Miami Medical Malpractice

Medical malpractice is when a medical professional deviates from the accepted standards of practice and puts a patient in harm’s way. When someone is injured or killed by the negligence of a health care provider, the victim and the victim’s family may pursue financial compensation by filing a medical malpractice lawsuit. Anyone considering filing a claim against a medical professional would be well-advised to call an experienced Miamipersonal injury attorney to discuss all the legal options available to them.

Causes of Medical Malpractice

Patients put their health and well-being in the hands of doctors and hospital staff with hopes of getting better. Unfortunately, that is not always the outcome. Here are some of the most common ways by which medical negligence can occur.

  • Misdiagnoses, Diagnostic Errors: The most common reason for a medical malpractice suit is a misdiagnosis of a disease or health condition. Deciding what illnesses or injuries a patient has can be complicated but there is an expectation that a doctor should be able to know what is going on given his or her access to resources and information. When a doctor sees the symptoms, is provided adequate test results, and still fails to properly diagnose an illness, the patient may hold the doctor liable for the resulting damages.
  • Delayed Diagnosis: These types of suits are particularly common among cancer patients and their families. Early diagnosis of cancer greatly increases one’s chances of survival. Failure to order a test or properly read a test can lead to a Florida medical malpractice suit.
  • Surgical Errors: Even minor surgeries, when they go wrong, can result in serious injuries or death. When mistakes are made during a surgery, the surgeon and hospital may be held liable for the damages.
  • Anesthesia Error: Putting someone under for a medical procedure is a complicated process. Giving a patient too much or too little anesthesia can have devastating effects.
  • Medication Errors: It is the doctor’s responsibility to prescribe the right medication and to stay abreast of recent studies to ensure the medication is safe for the patient.

Proving a Florida Medical Malpractice Case

There are a few key elements of a successful medical malpractice case. The plaintiff will have to prove:

  • A duty was owed by a medical professional or hospital
  • The medical professional or hospital staff failed to act upon that duty
  • This breach of duty led to an injury to the patient
  • The injury to the patient led to the alleged damages

Hospitals cannot be held liable for all possible mistakes. A medical malpractice suit must arise out of a medical professional failing to meet reasonable expectations or standards of practice. Doctors and hospitals have medical malpractice insurance to cover these types of suits, but that does not mean they will not fight any and all charges against them. To ensure that your rights are protected, you may need the counsel and guidance of a reputed medical malpractice attorney.

The experienced medical malpractice attorneys at the Law Office of Ruth E. Johnson protect the injured victims of Florida. We offer free case evaluations on all potential medical negligence claims. We have access to resources and experts needed to prove medical malpractice claims. Call us today to schedule your free consultation.

FAQ’s

How Much is My Case Worth?
This really depends on the nature and severity of the accident, and whether or not the injury is due to the negligence of another party or occurred during the course and scope of employment (workers' compensation). A plaintiff may be able to recover compensation for lost wages, medical expenses future medical expenses, lost profits, future profits...
What Should I Do if I Meet in an Auto Accident?
Immediately seek medical attention of your injuries. Obtain as much information from the other driver(s) as possible, including their name, address, phone number, insurance company, policy number, drivers license and license plate. Be sure to insist that a report is completed by a law enforcement officer and get a copy. You can also take pictures...
When Should I Contact a Personal Injury Attorney After an Accident or Injury?
This depends on how and where the injury occurred. Every State has its own statute of limitations which dictates how long the plaintiff has to file different types of law suits. In Florida, the statute of limitations for a negligence claim is typically four years, with the exception of medical malpractice which is two years from the date of injury...
Under the Workers' Compensation Laws in Florida, How Long Do I Have After an Accident to Report It to My Employer?
If you or someone you love has been injured on the job, first seek medical attention of those injuries. The next step should be to report those injuries to your employer. If you fail to report your injury to your employer within thirty (30) days, then your claim may be denied.
Who is Responsible if I Slip or Trip and Fall on Someone Else’s Property?
A property owner is not always responsible for something on which you slip or trip. This must be analyzed on a case by case basis depending on the cause of the dangerous surface and a careful evaluation of the owner’s knowledge of the hazard and failure to address. This is usually an in depth legal analysis of the “reasonable care of the property”...

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