Posts Tagged ‘Medical Malpractice’

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.

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.

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Medical Malpractice Lawsuits in Miami – Not Your Average Case
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