Medical Malpractice Lawyers in Miami

What Is Medical Malpractice?

Medical malpractice is when a medical professional doesn’t provide medical care up to the acceptable professional standards. 

Every medical professional has the legal obligation to perform their duties with a basic level of competency and attention. Too often, people in the medical profession fail to competently go about their work for a variety of reasons. Mistakes occur because of a lack of training, being overworked, carelessness, or trying to cut corners. Medical malpractice is when the level of care falls below reasonable, acceptable standards.

What amounts to reasonable care depends on the amount of training of a medical professional in the same specialty. The standard is the competency and attention that a person should have to work in that position in the medical field. 

Patients have the right to assume that their medical care providers are competent to do their jobs. When they aren’t, and harm occurs, the victim has a viable medical malpractice claim for compensation.

Types of Medical Malpractice Cases

While medical malpractice cases can take on many forms, the outcomes have a consistent theme. Victims are left with ongoing or exacerbated medical issues that make it difficult for them to lead a healthy life. Some of the more common types of medical malpractice cases include the following: 

• Failure to diagnose: If a medical provider fails to diagnose a disease or injury that should have been diagnosed, this could lead to further health complications and more severe consequences that may have not existed had your health issue been addressed properly.
• Missed laboratory results: If a provider orders a test and lab results show cancer, a dangerous infection, or other abnormalities, but the results are never provided to the physician, the consequences can be devastating to a patient.
• Surgical errors: These types of errors can be very broad and include everything from operating on the wrong patient or body part, to leaving tools inside a patient, and damaging other organs or nerves during surgery.
• Unnecessary surgical procedures: This common medical malpractice case involves surgeons performing unnecessary procedures. This includes surgeries where risks outweigh benefits, those from a misdiagnosis, or surgeries that are not needed but are financially advantageous to the provider.
• Wrong medications: The wrong prescription medication or wrong dosage can have devastating consequences to a patient. Other instances of this type of malpractice case may include failing to check for patient allergies before prescribing medication or prescribing medication that has a dangerous interaction with existing medications prescribed.
• Insufficient aftercare: Poor aftercare, even after a proper procedure, can lead to complications after a patient leaves the care of their provider. This can result in blood clots, infections, or poor healing.
• Not taking accurate patient history: If a provider does not take a full patient history or collects inaccurate information from a patient, it could lead to complications with their diagnosis, treatment plan, and recovery.

What Are the Damages in Medical Malpractice Cases?

Your damages are all of the ways that you suffer losses, both personal and financial, from the medical malpractice that occurs. For example, you may have additional medical bills that you would not have had because it takes you longer to heal. You could also have extra medical expenses to repair the damage done from the malpractice incident. The damages that you may claim include:

• Medical bills from delayed treatment
• Medical bills from additional treatment needed 
• Pain and suffering
• Compensation for income if you can’t work
• Home health aides if needed
• Wheelchairs, crutches, and home modification expenses as appropriate
• Payment for changed lifestyle and things you’re no longer able to do
• Medication costs
• Emotional anguish
• Mental health damages
• Wrongful death compensation, if applicable

There is no limit to the amount of economic and non-economic damages that you can claim. The value of the case depends on the damages that the victim suffers. Florida law allows you to claim all categories of compensation that apply to your individual case. You must specify your damages in your legal documents to claim them.

Understanding Florida Medical Malpractice Law 

Florida’s medical malpractice laws are governed by Florida Statutes § 766.102. These statutes define things like how much time you have to bring forward a case, what you need to do before filing a medical malpractice lawsuit, information related to the damages you can pursue, and other important legal information that will help guide you in filing a successful claim.

Statute of Limitations

The statute of limitations refers to the window of time you have to bring forward a case. When this window closes, you could lose your opportunity to bring forward your case.

In Florida, the general rule regarding the statute of limitations for medical malpractice cases is limited to two years from the day the injury happened or the day that you discovered the injury.

Florida enforces a four-year statute of repose that brings with it very limited exceptions. Essentially, this means that regardless of when the injury was discovered, if it has been four years after the actual negligence happened, you will be unable to file a lawsuit.

There are some exceptions to the statute of limitations. Exceptions generally exist in cases involving fraud, concealment, or intentional misrepresentation by the healthcare provider. There are also exemptions in cases involving minors as well.

Essential Elements for Proving a Medical Malpractice Case in Florida 

The backbone of any medical malpractice case is negligence. To have a successful medical malpractice lawsuit, you must show that the provider, healthcare facility, and other involved individuals or entities were negligent in their actions, and that their negligence is what has resulted in the pain, suffering, and economic losses you’ve endured.

There are four critical elements to proving negligence. Each element must exist in order to have a successful case. 

The elements are as follows: 

• Duty of care: This is the notion that you had a working doctor-patient relationship and they had a duty to your safety. 
• Breach of standard of care: This happens when a provider or healthcare facility has violated the duty of care owed to you.
• Causation: This is the legal concept that a negligent party’s actions are what caused you to suffer an accident or injury that resulted in financial losses, pain and suffering, and other damages.
• Damages: You must have suffered actual damages such as physical pain, pain and suffering, mental anguish, additional medical bills, and other calculable losses to pursue a medical malpractice claim. 

Types of Evidence That Can Help Build a Strong Case 

There are different types of evidence that can help you build a strong case when suing a hospital or physician. The right type of evidence will strengthen your claim, making it harder for insurance companies and other involved parties to minimize the compensation you’re entitled to.

Some examples of evidence that might be used to support a medical malpractice claim include the following:

Medical Records

Medical records provide a timeline of care administered, the type of care provided, doctor’s notes, medications administered, and other relevant information that can paint a clear picture of the medical malpractice endured. 

Expert Testimony

An experienced Miami medical malpractice lawyer will know how to use expert testimony to strengthen your case. They’ll speak with experts who bring a knowledgeable outside perspective to your case.

Documentation of Damages 

Documenting damages helps prove that you’ve suffered because of the medical malpractice that has taken place. This can include everything from unnecessary medical care, to pain and suffering, to lost income and wages, to other losses you’ve endured. 

Witness Statements

A witness statement can be critical to supporting the claims you’ve made. An experienced malpractice lawyer in Miami will know who to speak with, and will know how to use their testimony to paint a clear picture of the medical malpractice you’ve endured.

Related: Get the answers to your questions about legal malpractice.

Florida’s Pre-Suit Medical Malpractice Procedures

Medical malpractice lawsuits differ from other lawsuits in that pre-suit investigations are required beforehand to even be able to bring forward a lawsuit. Here is what the pre-suite procedure looks like. 

Pre-Suit Expert Affidavit

Before you can file a lawsuit, you must obtain and file a written opinion from a verified medical expert. This opinion should corroborate your claims and essentially gives merit to the claims you’re making. 

Pre-Suit Notice Requirements

You must provide each defendant named in your lawsuit with a notice of intent to initiate litigation of your medical malpractice and negligence claims. This notice will start the investigation period. 

Presumption of Delivery

Your notice of intent must be mailed via certified mail to the named defendants. The presumption of delivery takes place on the 5th day after you’ve mailed your notice.

Mandatory Pre-Suit Investigation

After a defendant has received the notice of intent, they have 90 days to conduct their own investigation into the claims you’re making. Their investigation might include reviewing records, speaking with experts on the matter, and evaluating the overall merit of the allegations you’re making.

Response to the Claimant

A defendant will then need to respond to your notice of intent within 90 days. They can reject the claims you’re making, offer an initial settlement, or admit liability. If they do not respond within this 90 day period, this is treated as a final rejection.

Strategic Importance of Pre-Suit Notice

The pre-suit notice is an important part of the legal process, and it forces both sides to address the case early on in order to come up with a resolution if possible. 

Navigating the Investigation Period

Because this investigation process spans a 90-day window, it’s important that you have the right legal representation to help guide you through what can be a complex procedural process. An experienced medical malpractice lawyer in Miami will know to keep an eye out for important deadlines, requirements, and any potential missteps that could hinder the success of your case.

How Can a Miami Medical Malpractice Attorney Help Me?

A medical malpractice attorney in Miami can help you by ensuring that your claim is handled professionally and in the best possible way. With a team of legal professionals, you ensure that you don’t miss any steps that are critical to getting the compensation that you deserve. 

From case evaluation, to formally starting a claim, to advancing legal tactics and trial, we are here to ensure that every step in your case is handled with care and attention. You will have the peace of mind knowing that you have seasoned, aggressive litigators taking actions on your behalf and providing guidance about each action in your case.

Why Choose the Medical Malpractice Attorneys at Bernstein & Maryanoff, Injury Attorneys?

Our Miami personal injury attorneys are seasoned legal professionals who have more than 75 years of combined experience representing personal injury victims. When you work with our legal team, University of Miami School of Law graduates and law firm founders Jack Bernstein and Neil Maryanoff personally oversee your case. You will also have access to our carefully chosen, full-service legal team whenever you have questions or want to talk about your case.

Our passion is our clients. It’s our goal to help every client receive justice. From the beginning of your case until the day it reaches its conclusion, we work tirelessly to advance your cause. Along the way, we’ll answer your questions. It’s our goal to work for you and with you until you get results. We understand that a medical malpractice event is difficult. However, our team is here to pursue your legal case so that you can focus on your recovery.

Contact Our Medical Malpractice Attorneys in Miami

Do you think you might be the victim of medical negligence? Do you have questions about the medical care that you received? We are here to help. Come see how our team of professionals can work for you and on your behalf to bring a legal claim for compensation.

There’s no cost to talk to our legal team. We’re standing by to take your call. 

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