Miami Medical Malpractice Lawyers

What is Medical Malpractice?

In the area of personal injury law, individuals can file medical malpractice claims against medical professionals when they’ve been seriously harmed by the carelessness or negligence of doctors, nurses, or other professionals. In the state of Florida, filing a medical malpractice claim can be extremely complicated because there are certain elements you must prove to have a valid claim.

Elements that must be established include:

• There was a duty of care: Just as drivers owe a duty of care to other drivers and passengers with whom they share the road, medical professionals also owe a duty of care to their patients. You must first show that the medical professional in question was treating you, the patient.
• There was a breach in the standard of care: There must also be evidence that the medical professional breached the standard of care by providing less than adequate medical care. According to Florida’s Malpractice Act, this means that your claim must be supported by sworn testimony from a medical expert practicing in the same field as your doctor.
• This breach was the proximate cause of your injuries: Along with establishing that your professional breached a standard of care, you must also prove that this breach was the “proximate cause” of your injuries. This means you must show that if the medical professional wasn’t negligent, your injuries wouldn’t have occurred.
• Damages occurred: Your injuries must be serious enough to result in damages, including medical expenses, missed time from work, pain and suffering, and more.

Common Types of Medical Negligence

Depending on the type of accident and injuries or illnesses that occur, a variety of people and entities can be held responsible for medical malpractice. Doctors, nurses, hospitals, and even nursing homes are common defendants in these types of claims. In the case of robotic surgery errors, our team has found that besides individual surgeons, the robot manufacturer or designer can be held liable for damages because of errors they made in creating the device. 

The most common types of medical malpractice claims occur as a result of:

• Errors in diagnosis: Diagnosis error is one of the most common causes of medical malpractice claims and can occur when a professional either delays a diagnosis, misdiagnoses a patient with another health condition, or doesn’t diagnose a patient at all. Treating patients with health conditions as soon as possible is essential and can be life-saving, which is why failing to do so can be considered negligent.
• Pregnancy or childbirth errors: When doctors make errors during a patient’s pregnancy or in childbirth, both the mother and child can be injured. In many cases, a birth injury can change the way an infant lives their life. Childbirth errors can include surgical errors made during C-section deliveries, misdiagnosis of placental abnormalities, nerve injuries to the baby, and more.
• Surgical errors: Surgical errors can occur as often in routine procedures as they do in major surgeries like spinal or heart surgery. Common errors can include performing the wrong operation, operating with unsterilized equipment, damaging a nerve during surgery, failing to control bleeding, and more. Errors can also be made during robotic surgery, which typically involves a doctor controlling a machine during a procedure such as a heart valve operation.
• Medication errors: Doctors and nurses can be held accountable for negligence when they give patients the wrong medication, an incorrect dosage of medication, or fail to realize a dangerous drug interaction, such as if a patient is deathly allergic.

How Can a Medical Malpractice Lawyer Help You?

Medical malpractice is a complex and sensitive issue that can have devastating consequences for patients and their families. When healthcare professionals fail to meet the standard of care expected in their field, patients may suffer from injuries, illness, or even death. In such cases, seeking legal recourse becomes essential, and this is where a medical malpractice lawyer can be your advocate and guide through the legal process.

• Expertise in Medical Law: One of the most critical roles of a medical malpractice lawyer is their in-depth knowledge of medical law. They understand medical terminology, procedures, and standards of care, which is crucial for building a strong case on your behalf.
• Negotiating with Insurance Companies: In many instances, medical malpractice cases involve negotiations with insurance companies. These companies often have legal teams working to minimize their liability. Your lawyer will be your advocate during negotiations, ensuring you receive fair compensation for your injuries, pain, and suffering.
• Representing You in Court: If a settlement cannot be reached through negotiation, your medical malpractice lawyer will represent you in court. They will build a compelling case, present evidence, and argue on your behalf. Their courtroom experience is invaluable in seeking justice for your injuries.
• Peace of Mind: Hiring a medical malpractice lawyer gives you peace of mind knowing that a dedicated professional is working diligently to protect your rights and seek justice on your behalf. This allows you to focus on your recovery and well-being.

Our medical malpractice lawyers in Miami don’t take cases —we take on causes. Contact us online to take advantage of our decades of experience. Call (305) 900-5493 today!