6 Important Facts About Medical Malpractice

February 12, 21

6 Important Facts About Medical Malpractice


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Sadly, medical malpractice occurs far too often in the U.S., and at A to Z Injury Law, we have defended many clients who demanded justice after this traumatic experience. Errors in the medical profession are largely due to the inadequacy of the medical system, which allows hospitals and pharmacies to be understaffed, while the professionals are overworked. Whether the error was caused intentionally or accidentally, as a patient, you deserve the best treatment from your healthcare professionals, and if they make a costly mistake, it’s not your responsibility to clean it up.  Our medical malpractice attorneys in Miami have listed important facts about medical malpractice so you can be better prepared if it happens to you. 

What is medical malpractice? 

Medical malpractice happens when a medical professional does not provide the “standard of care” while treating a patient. For example, a doctor incorrectly diagnoses a patient, or a nurse administers medication without checking if the patient has allergies. If the patient was injured because of these errors, then it would be considered medical malpractice. In many cases, the error was unintentional, and the medical professional may admit to it or apologize right away. This admission of guilt can lead to a settlement without the need for litigation. But it doesn’t always happen this way, which is why it’s best to hire a medical malpractice attorney near you!

How to prove medical malpractice.

Before you consider filing a medical malpractice lawsuit, can you prove that medical malpractice exists? There are a few steps to help you prove medical malpractice and these steps will help you determine if you have a solid case. They are listed below: 

  • Doctor-patient relationship: Prove that the doctor or medical professional treated you. 
  • Medical negligence: Prove that there was negligence and that your injuries were a direct result of the medical professional’s negligence. Your attorney will do interviews and select someone to provide expert testimony. 
  • Damages: Prove that you suffered from damages. This may come in the form of additional costs for medical treatment, lost wages because you were unable to work, and/or pain and suffering (physical and mental) caused by the medical professional’s negligence. 

What Should a Patient Do if They Suspect Medical Malpractice? 

If you suspect you were a victim of medical malpractice, you should contact an attorney immediately. Proving whether medical malpractice occurred is a difficult venture. Your medical malpractice attorney will review the case, perform necessary interviews, and look at medical records to determine if there is an actual case. For the best outcome, it’s advised that you contact an attorney and do not pursue this on your own. If you live in Miami or the surrounding areas, contact Erik Alvarez, a personal injury attorney from A to Z Injury Law that can help get the results you want.

How to Choose a Medical Malpractice Lawyer 

Choose a lawyer who has previous medical malpractice experience, and preferably has gone to court. The latter may seem like a no-brainer, but you will find many lawyers who settle without going to trial. Your case may not go to court, but you want the assurance that if it does, you have the best representation. In addition to experience, your attorney should offer you a free consultation. After that, work out the potential cost of the case and whether you must make payment upfront, or only if your attorneys will only be paid if you win. 

Is There a Deadline to File a Lawsuit? 

In every state, there is a statute of limitation to file a medical malpractice lawsuit. In Florida, you must start your lawsuit within two years of discovering the injury. Depending on the situation, it may be extended to up to four years, but no later. If you have any questions about this deadline, you should speak with a licensed attorney in the state where the medical malpractice occurred. Once you have this information it will help you decide which steps to take. 

What Can Be Done to Prevent Medical Malpractice? 

Remember that knowledge is power. Know your condition, symptoms, possible treatments, and know your doctor. If you aren’t certain about something, don’t be afraid to ask questions. Far too often, patients don’t want to step on their doctor’s toes, so they don’t voice their concerns. Your health is important, so speak up and don’t be afraid to get a second opinion. Finally, if you believe you were a victim of medical malpractice, contact Erik Alvarez, a personal injury attorney in Miami today.

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