Medical Malpractice Lawyers Serving Miami Lakes
Medical malpractice is something you should always be aware of because it affects everyone who seeks medical care. It can happen to anyone, regardless of age or gender, and can have drastic and sometimes deadly consequences.
Medical malpractice is deemed to have occurred when a physician or healthcare provider fails to provide an acceptable level of care—whether through neglect, negligence, errors in diagnosis, or treatment. Unfortunately, medical malpractice cases are more common than people realize.
If you or someone you know has been injured due to medical negligence in Florida, it is important that you take legal action. It's not just about seeking justice—you may also be eligible for compensation for your injuries or the pain and suffering you experienced because of negligence.What Are the Most Common Medical Malpractice Claims?
Medical malpractice claims usually involve allegations of negligence. Examples of this include a doctor or other healthcare professional failing to provide the proper standard of care, making a wrong diagnosis, misreading or ignoring lab results, performing the wrong procedure, or neglecting to provide adequate follow-up care.
Medication errors are another common medical malpractice claim. These errors can involve prescribing the wrong medication, incorrect dosage levels, failing to get informed consent before administering a drug, or prescribing a medication that causes an adverse reaction with another drug.
Sometimes, people may bring medical malpractice claims against a healthcare facility. This could include an allegation that the facility failed to properly staff or equip its emergency room, delayed treatment, or provided substandard care in other ways.Who Can I Make a Medical Malpractice Claim Against?
You may be eligible to file a medical malpractice claim if you or a loved one have been injured due to a healthcare provider's negligence. In Florida, you can make such a claim against any healthcare provider who caused injury due to a negligent act or omission—including physicians, nurses, dentists, technicians, and other medical personnel.
It's important to remember that filing a medical malpractice claim can be complicated and time-consuming. It will require an in-depth investigation into the facts of your case—so it is important to gather evidence that speaks to negligence before submitting your claim. Evidence could include medical records, expert witness evaluations, and official documents such as death certificates or bills of sale.
There are also strict regulations governing who can file a medical malpractice claim in Florida (known as "statutes of limitation"). Generally speaking, you must file your claim within two years of when the injury occurred—but this timeframe may vary depending on the particular circumstances surrounding the case.
Consulting with an experienced attorney can help ensure that your rights are protected and that your claims are timely filed in accordance with all relevant laws and regulations.What Kind of Evidence Do I Need to Prove My Claim?
You'll need to provide evidence to support your medical malpractice claim in Miami Lakes, Florida. This can include:
Medical records are key evidence when proving a medical malpractice claim. You'll need documentation from your doctor showing the treatment you received and how it compares to the base-level of care expected in the same situation for similar patients.
In some cases, you may also need expert witnesses who can support your claim by analyzing your medical records or researching the standard of care expected in this situation. These witnesses should be qualified in medicine so they can provide valid testimony to the court examining your case.
In rare instances, you may also be required to provide evidence showing where or how any harm happened – such as broken medical equipment that caused an injury or documentation of a hospital's failure to meet sanitation standards.
By collecting this kind of evidence and providing detailed documentation, you'll be able to establish that there was a breach in the standard of care and then build a stronger case for compensation from those responsible.What Are the Challenges of Filing a Medical Malpractice Claim?
Filing a medical malpractice claim in Florida is no easy feat. It can be costly, time-consuming, and emotionally draining. The process involves a lot of paperwork and legal maneuvering, so it's important to understand the challenges you may face before filing a claim.
Hiring an Attorney
The first step is to find an attorney with knowledge of local laws and experience with medical malpractice cases. This can be difficult since not all attorneys have experience in medical malpractice, and you should be wary of attorneys who aren't well-versed in the laws and procedures related to medical malpractice claims in your state.
Once you've found the right lawyer, there are strict deadlines for filing your claim and gathering the necessary documents — including medical records and witness statements. These deadlines vary from state to state, so it's critical to speak with an attorney as soon as possible after learning about potential negligence from a healthcare provider or facility.
The biggest burden lies with proving negligence. You must show that your doctor or nursing staff behaved negligently or recklessly by deviating from the standard of care that any other reasonable professional would have taken under similar circumstances. This can be difficult to prove since it requires significant evidence and documentation.
When filing a medical malpractice claim in Florida, you may wonder how much compensation you are entitled to receive. The amount of compensation awarded in each case will depend on the case's unique facts and the severity of the injury suffered.
That said, a few factors will likely influence how much compensation you will receive. These include:
- The physical pain and suffering you experienced due to your injury.
- Loss of past and future wages if your injury prevents you from being employed.
- Loss of earning capacity if your injury affects your living ability.
- Medical bills related to your injuries, including both past and future bills.
- Cost of necessary modifications made to accommodate any disability caused by the injury.
- Future medical expenses related to any ongoing care are needed due to your injuries.
- Mental anguish or emotional distress due to the effect of the injury.
- Loss of quality of life or companionship following an injury.
Considering all these factors, an attorney can help you maximize the potential compensation for your medical malpractice claim in Florida.Can I Sue If I Am Not Satisfied with My Surgery?
If you're not happy with the medical care you've been given, it's understandable that you might want to sue. It's important to understand that simply being dissatisfied with the outcome of your surgery is not enough to make a successful medical malpractice claim in Florida.
To be successful, you must show that your surgeon acted negligently in some way and that negligence led directly to the injury. Generally, this will involve proving the following:
- That you were owed a standard duty of care.
- That your surgeon breached the standard of care.
- That you were injured as a result of this breach.
Proving these three elements can be complicated, but if you have experienced an injury due to negligence during a surgical procedure, it's worth considering claiming to seek compensation for the harm caused by negligence.
Doing so requires a thorough understanding of Florida law and evidence-gathering techniques – so make sure you speak with an attorney experienced in medical malpractice claims before taking any action.How Does a Jury Determine If a Doctor's Actions Were Negligent?
When figuring out if the doctor was negligent, it's up to the jury to make this determination. The jury will consider all of the evidence presented and decide based on whether or not the doctor acted in a way that other reasonable doctors would have in similar situations.
If they determine that a reasonable doctor would not have taken any action that could have caused harm, then it may be considered medical malpractice.
It's important to note that some states have established standards of care that must be met. This means the jury must determine if the doctor failed to meet these standards while treating a patient. It will also consider if the patient suffered any damages due to their medical malpractice.
To prove negligence, there are four main factors that either party must prove:
- There was an existing duty of care between the doctor and the patient.
- This duty was breached.
- The breach caused actual harm or injury.
- This injury resulted in damages for which compensation is needed.
Do you think a medical mistake might have caused you harm, and now wonder if you might be able to file a medical malpractice claim? If so, you're probably looking for answers on how to determine whether or not you do have a valid claim.
Figuring out if you should pursue a medical malpractice case can be complex, but the basic idea is that four elements must exist:
- Medical negligence – A doctor or other healthcare provider must have failed to meet their medical standard of care. This could include making an error in diagnosis, providing substandard treatment, or failing to provide any treatment.
- Damages – You must have suffered actual damages due to the negligence—financial and otherwise—and these damages must be proven with documentation.
- Proof of causation – You must prove that the medical mistake was the direct cause of your injuries and financial losses.
- Statute of Limitations – The statute of limitations in Florida is two years from when there was a reasonable discovery of injury due to malpractice; this deadline varies by state, so it is important to research the statute of limitations in your state if filing outside of Florida.
The best way to know for sure if you have a valid case is to consult an experienced Florida medical malpractice attorney who can help evaluate your situation and advise on how best to proceed with legal action.What Is Meant By "A Breach of The Standard of Care" In A Medical Malpractice Case?
A "breach of the standard of care" requires you to show that the healthcare provider acted in a way that did not meet the accepted standards for conduct within the medical community. In other words, your medical provider failed to provide you with care at the same level as reasonably competent healthcare providers would have under similar circumstances.
When evaluating whether or not there has been a breach of the standard of care, some of the questions asked include the following:
- Did your healthcare provider diagnose or treat you correctly?
- Did your healthcare provider follow all applicable guidelines or protocols?
- Did your healthcare provider follow all applicable laws and regulations?
- Was another treatment available with better results than what was provided to you?
It's important to remember that a mistake alone is not enough to constitute malpractice—it has to be judged against this "standard of care." If it was determined that similar healthcare providers would have done something differently and better results could have been achieved, then a claim may potentially be made.If I Can Prove That the Defendant Violated the Standard of Care, Does That Mean I Win My Case?
No, not necessarily. Even if you can prove that the defendant violated the standard of care, you must also prove that their negligence caused harm to you. A standard of care violation is only one element of a medical malpractice claim in Florida and must be proven with evidence.
In addition to proving that a defendant violated the standard of care, you must also show the following:
- That their negligence harmed you.
- That your injury would not have occurred had the defendant acted properly.
- That your injury resulted in damages.
You may need expert witnesses to testify about your injuries and expenses resulting from medical malpractice to help the court decide. With the help of attorneys experienced in medical malpractice law, you can build your case and possibly prove that the defendant's negligence caused harm to you and resulted in compensable damages.If My Baby Is Born with Birth Defects, Can I Bring a Malpractice Case Against the Doctors and Hospital?
Yes, even if your baby is born with birth defects, you may be able to bring a medical malpractice case against the doctors and hospital.
One common example of birth defects caused by medical malpractice is when a doctor fails to diagnose a pregnancy complication or promptly conducts an emergency c-section delivery. If it can be shown that the doctor's negligence was the cause of the birth defect, then you can file a claim for medical malpractice.
It's important to note that birth defects can also be caused by genetic factors that are completely beyond the control of any doctor or hospital. In these cases, the doctor or hospital cannot be held liable for any damages associated with the birth defect.
When filing a medical malpractice claim related to a birth defect, it is important to have your case evaluated by an experienced lawyer who has taken cases in this area of law. They will help determine whether you have grounds for a valid claim and guide you through court procedures and negotiations with insurance companies.How Can a Lawyer Help Me with My Medical Malpractice Claim?
You might wonder how an attorney can help you with your medical malpractice claim in Florida. The answer is simple: they can offer you invaluable support and expertise.
An experienced medical malpractice lawyer understands the process of filing a claim from start to finish and can advise you on how to proceed. They know how to effectively compile evidence, negotiate settlements, and represent you in court should it come to that. They have the knowledge and resources needed to ensure your rights are protected every step of the way.
Here are some of the ways that an attorney can help you with your medical malpractice claim in Florida:
- Gathering evidence: An attorney will review your medical records and interview doctors and other witnesses, which will be key in establishing negligence in court.
- Assessing damages: An experienced lawyer will understand exactly how much money you are entitled to for your damages (medical bills, lost wages, etc.).
- Negotiating a settlement: A lawyer can negotiate a fair settlement with the defendants on your behalf.
- Representing you in court: A medical malpractice attorney can stand up for you, if necessary, in a civil court trial or arbitration hearing.
If you are a Florida medical malpractice victim and are considering filing a medical malpractice claim, please contact us. We're here to help you every step of the way. Frankl Kominsky Injury Lawyers - Medical Malpractice lawyers serving Miami Lakes are dedicated to providing exceptional legal representation on behalf of victims.
When you come to our firm, we will thoroughly investigate your case and answer all your questions. Our team will explain the process, outline your legal options, and develop a proactive strategy that gives you the best chance of achieving the best possible outcome.
We will also help determine if you have suffered damages due to medical negligence and represent you in any required court hearings. Contact us at (561) 800-8000 for a free consultation.