Archive for October, 2020

Medical Malpractice Lawsuits in Miami – Not Your Average Case

Monday, October 26th, 2020

Even Good Hospitals and Doctors Make Mistakes

Did you know that more than 250,000 people in America die each year from medical provider negligence and errors, according to a study by Johns Hopkins University. Medical malpractice lawsuits can be among the most difficult personal injury or wrongful death cases to win for a variety of reasons, and particularly against physicians.

Medical facilities can be negligent in the manner in which they care for patients. This could be attributed to the facilities often working in teams which can lead to communication errors due to lack of proper information and or expertise within the workers.

The size of the hospital does not necessarily indicate the ability of the staff, and injuries can occur to patients at larger facilities such as Mercy Hospital, Jackson Hospital, Baptist Health of Miami, or even Mount Sinai Hospital here in Miami, Florida.

Mistakes can happen in treatment and/or care practically everywhere that patients are admitted.

Being properly compensated for those mistakes requires experienced and knowledgeable legal representation by malpractice attorneys who understand the medical technology involved, the terminology and especially in the Miami area – what are the specific laws on the books, who the judges are and how to handle the insurance companies. For these reasons and others, ‘med mal’ cases are assuredly not simple general lawsuits on any level.

Startling Statistics

There are some startling statistics concerning medical malpractice lawsuits across the United States, and the state of Florida is near the top of the list for cases filed and reparations paid.

According to NPBD data, Florida ranks third during the years of 2009-2018 with a total claim payout of $2.488 billion in compensation for almost 11,000 cases. Florida follows only New York and Pennsylvania in the national statistics.

The highest point of the amount of payout was registered in 2018 and signs indicate this is trending upwards. People are realizing that they do have recourse when a doctor or treatment facility they trusted with their care fell short of the professional standards expected.

Why You Need a Dedicated Medical Malpractice Lawyer

The legal world is vast and medical malpractice is an extremely specialized segment of this environment. Attorneys who are not properly educated, trained and experienced in the specialty of medical malpractice tend to be outside their depth as opposed to attorneys who have put in the time to excel in this arena.

If you have suffered an injury at the hands of someone in the healthcare profession, you need an experienced lawyer with an in depth understanding of not only the law, but of medical procedures, anatomy and healthcare technology. Attorney Ruben V Chávez of A to Z injury law began his carrer defending insurance companies and Doctors and knows exactly how they defend cases, and how to beat theme.

There are many forms of medical treatment, and cases against negligent medical professionals can include malpractice issues with:

  • Dentists
  • General Internal Physicians
  • Specialist Physicians
  • Physical Therapists
  • Surgeons
  • Treatment Facilities
  • Psychologists
  • Nursing Homes
  • Long Term Care Facilities
  • Assisted Living Facilities
  • Birth Specialists
  • Medical Device Installation Technicians

Problems can arise and injuries occur when any one of these categories of medical treatment workers, or others, make mistakes or are negligent in their assigned duties.

While most healthcare specialists will follow the recommended treatment, protocols or medical defense initiatives, some doctors and facilities will opt for unusual treatment recommendations that do not meet established guidelines.

Failure to follow reasonably recommended treatment guidelines is a component of many ‘med mal’ cases, and having a comprehensive Miami medical malpractice lawyer on your side who is well-versed in these guidelines means that your case can be properly investigated while being crafted for presentation to the court or insurance provider.

Potential Damages

The range of remedies for compensation in this type of lawsuit is very similar to other personal injury cases, but the degree of negligence and extent of injury are the primary factors in the final outcome of a case.

Not only can legal expenses be recovered, but injured victims can be reimbursed for medical bills, lost ability to work, and long-term damage as a result of the injury.

Cases such as a child birth injury or a surgical mistake can be extensive because they can impact the remainder of the victims life. General damage amounts are usually what actually makes the injured plaintiff financially whole after the fact, and it takes an experienced medical malpractice attorney to itemize the potential problems the patient will face going forward in life. And when a case is the result of a death in treatment, punitive damages can even apply in certain egregious instances.

A to Z Injury Law – “We’re With You…All the Way!”

Always remember that details in treatment matter greatly when a medical malpractice case is being processed, and the attorney you choose matters greatly as well. These are highly specific claims and attorneys must know the ropes of the medical industry to understand where to investigate in establishing a case. This is why it is vital to have an aggressive and seasoned Miami medical malpractice attorney who can craft a case for maximum financial recovery by pinpointing all of the negligence factors involved in causing the injury.

The Plight of Construction Workers in Miami

Monday, October 26th, 2020

Construction Accident Injuries Are Always a Risk

Until recently, Miami construction activity was white hot, and while it has slowed down recently due to the Pandemic overall construction in the area is expected to rise by 4.9% in 2021 as the economy begins its rebound, according to Cumming Management Consulting.

Building activity ranges from ultra modern condominiums on Miami Beach to commercial buildings on Brickell Ave. in and around City Centre. Although it’s good for the city, construction sites expose workers to work-related injuries. The Industry is among the most dangerous, even with OSHA regulations, with one out of every five worker deaths being construction related.

As you are well aware, if you are a construction worker, you are subjected to physical work most of the time. You might also come into contact with heavy machinery such as cranes and cement mixers or climb to great heights on girders or scaffolding, or perform other work-related tasks which put you in harm’s way.

Common Injuries on Job Sites

Depending on your role on the jobsite – whether it be foreman, carpenter, equipment operator or general laborer, you are exposed to different risks. In South Florida, two construction workers sustain injuries daily while at work. Here are some of the most rampant causes of injuries:

  1. Falls

You might fall from the top of a building or from the machinery to the ground, sustaining serious injuries. You might also fall into a hole or ditch on the site. Although OSHA has strict rules regarding the stability of scaffolding, accidents can still happen. When scaffolding collapses, a worker can fall, leading to death or get severe injuries.

  1. Electric Shock

Construction workers may use generators or other power tools. In the process, they might suffer electrical burns.

  1. Motion Injuries

Some construction projects might go on for years. Therefore, the workers’ bodies do the same work repetitively. As a result, their muscles and soft tissues might get damaged, leading to pain and limited mobility.

Besides these causes, construction workers might get involved in traffic accidents while at work, or accidents caused by equipment errors.

What are your Options?

Job site injuries might lead to huge medical bills that need to be settled. Besides, if you sustain some injuries, you might be forced to stay out of work for some time or quit whatsoever. Raising money for medical bills while you’ve lost your income might be overwhelming.

However, the laws in Florida have been put in place to ensure that you don’t bear the burden alone. An injury lawyer can help you weigh your options.

If you sustain injuries on the job, you are entitled to workers’ compensation. The compensation covers medical costs, as well as lost wages. If you become disabled, either temporarily or permanently, you are also entitled to disability benefits. You can get full disability benefits if you can no longer work after the accident. You cannot sue your employer for a construction injury. However, you can take action against them by claiming your compensation.

However, you can sue someone else, other than your employer, if they led to your construction accident. For instance, if an architect’s negligence led to the accident, you might stand a chance in court. You can also sue a manufacturer if its defective tool or machine led to the accident.

Find an Experienced Accident Attorney

If you or a loved one in the Miami construction industry gets hurt while on the job, it would be best to hire a top rated construction injury lawyer. They will give you comprehensive legal advice and help you gather the evidence required to prove your eligibility for compensation. In case of any conflicts, a personal injury attorney would be in a better position to negotiate a settlement with the responsible parties. A to Z Injury Law offers all the legal representation you need. At A to Z Injury Law in Miami, “we’re with you…all the way!”

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