For many people, the relationship they have with their doctors is one of the most respected and trusted relationships there is. Unfortunately, doctors are not superhuman. Even though these medical professionals can save lives, they also make mistakes that can result in catastrophic injuries, disastrous outcomes, and astronomical medical expenses that affect the whole family.
What is even worse is quite often, these cases are incredibly complex and challenging to prove—leaving the patient feeling as they have to deal with this devastating ordeal on their own. Luckily, they do not have to.
If you believe you suffered harm due to medical malpractice, do not wait. Contact the Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers immediately and let our Miami medical malpractice attorneys provide you with the legal help you need and fight for the justice you deserve.
Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA
At Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, our goal is to maximize the amount that our clients receive in damages and we do not settle for less than what we believe their case is worth. As a firm, we make it a point to provide our client's the attention they need by meeting with them one-on-one and discussing what happened and how we can help.
When you work with the Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, you can rest assured we can act quickly to figure out your potential legal options, the available compensation sources we can pursue, and fight hard to secure every dollar your injury has cost you.
As a result of our dedication and drive, we have collected millions in settlement awards and jury verdicts for our clients, with some of our most recent awards including:
$3,200,000.00 for a semi-truck accident
$1,400,000.00 for a motorcycle accident
$1,750,000.00 for a truck accident
$1,000,000.00 for a wrongful death
While no result can be guaranteed, contact us today to see what we can do for you.
What Is a Miami Medical Malpractice Claim?
A medical malpractice claim is a claim of negligence committed by a medical health care provider, whose treatment of a patient departs from a reasonable standard of care met by other medical professionals with similar experience and training, and results in harm to the patient.
However, for a case to be considered medical malpractice under the law, it needs to meet the following elements:
Doctor-patient relationship: Before medical malpractice can be established, a doctor-patient relationship needs to have existed, where the doctor owed the patient a duty of care. This relationship usually develops when the doctor agrees to treat the patient, and the patient agrees to be treated by that specific doctor.
Breach of standard of care: In the medical profession, there are specific standards recognized as proper medical treatments by reasonably prudent medical care professionals under similar circumstances. These actions are known as the standard of care. As a patient, you have a right to expect that the health care professionals that treat you abide by these standards. If you can show that they did not, then negligence may be established.
Negligence caused an injury: It is not enough to show that a medical care professional violated the standard of care. You also need to show that you sustained injuries that would not have occurred in the absence of negligence. This means that you need to prove that the medical care provider's negligence caused your harm. If negligence did not cause the injury or the injury resulted without negligence, then there is no medical malpractice case.
Significant damages resulted from the injury: Medical malpractice suits are incredibly costly. Consequently, unless you can show that you have significant damages that resulted from your medical negligence injury, the cost of pursuing the case may be greater than the potential recovery you can receive. That is why if you want to proceed with a Miami medical malpractice claim, you need to show that your injury resulted in a loss of income, severe pain and hardship, a disability, and substantial medical bills.
Unfortunately, it can be quite difficult to determine whether you have a viable medical malpractice claim. However, when you work with the Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, our medical malpractice attorneys treat every case as a unique story, helping to ensure your potential claim gets the personalized attention it needs. Once we go over your case and figure out what happened, we can help determine whether you have a viable claim and figure out what legal options you could pursue.
Who Can Be Held Responsible for Medical Malpractice in Miami?
The term medical care professional does not just refer to a doctor or mean that a physician is the only party that can be held liable in a medical malpractice suit.
In fact, it refers to numerous other health care positions and medical organizations, including:
Rehabilitation and physical therapy centers
Common Types of Medical Malpractice in Miami
According to a Johns Hopkins study, medical errors are the third leading cause of death in the United States. Almost 250,000 individuals are killed each year because of medical negligence. There are thousands of ways these medical errors can occur.
The most common types of medical mistakes that lead to a Miami medical malpractice claim include:
Surgery errors: Many times, surgical issues result when a surgeon operates on the wrong patient, on the wrong site, or leaves a medical tool inside a patient's body.
Failure to treat: This medical error happens when a medical professional correctly diagnoses a patient's issue but then does not treat the condition in accordance with the acceptable standard of care. This can include discharging a patient too early or not providing proper follow-up assistance.
Misdiagnosing a condition: Failing to properly diagnose a medical condition is one of the top medical mistakes that medical professionals make. Even though the most misdiagnosed conditions often include cancer, infections, and heart attacks, the result of misdiagnosis remains the same: devastating consequences for the patient.
Prescription drug errors: Prescribing the wrong medication, the incorrect dosage, or even administering the prescription drugs incorrectly can result in harm to the patient.
Birthing injuries: Pregnancy and birthing injuries make up a significant portion of medical malpractice cases. Conditions such as nerve damage, spinal cord injuries, or cerebral palsy are common birth injuries that occur because of medical errors or negligence.
Compensation Available in a Miami Medical Malpractice Claim
If you have been harmed because of a medical professional's negligence, you may be entitled to compensation for the injuries you sustained. Typically, this compensation includes:
Economic damages: These are actual and verifiable losses that result from the incident and often include:
Medical bills including past, present, and future medical expenses such as doctor visits, surgeries, hospital stay, and prescription medications
Lost earning capacity
Rehabilitation therapy costs such as physical therapy or occupational therapy
At-home nursing care
Other out-of-pocket expenses
Non-economic damages: These losses also result from the accident but are rather subjective and not easily quantifiable.
Pain and suffering
Loss of companionship
Loss of consortium
Loss of a limb
Loss of enjoyment of life
Punitive damages: Unlike the other compensatory damages which compensate the victim, punitive damages punish the defendant for egregious actions and wrongdoings and deter them and others from committing this act again in the future. However, the court will only grant punitive damages in exceptional cases. Specifically where the victim shows with clear and convincing evidence that the defendant was guilty of intentional misconduct or gross negligence.
The Statute of Limitations for Filing a Medical Malpractice Suit in Miami
The statute of limitations is a law that imposes maximum time limits for taking legal action following an alleged offense. If an individual does not bring a claim within this deadline, they cannot collect compensation for the harm they endured.
In Florida, the statute of limitations for a medical malpractice claim is two years after the individual discovers or should have discovered that a medical care provider's actions resulted in their injury or a loved one's death. However, this statute of limitations also contains numerous exceptions, and even exceptions to the exceptions, that can end up shortening or lengthening the amount of time you have to file.
That is why, if you believe you have a medical malpractice claim, you must discuss your case with the Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, as soon as possible. Our personal injury lawyers can promptly get to work, figuring out not only how much time you have to file your case, but also helping to ensure that all your legal documents and motions are filed correctly and within the allotted period.
Consent Forms and Miami Medical Malpractice Lawsuits
Many times before taking part in a medical procedure or a treatment plan, you will have to sign consent forms. These consent forms identify the medical procedure you will take part in and the reasonably known risks of this procedure. However, even if you sign this consent form, it does not mean you consent to negligent care. A medical professional is still responsible for providing you an acceptable level of care. Consequently, if the medical professional deviated from this standard and you suffered injuries as a result, you may still have a viable medical malpractice case regardless of whether you signed the consent form.
Miami Medical Malpractice Lawsuits Require a 90-Day Post-Notice Period
There are numerous procedural nuances when it comes to filing a medical malpractice claim in Miami. One of which is the notice that a patient must provide to the potential defendant(s), which indicates they intend to file a medical malpractice claim against them. Once this notice is provided, it will stop the statute of limitations for 90 days and halt the clock on the four-year maximum time to take legal action.
During this post-notice period, the defendant has time to investigate the malpractice claim, take part in the discovery, and provide a response—which will include either a settlement offer, a rejection to the claim, or an offer to admit liability and arbitrate damages. However, during this time, the patient cannot file a lawsuit for 90 days.
The Importance of Retaining the Right Miami Medical Malpractice Lawyer
Medical malpractice claims can be incredibly complex, tedious, time-consuming, and demanding. They not only require an attorney that has experience handling these difficult cases, but one that has a sound understanding of the state's laws and the resources to investigate the incident properly. Fortunately, at Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, our medical malpractice lawyers can provide you with this and more.
Once retained, our legal team can:
Go over your case in detail, discuss your possible legal options, and answer any questions and concerns you may have.
Investigate your accident thoroughly and secure critical evidence that can show what happened and who was at fault.
Bring in the experts to help substantiate your claims.
Handle the negotiations and discussions with the insurance companies, helping to ensure you do not say anything that can hurt your claim while fighting for a fair settlement amount on your behalf.
Take your case in front of a judge or a jury, and fight for maximum damages.
If you or someone you know suffered harm at the hands of a medical professional, do not wait to seek legal help. Medical malpractice has disrupted your life, and it is time to fight back. At Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers, PA, we want to help you not only regain the money you need to start rebuilding your life but also to make sure you get the justice you deserve. Contact one of our Miami medical malpractice attorneys today or call our office at 833-552-7274 to schedule a free consultation.
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This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.