Miami Medical Malpractice Lawyer
Going to the doctor in Miami is a nerve-racking experience for most people. Whether you’re undergoing a medical procedure, giving birth, or receiving a diagnosis and treatment for an illness, trusting the trained medical professionals who work at your nearest Miami hospital is your best option for recovering and getting back to normal life. Unfortunately, not all medical professionals provide equal levels of care.
If a medical professional harmed you in Miami while providing treatment and you think negligence was a factor, then you can file a medical malpractice lawsuit against them. A Miami medical malpractice lawyer from Fischer Redavid PLLC can review the details of your case, gather evidence to support you in court, and work hard to ensure the medical professional is held accountable.
Has a medical professional harmed you through negligence? If so, you may have grounds for a medical malpractice lawsuit. Consult a medical malpractice attorney in Miami for advice on how best to move forward with your case.
Defining Medical Malpractice
Medical malpractice occurs when a medical professional, such as a doctor or nurse, harms a patient because they failed to treat using the proper standard of care. By acting negligently in their treatment, the medical professional can be held liable for any damages they inflicted to the patient. The hospital in which the medical professional works can also be held liable.
Medical malpractice doesn’t include harm that occurs because of predicted and warned risks associated with a medical procedure. It also doesn’t include any injuries you incurred because of self-harm. Medical malpractice occurs only when the medical professional or hospital is negligent.
Common Medical Malpractice Cases in Miami
There are many instances of physical or emotional injury that can be considered medical malpractice in Miami. A doctor may make a surgical mistake that leads to injuries, such as leaving an instrument inside you, performing the wrong surgery on you, or performing the right surgery on the wrong body part. A hospital may also fail to keep the surgical area clean, which can lead to infection.
Birth injuries are also a common result of medical malpractice. Birth injuries can result from a failure to provide oxygen to the baby during delivery, a failure to order a C-section when necessary, and excessive force used during delivery.
Other types of medical malpractice in Miami include misdiagnosis of an illness, failure to diagnose an illness, and hospital negligence, such as discharging a patient too soon or failing to admit a patient.
The Miami Medical Malpractice Claims Process
Florida employs a statute of limitations of two years for medical malpractice claims. You have two years from the date of your injury or illness to file a claim with the Florida court system. This time limit can begin at a later date if evidence of malpractice surfaces after the date of treatment.
To successfully file a Miami medical malpractice claim, you must receive a sworn affidavit from a medical professional practicing in the same field as your treating physician. The sworn affidavit must state that the medical professional believes there’s reasonable cause of medical malpractice because your treating physician breached the standard of care.
In addition to a sworn affidavit, you must prove that your treating physician’s breach in the standard of care directly caused your injury. For example, if your doctor didn’t wash your leg before surgery and you suffered an infection after the surgery, you must prove that these two events were related.
Lastly, you must prove that you suffered harm because of the medical malpractice. If you suffered an infection, you can explain that your medical expenses increased because of the infection, you lost wages from missing more work, and you were in emotional distress because of the infection. These damages will show the court how the malpractice affected your life.
Contact a Miami Medical Malpractice Attorney
Medical malpractice claims in Miami are more complex than any other type of personal injury claims. You’ll likely be suing a large hospital corporation for your injury. Hospitals have deep pockets and expensive lawyers ready to fight. To have a strong chance of winning your case, you’ll need an experienced attorney by your side.
At Fischer Redavid PLLC, we have an in-depth understanding of Florida medical malpractice laws and we can use our knowledge to help you.