Medical malpractice lawsuits can be filed in the event of proven negligence by a healthcare provider. Broadly covered under the ambit of personal injury law, malpractice claims can be filed in the instance of medical error committed during treatment. The failure to provide a certain level of care that is anticipated from a healthcare provider may also result in a malpractice claim.
If you have been recently injured by the negligence of a doctor or a healthcare provider, it is time to seek legal advice regarding the matter. Recent studies suggest medical negligence results in many deaths and non-fatal injuries. Therefore, it is important to shed light on such cases and punish the guilty party.
Medical malpractice claims can be filed for numerous cases. Although the list can be quite extensive, here’s a list of common medical errors.
- Delayed diagnosis or misdiagnosis
- Errors in providing medication
- Laboratory test errors
- Surgical errors
- Negligence during childbirth
- Issues during anesthesia
What does the medical malpractice law in Miami, Florida suggest?
To prove a healthcare provider guilty of malpractice, certain guidelines have been laid down. In Miami, a patient can file a malpractice claim if the injuries are proved to be caused due to negligence. If the doctor or healthcare provider fails to conform to care standards set by other such institutions in the area, a malpractice lawsuit can be filed.
As per Florida law, medical malpractice cases can be lodged within 2 years of the incident. So, if you feel you have been injured by the negligence of a doctor, consult a legal advisor immediately.
Compensation for Injury
The compensation for medical negligence is commensurate with the extent of personal injury. It generally covers economic as well as non-economic damages pertaining to surgeries, hospital expenses, rehabilitation and disfigurement. Claims are also made for mental anguish, loss of work and the pain and suffering associated with such injury. If the plaintiff complains about a misdemeanor, punitive damages may be enforced on the concerned party.
Filing a Medical Malpractice Case
If you or your loved one have been hurt due to a medical procedure, you have every right to seek justice. But, it is not applicable for cases where you did not get the desired outcome despite the doctors’ best efforts. So, to weigh your options and understand the legalities associated with a malpractice claim, consult a lawyer.
After a thorough assessment, your attorney will be able to guide you about the future course of action. To file a case of malpractice, the attorney needs to find adequate proof. To aid the process, keep all your diagnostic reports, prescriptions and bills handy. If required, take photographs of the injury caused due to medical negligence. Try to take a few witnesses in confidence. It will help to present a strong case in court and the trial is likely to be more effective.
If you are worried about expenses, get in touch with a law firm that takes cases on a contingency fee basis. In that case, you are required to pay only after you win the case.