Medical Malpractice

Medical malpractice injuries can happen anywhere, anytime. Any practice by a medical professional that is not the standard by the medical field is known as medical malpractice or negligence. Therefore, you should consult a Miami medical malpractice lawyer right away if you are a victim of negligence. As a patient, you depend on the knowledge of physicians and their staff and put their trust in them to help you with your health problems. Unfortunately, sometimes medical professionals or their staff can be negligent. It is important you seek a Miami Medical Malpractice attorney right away to assist you in your case. Our experience, hard work, and determination are all key factors which will lead us as we fight for the justice you deserve. We are a team of professionals who will work tirelessly to defend you, no matter the complexity of your medical malpractice case.

Data shows that each year, many Americans die from medical malpractice. If you or a family member recently had an adverse event and you are considering bringing a case against a physician, hospital or other healthcare provider, it is important for you to understand that several factors can affect your medical malpractice case including jurisdiction, severity, pre-existing conditions and possible caps on damages in your state. For over 19 years, the medical malpractice attorneys at Suarez & Montero have fought back against doctors and hospitals to recover compensation for victims. The medical malpractice attorneys at our firm have experience undertaking difficult medical malpractice cases.

Florida law states that medical malpractice occurs when a health care professional or provider deviates from accepted standards of care. This failure to meet the duty of care generally arises from negligence and can vary depending on the unique facts and circumstances of a case. For instance, claims commonly litigated in medical malpractice lawsuits may include some of the following:

When doctors commit malpractice, patients often end up injured and in some cases die. For instance, doctors who misdiagnose patients, often end up performing operations that are not needed. It is not only physically traumatic for the patient to go through an invasive procedure but it can also cause mental stress.

Lack of Medical Staffing:

In South Florida, many hospitals are operating without enough staff to fully tend to all of the hospital’s patients. In most instances, the number of patients being admitted to the hospital is far more than the number of staff that is needed to treat patients properly. As a result, medical staff has more duties and responsibilities pushed onto them and can get overworked.

Improper Training or Supervision of Staff:

Hospitals and clinics are expected to work in accordance with the rules and regulations that are in place to protect patients. Unfortunately, safety protocols are not always followed and this can lead to injuries and in some cases fatalities.

Misdiagnosis:

This is one of the most common causes of medical malpractice cases. Without a proper or correct diagnosis, it is not possible to administer any medical treatment. Thus, errors at the diagnosis stage can lead to unnecessary or wrong procedures. A doctor can be held responsible for any damage to the patient’s wellness because of a wrong diagnosis.

Delayed Diagnosis:

A delayed diagnosis means that the patient did not get treatment in time and your health became worse as a result.

Surgical errors:

Surgery is quite often complicated. Patients usually try their best to avoid surgery if they can be treated with an alternative method or medicine. Surgical errors are a form of Medical malpractice and happen quite often in Miami. Unnecessary surgeries might include broken bones, pacemaker implant, cesarean section, coronary bypass surgery or hysterectomy.

Errors During Anesthesia Administration:

Anesthesia is supposed to be administered by a professional; this field is commonly known as the anesthesiologist. The anesthesiologist needs to evaluate the medical history of the patient before beginning the procedure. The professional is required to take note of any medication taken by the patient, any allergies, and the time duration of the operation to determine the right combination of drugs. Failing to do their job correctly can result in medical malpractice.

In medical malpractice claims, it takes an experienced attorney to determine who is liable for a patient’s injuries and damages. Some clients will come in and want to blame the doctor for their injuries, but many times we’ll find that the hospital was negligent too. Making sure we hold accountable all negligent parties is one of the most important functions of medical malpractice attorneys. Florida law allows you to sue hospitals, doctors, surgeons, and other medical professionals if they injure you. However, to obtain compensation for injuries, a plaintiff has the burden of proving the elements of a medical malpractice cause of action by the greater weight of the evidence. The elements of a cause of action for medical malpractice are: 1) a duty of care owed by the health care provider to the injured patient; 2) breach of that duty by failure to abide by the appropriate standard of care; and 3) a causal connection between the breach and the patient’s injury or death. What is the Standard of Care? An essential element of a cause of action based on negligence is the breach of a minimum standard of care. If a defendant falls below this standard of care and causes injury to another, he may be liable for his negligent conduct. But if an individual possesses knowledge, skill, or intelligence which is superior to that of the ordinary and reasonably prudent person, the law will demand that he conduct himself consistent with it. Professional persons, such as physicians and nurses, are generally required to possess a minimum standard of special knowledge and ability. Therefore, health care providers are required not only to exercise reasonable care in the medical services they perform, but also to possess a minimum standard of special knowledge and ability relating to medicine.

Health care providers in Florida must treat patients according to a certain standard of care. When they fail to do so, as a result of negligence or some wrongful act, patients may sustain injuries or even in some cases death. In the event a patient does suffer harm due to a medical professional’s negligence, the at-fault health care provider can be held responsible for any damages that result. As an injured victim of medical malpractice, you have the right to bring legal action against the party that harmed you, whether it be a doctor, nurse, or other type of health care provider. There are several types of damages that are recoverable in a medical malpractice lawsuit. Below is a list of damages available in medical malpractice cases:

There are time limits enforced by Florida law that prevent victims from filing medical malpractice lawsuits and recovering their damages if too much time has passed. Generally, medical malpractice victims in Florida must file a lawsuit within two years from the date that they discovered (or should have discovered) their injuries, or at the most within four years from when the malpractice occurred. The statute of limitations is different for cases involving minors injured before they are eight years of age, and there are exceptions in the case of health care providers who fraudulently conceal malpractice. Because the statute of limitation can bar victims from a recovery, it is important to consult an attorney as soon as possible. There are also certain pre-suit requirements in Florida. Florida requires medical malpractice victims to first serve a notice of intent to file a lawsuit to the health care provider before they can file a legal action in court. This includes having a sworn affidavit from a medical professional who agrees the victim has a valid claim. The notice results in a 90-day presuit process during which the statute of limitations is tolled (delayed). If a health care provider does not wish to settle or admit liability, victims have 60 days or however long they have left of the statute of limitations (whichever is longer) to file a lawsuit.

Medical malpractice claims are complex because they involve highly technical medical and legal facts. Because health care providers are also heavily insured, these claims can be contested aggressively by companies that put profits over people, and want only to deny or minimize your compensation. As such, working with a skilled medical malpractice lawyer in Florida can make all the difference in your case. If you have additional questions about your medical malpractice case, you should contact an experienced Miami medical malpractice attorney today! The attorneys at Suarez & Montero protect your rights, understand how the medical malpractice process works and know how to present a strong medical malpractice claim. We encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance with your medical malpractice claim. Make an appointment with us at one of our many locations. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you.