Have you or a loved one suffered from medical malpractice or negligence? According to The Agency for Healthcare Administration, only 9% of reported malpractice incidents in Miami are ever brought to suit [1]. This means that hundreds of people just like you are suffering from injuries due to negligence without due compensation. An experienced medical injury lawyer can evaluate your case and help change that.
When a healthcare provider fails to meet the governing standard of common medical practice, the negligent treatment (or lack thereof) can result in serious injury or even death. Doctors and healthcare facilities that fail to meet minimal standards of care harm both patients and their families.
When it comes to personal care management, patients don’t always have the knowledge to question the diagnosis or treatment decisions made by health care professionals. Luckily, trusted medical malpractice attorneys do have the expertise, and the attorneys at Schlacter Law are ready to fight for your rights as a wronged patient.
Do you believe you have been a victim of medical malpractice? While most medical professionals will provide patients with the utmost care, complications resulting from negligence can arise before, during, and after surgery or treatment for medical conditions. The most common areas of medical malpractice include:
Failure to diagnose an injury or illness. Diagnostic errors include failing to disclose a diagnosis to a patient, misdiagnosis of an illness, and misinterpreting diagnostic imaging. Such failures often result in the worsening of a condition or even death Delay or failure to provide appropriate treatment. Failures may include errors with medication, resulting in exacerbation of the current condition or for new complications to arise Surgical mistakes. Issues commonly seen during negligent surgery include injuries to other body structures, non-sterile techniques that lead to infection, retained surgical tools, anesthetic errors, or even wrong surgery site. Post-surgical issues stem from failure to recognize and treat complications from surgery Birth injuries. Failure of trained doctors, nurses, and midwives to anticipate, recognize, and respond properly to circumstances during birth can result in injury to babies and their mothers. Many times, it is impossible to predict the lasting impact birth injuries will have on a developing infantThere are many possible causes of medical malpractice in Florida, often due to inexperience, recklessness, or negligent conduct. An experienced attorney can help determine if your case constitutes medical malpractice.
While each situation is unique, Miami malpractice lawyers are used to dealing with a wide range of medical injuries including but not limited to: fractures, nerve damage, paralysis, developmental disorders, cerebral palsy, or even death. Schlacter Law has recovered millions of dollars for injuries caused by another’s negligence. It is important to consult a medical lawyer if you suspect you or a loved one is suffering from an injury due to negligence or malpractice.
Medical errors are the third leading cause of death in the United States [2], and many of those deaths are the result of preventable medical mistakes. Most of these preventable death cases are not pursued. Generally, patients’ families are unaware of the signs of malpractice. During such trying times, it is important to work with attorneys specializing in medical malpractice, who are well-versed in the case building process, so you can quickly begin gathering evidence.
In order to prove medical malpractice in Miami, four basic elements of a suit must be successfully presented:
Duty—that the healthcare provider had the responsibility to provide reasonable and appropriate care to a patient. Breach—that the healthcare professional failed to provide an appropriate standard of care to a patient. Causation—that the professional’s breach in standard of care caused or contributed harm or death to a patient. Damages—the patient sustained harm as a result of the doctor’s negligence.There are numerous requirements and timelines for filing a valid malpractice suit in Miami, including:
Filing a notice of intent to sue a healthcare provider: before you can sue in court, you are required to serve a notice to the healthcare provider. Such notice must include an affidavit from a medical professional stating that you have a valid medical malpractice suit. Failure to provide this notice and/or refusal to provide reasonable access to information in your possession—prior to formal discovery—will be grounds for dismissal of the lawsuit Service of the claimant’s notice with preliminary reasonable grounds marks the beginning of a 90-day window, during which time the parties may elect to: Request to have damages determined by a panel of independent arbitrators. A voluntarily binding agreement may be accepted by the opposing party within 30 days of the requests’ issuance, but the defendant is not required to respond sooner than the 90-day window In the event neither party requests or agrees to voluntary arbitration within the 90 days, the lawsuit shall proceed to trial or another available legal alternative, such as an offer of settlement [3] If the suit goes to court, the burden of proof is placed on the victimDue to the complex nature of malpractice cases, it is highly recommended to seek the counsel of an experienced malpractice attorney. For a FREE consultation to discuss your case, call the attorneys at Schlacter Law at (305) 999-1111.
References
https://www.citizen.org/wp-content/uploads/flareport.pdf ↩https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html ↩http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.118.html ↩
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