Medical doctors have an important responsibility for patients under their care. They are entrusted to have the health of their patients as their foremost priority. Unfortunately, some doctors do not take their duties seriously because of inexperience, lack of sleep, desire for personal gain, or negligence. When a patient is injured due to the reckless actions or negligent behavior of a healthcare professional, he or she may file a medical malpractice claim in order to seek compensation for their injuries. The claim may be brought against all members of the healthcare industry, including doctors, surgeons, and nurses, if the provider acted negligently and the patient sustained injuries or losses as a result.
At Morgan & Morgan, our medical malpractice attorneys have handled thousands of medical malpractice lawsuits in Florida and have the experience needed to prove all types of medical malpractice claims, including those involving surgical errors and misdiagnoses of serious medical conditions.
Have you or a loved one been injured due to the negligent actions of a healthcare professional in Miami? If so, our Miami medical malpractice attorneys may be able to help you recover compensation for your pain and suffering. There is a time limit in Florida in which to file a medical malpractice lawsuit, so it is important that you contact us as soon as possible. If you are ready to pursue a claim, please fill out our free, no-risk case evaluation from today.
What is Medical Malpractice?
Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient, according to the National Center for Biotechnology Information. For example, if a doctor misreads an x-ray image and fails to correctly diagnose his or her patient’s medical condition, the patient may be considered a victim of medical malpractice.
In Florida, the law requires that doctors and other healthcare providers inform a patient of the possible risks associated with a recommended medical procedure. If a doctor fails to inform his or her patient of the potential side effects of a procedure, and the patient suffers from those side effects, the patient may be able to file a medical malpractice lawsuit.
Types of Medical Malpractice
Our Miami medical malpractice attorneys represent clients in various types of medical malpractice lawsuits, such as:
- Birth injuries
- Emergency room errors
- Failure to obtain informed consent
- OB/GYN negligence
- Radiation injuries
- Pharmacy malpractice, including medication errors
- Misread x-rays and ultrasounds
- Plastic surgery malpractice
- Failure to listen to the patient
- Psychiatric malpractice
- Surgical errors, including anesthesia errors and postoperative negligence
- Spinal cord injuries
- Defective medical devices
- Performing unnecessary surgery or medical procedures
- Chiropractic negligence
- Dental malpractice
The Medical Malpractice Lawsuit Process
Investigate Your Case: A Miami medical malpractice attorney will review the facts of your case, determine the extent of your injuries, interview witnesses, and work with medical experts to prove that you were, in fact, a victim of medical malpractice.
File a Lawsuit: After the investigation is complete, your medical malpractice attorney may draft a complaint with the court. The person or hospital that is being sued will respond to the allegations contained in your lawsuit. After the response has been filed, your case will go into the discovery phase, where the doctor or healthcare professional may be required to testify at a deposition. The medical professional will answer questions under oath regarding the medical services that were provided to you.
Review Settlement Offers: Many medical malpractice lawsuits settle before going to trial. If you receive any settlement offers, your attorney will help you determine if it provides adequate compensation for your injuries. If not, your attorney may negotiate on your behalf for a larger settlement offer. As part of the negotiation process, your attorney may present evidence and expert reports regarding the full extent of your injuries.
Litigate Your Lawsuit: If the negotiations do not produce an adequate settlement offer, your attorney will prepare your case for trial. The medical malpractice lawyers at our firm are experienced trial lawyers who have developed a successful track record in the courtroom.
What Can I Recover in a Medical Malpractice Lawsuit?
Through a medical malpractice lawsuit, you may be able to recover compensation for the following types of damages:
Medical Expenses: Under Florida law, you may be eligible to recover compensation for past and future medical bills, and rehabilitation expenses.
Lost wages: If you were unable to go to work because of your injuries, you may be able to recover a financial award for lost wages. In addition, if your ability to perform your job duties has been diminished, you may be able to receive compensation for your reduced earning capacity.
Pain and suffering: Medical malpractice often inflicts significant pain and suffering on the injured party. While no amount of money can fully compensate a victim for the amount of pain that he or she has experienced, our medical malpractice attorneys will work hard to get you the compensation you deserve.
Punitive damages: In cases involving particularly reckless conduct, a medical malpractice victim may be able to receive punitive damages in addition to the ones described above. Punitive damages are intended to punish the offender and discourage other healthcare professionals from engaging in similar risky behavior.
If You Are a Victim of Medical Malpractice, Call Us Today
It is often a difficult task when proving that medical malpractice has taken place. In most cases, doctors and hospitals will not admit that they are at fault and will not provide any compensation to the injured patient. That is where our Miami medical malpractice attorneys can step in and fight for you.
If you or a loved one has been injured due to a doctor’s or hospital’s negligence, we can help. To learn more about what our Miami medical malpractice lawyers can do for you, please fill out our free, no-risk case evaluation form today.