Medical Malpractice Lawyers
When health care professionals fail to do their job, the consequences can be devastating. Medical professionals have a responsibility to safeguard us all; it is what they are compensated for. While many fulfill this duty honorably and with excellence, regrettably, some fall short.
As lives hang in the balance, it is imperative to hold negligent doctors, hospitals, and medical professionals accountable. If you or a loved one have been the victim of medical malpractice, you have the legal right to pursue full and fair compensation. Please contact the UD Miami medical malpractice lawyers today at (305) 330-2397 or use our convenient online form to see if we can help.
How common is medical malpractice?
The exact prevalence of medical malpractice in the United States is difficult to determine precisely. However, according to a comprehensive study published in the New England Journal of Medicine in 2016, medical malpractice occurs in about one out of every 100 hospital patients.
What are the most common types of medical malpractice?
Medical malpractice can take various forms, and the specific types of malpractice can vary depending on the circumstances. Here are some of the most common forms of medical malpractice:
Misdiagnosis or Delayed Diagnosis: When a healthcare professional fails to correctly diagnose a condition or there is a significant delay in diagnosing it, leading to harm or worsening of the patient's condition.
Surgical Errors: Errors that occur during surgical procedures, such as wrong-site surgery, surgical instrument retention, anesthesia errors, or other preventable mistakes made during surgery.
Medication Errors: Mistakes involving prescription medications, such as prescribing the wrong medication, incorrect dosages, administering the wrong medication, or failing to consider potential drug interactions or allergies.
Birth Injuries: Injuries that occur during childbirth due to negligence or improper medical care, resulting in harm to the mother or the newborn, such as cerebral palsy, brachial plexus injuries, or other birth-related complications.
Anesthesia Errors: Errors related to administering anesthesia, such as incorrect dosages, failure to monitor the patient properly during anesthesia, or adverse reactions to anesthesia drugs.
Hospital-acquired Infections: Infections that patients develop while in a healthcare facility due to inadequate sanitation practices, improper sterilization of equipment, or failure to follow infection control protocols.
Failure to Provide Adequate Follow-up or Aftercare: Negligence in providing appropriate post-treatment or aftercare, including failure to monitor the patient's condition, provide necessary instructions, or arrange for proper follow-up care.
Failure to Obtain Informed Consent: When a healthcare provider does not adequately inform the patient about the risks, benefits, and alternatives of a specific treatment or procedure, and the patient suffers harm as a result.
These are just a few examples of common forms of medical malpractice. It's important to note that each case is unique, and the specific circumstances surrounding an incident of medical malpractice can vary significantly. Consulting with a qualified attorney can provide more specific information based on your situation.
What is the process for bringing a medical malpractice claim in Florida?
Bringing a medical malpractice claim in Florida involves several key steps. It's important to consult with a qualified attorney who specializes in medical malpractice cases to guide you through the process. The following is a general outline of the procedure:
Consultation with an Attorney: Seek an initial consultation with a medical malpractice attorney in Florida. They will evaluate the merits of your case, review medical records, and determine if you have a valid claim.
Pre-suit Investigation: If your attorney believes you have a viable case, they will conduct a thorough investigation. This typically includes obtaining all relevant medical records, consulting with medical experts to assess the standard of care provided, and identifying potential defendants.
Notice of Intent to Initiate Litigation: Before filing a medical malpractice lawsuit, Florida law requires serving a notice of intent to initiate litigation to each potential defendant. This notice must outline the allegations and include an affidavit from a qualified medical expert affirming that there is a reasonable basis for the claim.
Statute of Limitations: Ensure that your claim is filed within the statute of limitations. In Florida, the general statute of limitations for medical malpractice claims is two years from the date the malpractice occurred or two years from the date the malpractice was discovered (or should have been discovered) but no more than four years from the date of the incident.
Mediation and Arbitration: Florida law requires parties to participate in mediation to attempt to reach a settlement before proceeding to trial. In certain cases, arbitration may also be required.
Filing a Lawsuit: If a settlement is not reached, your attorney will file a lawsuit on your behalf in the appropriate Florida court. The complaint will outline the allegations against the defendant(s) and the damages being sought.
Discovery Phase: Both parties engage in the discovery process, where they exchange information and evidence relevant to the case. This can involve interrogatories (written questions), depositions (oral testimonies under oath), and requests for production of documents.
Expert Witnesses: Expert witnesses play a crucial role in medical malpractice cases. Your attorney will work with qualified medical experts who can provide opinions and testify about the standard of care, breach of duty, causation, and damages.
Settlement Negotiations: Throughout the process, settlement negotiations may occur. Your attorney will advocate on your behalf to achieve a fair settlement. If an acceptable agreement cannot be reached, the case will proceed to trial.
Trial: If the case goes to trial, both sides will present their evidence and arguments before a judge and/or jury. The outcome will be determined by the judge or jury, who will decide if the defendant(s) are liable for medical malpractice and, if so, the amount of damages to be awarded.
Appeal: After the trial is over, there may be an appeal. This process involves legal arguments regarding specific issues that arose during the case—often times issues from the trial itself.
Please note that this is a simplified overview, and the actual procedure may vary based on the specifics of your case and any updates to Florida laws. It's crucial to consult with a medical malpractice attorney for personalized guidance.
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*The information provided on this website is for general educational purposes only. This information is not legal advice and does not create any attorney-client relationship.