Miramar Medical Malpractice Lawyer

Every patient expects professional care as a patient in a Miramar, Florida, hospital. Unfortunately, although most medical practitioners uphold their responsibilities and keep their patients safe, some do not. If you are injured due to medical malpractice, speak with a Miramar medical malpractice lawyer.

Hospitals and other healthcare organizations are required to protect their patients from errors, injuries, accidents, and infections while in their care. Therefore, they should work to reduce infection rates and put checks in place to minimize mistakes. Sadly, many people die every year from preventable errors in hospitals.

Patients can experience dangerous complications that arise from medical malpractice. Often, their recovery is slower, and some may die unnecessarily due to another person' s negligence.

Victims of medical malpractice have a right under Florida law to pursue justice and compensation for their injuries. Therefore, if you believe you have a medical malpractice case, speak with our team at Frankl Kominsky Injury Lawyers as soon as possible.

Types of Medical Professionals

It is important to note that doctors and surgeons are not the only medical experts that can be held accountable for medical malpractice. There are other healthcare providers responsible for providing a reasonable standard of care, including:

  • Chiropractors
  • Physicians assistant
  • Dentists
  • Nurses
  • Pharmacists
  • Anesthesiologists
  • Psychiatrists
  • Radiologists
  • Alternative medicine providers
  • EMTs and paramedics
  • Pharmacy technicians
  • Medical facilities such as rehabilitation facilities, nursing homes, lab and imaging centers, etc.
Understanding Medical Malpractice Under Florida Law

Before defining medical malpractice, negligence must be understood. Negligence is a breach of an existing standard of care, and these violations result in injury. Failure to follow the accepted standard of practice, omitting to take appropriate actions, or giving substandard treatment that causes harm, constitutes medical malpractice.

Miramar patients should expect to receive the standard of professional medical care when they are a patient. The level of care you receive should be comparable to that which you would have received from any expert in the medical field.

Medical practitioners have the lives and well-being of patients in their hands every day. Therefore, they should be held responsible if they do not uphold the standard of care needed for every patient they treat.

Sadly, doctors, physicians, and nurses can make errors due to fatigue, inattention, or other personal reasons. While they are not expected to cure or save every patient they treat, they must avoid medical mistakes. They must also take reasonable precautions to ensure their patient's safety.

An action for medical malpractice is a claim in tort or contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis or care by a healthcare provider.

When a doctor, hospital, or health care provider fails to meet minimum generally accepted standards of care in treating a patient, resulting in injury or death, they are negligent. Unfortunately, Florida laws regarding medical negligence are incredibly complex.

For instance, just because a medical procedure or surgery did not have a desirable outcome does not mean you have a medical malpractice case. Patients only have a valid claim if their injuries or health condition resulted from a doctor's negligence.

What Are the Common Types of Medical Malpractice Claims?

An experienced malpractice lawyer can help determine if someone has valid grounds for a claim because not every unsuccessful surgery or medical procedure is medical malpractice.

Common types of medical negligence that can be eligible for a medical malpractice lawsuit include:

  • Birth injury, including negligence during delivery and cerebral palsy
  • Nursing home negligence and abuse
  • Brain or spinal cord injuries
  • Wrongful death
  • Surgical errors and burns
  • Misdiagnosis or failure to diagnose an illness or disease
  • Improper medication prescription or dosage
  • Performing unnecessary surgery
  • Delayed or improper treatment
  • Leaving a foreign object inside a patient
  • Operating on the wrong patient
  • Ignoring or misreading laboratory results
  • Improper after-care or checkup
  • Use of poorly designed medical devices, etc.
Proving Liability in Medical Malpractice Under Florida Law

Various legal standards must be met in medical negligence cases. Not every error committed by a doctor is actionable by law. A victim must establish the key elements of negligence to succeed in a medical malpractice case.

Patients have the burden of proof to establish that their injuries and losses resulted from a negligent action. The key elements required to prove negligence in Miramar medical malpractice case are:

Standard of Care Violation

Florida law requires patients to prove that a medical professional did not provide adequate care to them or their loved ones. If the required standard of care is not met, it may establish that the medical professional was negligent.

To prove this element, the victim must provide evidence that they were a patient being treated by the medical practitioner. Medical experts from the same medical field can also testify on the patient's behalf. Finally, a completed affidavit attesting that the care received amounted to malpractice must be submitted.

The Negligence Caused the Injury

Another essential element for a medical malpractice case to be valid is causation. With the help of a Miramar medical malpractice lawyer, a patient can prove that a medical professional's actions or inactions were the direct cause of their injuries or loss. Simply being injured or experiencing an unfavorable outcome is not enough to sustain a medical malpractice case.

The Negligence Caused Significant Damages

Medical malpractice plaintiffs must also prove that the injuries caused by the negligence resulted in damages. These damages include significant medical bills, lost wages, disability, etc.

Who Can File a Medical Malpractice Case in Miramar?

Anyone can file a Miramar medical negligence case. However, not everyone has the legal knowledge to protect and exert their rights under law. Therefore, filing a claim without an attorney can be complicated. This is where legal professionals can help.

Medical malpractice cases can be complex, and insurance carriers can deploy tactics to downplay the seriousness of a claim. A skilled lawyer can help with negotiations and a potential lawsuit.

What Evidence Do I Need to Prove Medical Malpractice?

Medical professionals who harm their patients should be held accountable for their actions. Victims have a right to sue to recover maximum financial compensation for the harm caused to them. First, they must prove that their injuries and losses directly result from someone's negligence.

However, proving medical malpractice in court can be difficult. This is why we advise victims to consult with an experienced lawyer before initiating any legal action.

The first step for a lawyer facing a medical malpractice claim is thoroughly investigating the case. The investigation aims to determine the party who is liable for negligence. To achieve this, we gather substantial evidence to prove our client's case.

Collecting evidence is easier when patients work with medical malpractice lawyers experienced in handling these cases. In gathering evidence, our team of legal experts will collect:

  • Your medical records, bills, and invoices
  • A documented timeline of your correspondence with the healthcare provider
  • Expert testimonies from other medical professionals with similar credentials and skills to the negligent physician
  • Prescription pill bottles
  • Photographs of how you were before the harm caused by the medical negligence
  • X-ray scans
  • Other medical images (when necessary)
Can Contributory Negligence Become Relevant in Medical Malpractice Cases?

Florida is a pure comparative negligence state. This law allows injury victims to recover damages regardless of their degree of fault.

Comparative negligence means that an at-fault party's liability can be mitigated because the victim was also negligent in contributing to the harm. Comparative negligence applies in medical malpractice cases if the victim and the defendant share fault.

For example, suppose you fail to disclose certain medical conditions or didn't tell your physician all the medications you were taking when asked. In that case, the doctor's liability can be reduced or eliminated. The compensation will be reduced in proportion to the patient' s blame.

Note that under comparative negligence, you cannot recover compensation if you are more than 50% at fault for your injuries.

What Can I Recover From My Medical Malpractice Case?

Every medical malpractice case is unique. The compensation a victim may be awarded depends on the specific nature of their case. Victims may be forced to bear the severe consequence of another' s negligent actions without compensatory damages.

Our Miramar medical malpractice lawyer can help you seek recovery for economic and non-economic damages for the injuries suffered (by appointment only). It is essential to state that there is no monetary cap on the amount you may receive for damages in this type of case.

The compensation you can potentially recover is categorized into three groups:

Economic Damages

Economic damages are also referred to as special damages. These are damages that result directly from the negligent actions of a medical practitioner. Victims shouldn't have to pay for the resulting financial cost of harm done to them.

Instead, the at-fault party will compensate the victim for:

  • The victim's medical expenses
  • Medical treatment related to the malpractice, including hospitalization costs, medication, physical and behavioral therapy, surgery, rehabilitative care, etc.
  • Loss of wages
  • Property damage
  • Mobility aids
  • Diminished earning ability
  • Funeral and burial costs, etc.
Non-Economic Damages

Non-economic damages are also called general damages. They flow from a tortious act and relate to how the medical error impacted someone' s life. These damages are more complicated to recover without the help of an experienced legal expert.

However, we know how to prove these damages to negotiate for a fair settlement if merited. Non-economic damages include:

  • Pain and suffering
  • Anxiety
  • Depression
  • Loss of quality of life
  • Loss of enjoyment of life
  • Loss of consortium
  • Post-traumatic stress disorder (PTSD)
Punitive Damages

Punitive damages are also referred to as exemplary damages. It is awarded under specific circumstances but not as compensatory damages.

These damages may be awarded if the medical malpractice resulted from gross negligence or malicious behavior. Punitive damages punish medical practitioners for their actions or inactions and deter future occurrences.

What Can I Expect From a Miramar Medical Malpractice Attorney?

At Frankl Kominsky Injury Lawyers, we believe in treating our clients with the utmost respect while rendering the best quality legal representation. We know that victims of medical malpractice suffer at the hands of healthcare providers and insurance companies. Unfortunately, insurance companies can be ruthless when dealing with vulnerable victims. They can try to deny your claim or attempt to settle for less than you deserve.

We are ready to work on your case while you focus on your recovery. We can help you seek adequate compensation for your injuries or the loss of a loved one. Additionally, we will implement strategies to help you hold the negligent medical professionals responsible.

Additionally, we can help you:

  • Investigate your case and gather sufficient evidence to prove the fault of the negligent physician, nurse, or hospital
  • Review the victim's medical record, test results, and diagnosis to understand their injuries or illness
  • Collect evidence, testimony, and documentation against the liable party
  • Build a solid case based on available evidence
  • Consult medical expert witnesses to testify on your behalf
  • Conduct a thorough valuation of the victim's case to determine the scope of their damages
  • Handle all communications and negotiations with the defendant' s insurance providers
  • File a medical malpractice lawsuit when negotiations fail
  • Represent you at trial when necessary
Statute of Limitation on Medical Malpractice Claims in Miramar, Florida

The Statute of Limitations refers to the time limit someone has to file a medical malpractice case after discovering an injury. For example, in Miramar, Florida, medical malpractice lawsuits must be filed within two years from the date of injury or loss.

However, there is a blanket deadline of no later than four years from the incident's date. This 4-year period does not apply to an action brought on behalf of a minor on or before the child' s eighteenth birthday.

Although this time may seem as though this is enough time, it is often not. The earlier you hire a legal professional for your claim, the more time we will have to build a solid case against the liable party. Note that the discovery time, which also includes gathering evidence, can be time-consuming.

Memories tend to fade, evidence can be misplaced, and the defendant' s legal team may cast doubts on the source of your injuries. Filing your case on time with the help of a lawyer and following the legal guidelines is critical.

What Is the Average Settlement for Medical Malpractice Lawsuit in Miramar, Florida?

We commonly see medical negligence victims concerned about their case' s worth. However, there is no set value as each case is treated individually and on its own merit.

A lawyer can give you an estimate of how much your claim may be worth. We consult with other medical experts and specialists to fully evaluate the actual cost of the case and the impact of the malpractice on your life.

The compensatory value of your case depends on factors such as:

  • The malpractice insurance
  • The extent of the injury suffered
  • Its effect on the victim's life
How Much Does It Cost to Hire a Miramar Medical Practice Lawyer?

Faced with expensive medical bills, medical malpractice victims can hesitate to hire legal representation. They may have misconceptions about legal fees. However, the fear and uncertainty of a lawyer's fees should not deter victims from seeking justice.

Thankfully, most Miramar medical malpractice lawyers represent clients on a contingency fee basis. This means our fee is paid as a percentage (usually 33%- 40%) of the total settlement or award. In this kind of agreement, you only pay for our legal fees if you win your case.

With this agreement, there is no reason for injured victims to deprive themselves of justice and fair compensation. However, the contingency fee agreement does not cover legal costs such as filing fees. You have to pay this out-of-pocket or ask your lawyer if you work out an agreement to refund them when you receive a settlement.

Let an Experienced Medical Malpractice Lawyer Handle Your Medical Malpractice Case

When we entrust our health and well-being to our healthcare providers, we shouldn' t have to suffer irreparable harm from them. Medical errors can impact all areas of life that would have been unnecessary if you were competently cared for. If you have suffered from medical malpractice, contact a lawyer with skill and expertise in this area of law to help you.

At Frankl Kominsky Injury Lawyers, we have combined years of experience helping victims seek compensation for their injuries. We fight persistently to help our clients have a chance of a successful outcome. Call us today to schedule a no-cost initial consultation with our Miramar medical malpractice lawyer at (561)-800-8000.

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