April 18, 2024
Law

A Complete Guide To Medical Malpractice Lawsuits

Medical Malpractice Lawsuits

While we expect medical practitioners to do their best to ensure our wellness, certain faults can occur during treatment causing devastating injuries or even death. Surviving parties remain with hefty bills to foot or no income, where the victim is the breadwinner. Fortunately, you do not have to bear the damages alone, as the law has a provision for medical malpractice lawsuits. 

While medical malpractice lawsuits rank among the most complex cases, the processes are much easier with the help of an attorney to get the compensation you deserve. Therefore, if you think your injury or that of your loved one is the result of the negligent actions of a healthcare provider, this article is for you.

Types Of Medical Malpractice Lawsuits

Medical malpractice occurs when a medical professional offers inappropriate treatment or fails to take the necessary action, causing a patient injury, harm, or death. If your healthcare professional commits one of the following acts, you can liaise with a medical malpractice attorney in Miami to explore your legal options.

  • Failure to diagnose your condition or wrong diagnosis
  • Lack of informed consent
  • Disregards or misreads a lab result
  • Improper prescription
  • Poor follow-up care
  • Premature discharge
  • Botched treatment
  • Birth injuries
  • Surgical error or surgery on the wrong site

Who Can You Sue For Medical Practice

For medical malpractice, you can sue healthcare providers, including doctors, chiropractors, dentists, nurses, lab technicians, hospitals, and clinics. Under vicarious liability, health facilities are liable for their employees on the job negligence.

The Statute Of Limitations In Medical Malpractice Lawsuits

The statute of limitations is the duration you have to file your medical malpractice lawsuit. In Miami, this duration is two years, starting from when you become aware or should have become aware of the medical malpractice. Filing the claim after the expiry of this duration will result in dismissal hence the need to work with a medical malpractice attorney in Miami, as they will capture all your case details within this timeline.

Elements Of A Medical Malpractice Lawsuit

In order to get compensation for the injuries suffered following a medical practice, your medical malpractice attorney in Miami should establish the following elements of your case:

  • The Doctor Owes You Duty Of Care

Following a doctor-patient relationship, the healthcare provider owes the patient a duty of care. This duty requires them to adhere to the standard medical guidelines in the field and act like any other professional would in the same situation.

  • Breach Of The Duty Of Care

For a successful lawsuit, your lawyer will present evidence that your healthcare professional breached the duty of care.

  • The Plaintiff Suffered Injuries

As a plaintiff, you must show proof of injury following the actions of a negligent medical professional. For instance, if your surgeon used a contaminated tool to perform surgery, causing infection, your lawyer will help prove that the dirty tool directly caused the infection.

  • The Damages Are The Direct Result Of The Injuries

After proving the injuries, your lawyer will also prove you suffered damages from the injuries. These damages include economic and non-economic such as medical bills and missing work.

Types Of Damages In A Medical Malpractice

Medical malpractice can result in serious harm, and your attorney will help you understand the compensation you are entitled to, negotiate the settlements, and make a strong case to ensure you get the compensation you deserve for your present and future losses. In a successful medical malpractice lawsuit, you will receive compensation for damages, including lost wages, medical bills, emotional distress, pain, and suffering.

Why work with a Competent Medical Malpractice Attorney in Miami?

Like any other business, insurance companies aim at maximizing profits and will use the slightest opportunity, including paying out fewer settlements for victims of medical practice. This is why you should work with a medical malpractice attorney in Miami. While you will get recommendations from friends and family, consider non-negotiable traits, including the lawyer’s years of experience in similar cases, communication skills, availability, and negotiation skills. By interviewing more than one lawyer, you will establish one that is a suitable match for your case.

Contact An Attorney For Your Medical Malpractice Lawsuit

Medical malpractice lawsuits can be complex, taking time and involving lots of money. By contacting a lawyer as soon as possible, you will get help obtaining relevant evidence and negotiating a settlement, increasing your chances for fair compensation.

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