be by your side throughout the entire process, from the initial investigation and analysis of your case to negotiating a settlement with the responsible parties and their insurance companies.

Our lawyers will work hard to ensure that you receive the compensation you are entitled to for your or your loved one's medical malpractice injuries. We understand the immense emotional toll this type of tragedy can take on family members, and we strive to handle each case with the utmost compassion and understanding.

We believe in obtaining justice for families suffering from medical malpractice and have the knowledge, resources, and determination necessary to pursue all available remedies. Contact us today at (561) 800-8000 for a detailed consultation, and let us provide you with the experienced representation you deserve.

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