Archive for the ‘Medical Malpractice’ Category

Nursing Home Abuse And Wrongful Death Lawsuits

Wednesday, April 21st, 2021

Nursing home abuse in South Florida is a serious matter. Each year thousands of seniors are injured or even killed in nursing homes across the country. A study by the University of South Florida says that “Between 1 and 2 million Americans 65 and older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.” 

 

Seniors come to Miami for the tropical climate and relaxed lifestyle. This is also why many families choose it as the choice location for assisted living facilities. We entrust assisted care facilities with the life and well-being of our senior family members. Nobody expects that they would turn a blind eye when such an atrocity occurs. Even worse is when you discover that they tried to cover it up.

 

 A to Z Injury Law attorneys are experts in the field of nursing home abuse. We will make sure the guilty pay for their crimes by ensuring you and your loved one are justly compensated.

Examples of senior abuse in nursing homes.

A common example of senior abuse is that of a nursing home patient who had a heart attack and died. In this type of situation, the patient’s family may decide to sue the facility. The first thing you will want to do is get a professional nursing home liability attorney to assess your case. 

 

Your best-case scenario may be a suit against the homeowner or operator of the home. If you win the suit, you may be able to collect compensation for medical bills, funeral expenses, and loss of income.

 

Suffering an injury while in someone’s care could be another example of nursing home abuse. In this instance, the family of the patient may decide to press charges against the facility. You’d have to prove the injury was due to negligence on the part of a staff member, facility, or both. These suits can be costly but with the right attorney, you can receive compensation for injury, pain, and suffering.

 

Another common scenario is that of a nursing home accident. In these instances, the patient’s family may decide to file a lawsuit in an attempt to get their deserved compensation. Nursing home lawsuits are very common because most of these victims do not receive voluntary compensation from the facility.

 

Many victims of nursing home abuse suffer long-term psychological effects from their experience. This is why so many families opt to pursue a legal case through a nursing home lawsuit. It is not the physical injuries and pain that must be addressed. The effects of mental trauma and anguish are something that can last a lifetime.

Types of compensation available for victims of senior abuse in Miami.

If a loved one has experienced a wrongful death in a nursing home, there are several ways to obtain compensation. One way is through a wrongful death lawsuit. Another is through a medical malpractice claim. There are also other options available such as a financial lawsuit or a class action.

 

A wrongful death lawsuit can be filed either by the patient or by anyone related to the patient. If you or a loved one have been harmed by a doctor, you should contact a wrongful death or medical malpractice lawyer. They should offer a free consultation to help you decide if it is worthy of pursuing.

 

Medical malpractice is another way to file a wrongful death lawsuit. These suits can also be filed by relatives who have died because of medical negligence. This type of suit can be difficult to prove, so it may not always be successful. A skilled attorney may be able to make it a strong possibility.

 

The team at A to Z Injury Law is available 24/7 and is committed to protecting our great Miami seniors from neglect and abuse. Click here for a free consultation.

We can also be reached at (561) 889-7056.

What to do if You’re a Victim of Medical Malpractice

Monday, March 22nd, 2021

At A to Z Injury Law, we have seen many cases of medical malpractice. In fact, our firm has recovered around $2,350,000.00 in medical malpractice cases. Sadly, medical malpractice is not an uncommon occurrence. 

Johns Hopkins University conducted an eight-year study and found approximately 250,000 counts of medical malpractice each year. Misdiagnosis, delayed diagnosis, and failure to diagnose are the most common causes. 

Medical malpractice should always be taken seriously, as it can lead to mild to severe injuries, and even wrongful death. It occurs far too often in the U.S. 

 

What is Medical Malpractice? 

This is when a medical professional fails to do his or her duties adequately, and as a result, has caused harm, injury, or death to the patient. A medical malpractice lawsuit is among the most challenging of personal injury cases, so it’s important you have everything necessary to move forward with the litigation. 

 

Establishing Proof 

To show proof of medical malpractice, you must be able to prove that there was a relationship between you and the medical professional you are suing. As long as you hired the medical professional to treat your condition, this will be easy to prove. 

Next, you need to prove that the medical professional was negligent. If the doctor’s medical care was not within the “standard of care” protocols, and you were harmed as a result, you need to be able to prove this. In some cases, another medical professional can testify and explain how your doctor or nurse didn’t follow the accepted protocols. 

Additionally, you will need to prove that the doctor’s negligence caused harm or injury or wrongful death of a loved one. There are cases where medical professionals were negligent, but negligence may not have caused the patient’s injury or death. 

For example, if a patient was admitted for a life-threatening condition, that condition may have resulted in the patient’s death. You must prove that, not only was the medical professional negligent, but his or her negligence was a direct cause of the patient’s suffering. 

As you can see, it is a very tedious and long process, but necessary if you believe you or a loved one has been a victim of medical malpractice. You may be awarded damages for financial loss, as well as pain and suffering. 

 

Examples of Negligence

Even if you know the doctor did not follow the “standard of care” protocols, you cannot sue for medical malpractice unless you or a loved one has suffered as a result. You can sue for the following forms of negligence:

  • The doctor performed unnecessary surgeries or procedures, which resulted in additional medical expenses, pain, mental anguish, etc.
  • The doctor misread laboratory results, which resulted in the patient experiencing physical pain, mental anguish, etc. 
  • There was a surgical error, which resulted in pain, anguish, kept the patient from returning to work, etc. 
  • The doctor failed to recognize symptoms or misdiagnosed a condition, which resulted in physical pain, mental anguish, etc. 

 

Contact a Lawyer First 

Don’t contact the hospital when you suspect medical malpractice. Do not leave a review about the medical facility or talk about it on social media or online forums. You don’t want to risk the chance of it being used against you in court. The first thing you should do is contact a lawyer who specializes in medical malpractice law, like the personal injury attorneys here at A to Z Injury Law. 

Your lawyer will help you file your suit correctly, and quickly. Promptness is crucial to stay within the Statute of Limitation. The timeframe to bring a lawsuit varies depending on the state but often doesn’t give the patient much time to gather their evidence to move forward. In Florida, the statute of limitations for medical malpractice is two years from when the patient should have known when a medical professional’s negligence resulted in an injury. Because of this, your first step should be to call a lawyer. 

We Can Help

If you feel like you are a victim of medical malpractice, call the office of A to Z Injury Law today at (305)889-7964. We will provide a free case review.

6 Important Facts About Medical Malpractice

Friday, February 12th, 2021

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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