Medical Malpractice Attorneys
Our society entrusts medical professionals with a great responsibility, and most doctors have the training and presence of mind to live up to that responsibility admirably. But sometimes, unmistakable negligence leads to terrible results.
If you or a loved one suffered injuries as the result of medical malpractice, we can help. Miami medical malpractice attorney Mark Kaire has built a reputation for his ability to handle complex medical malpractice cases with serious injuries – tenaciously pursuing a just settlement in the face of staunch opposition and potentially complicated legal issues.
Working With Experts to Grasp the Science Behind the Negligence
Medical malpractice is one of the most complex areas of personal injury law. In order to effectively handle medical malpractice cases, a lawyer must first work to comprehend the science behind the medicine, the injury, and the negligence.
At Kaire & Heffernan, LLC, we work with the best Medical Malpractice experts to analyze injuries from the doctor’s perspective. We educate clients, judges and juries to show precisely how the doctor was negligent. It’s the only way to achieve the results our clients need.
As you go through the process of consulting with medical malpractice lawyers in Miami, Florida, it would help for you to know some facts and statistics associated with medical practice.
Medical Malpractice Statistics
- 1 in 7 Medicare patients in hospitals experience a serious medical error and 44% of these errors are preventable.
- 98,000 people die nationwide due to medical malpractice and medical negligence.
- 5.1% of doctors account for 52.4% of medical malpractice payouts.
Injuries Associated with Medical Malpractice Claims
- Death – 26%
- Major Physical Injury – 15%
- Significant Physical Injury – 39%
- Minor Physical / Emotional / Breach of Consent – 17%
Medical Malpractice Cases
Our attorneys tend to focus on the following examples of medical malpractice that occur in the city of Miami or within the state of Florida.
- Improperly Treated Strokes: When someone has a stroke, every second counts. Too often, doctors miss the obvious warning signs …
- Stroke Malpractice by Hospitals: If you’re at high risk of stroke, you may be placed in a hospital’s stroke center for observation. It should guarantee proper care, but it doesn’t always …
- Pulmonary Embolism: Pulmonary embolisms are often fatal, and doctors are supposed to be able to recognize the risks to keep them from happening unnecessarily …
- Improper Surgical Techniques: Sometimes, doctors attempt to perform surgery that they aren’t qualified for. Mistakes can cause disability or death …
- Retinal Detachment: If gone untreated, retinal detachment can cause permanent disability and blindness …
- Surgical Malpractice: Surgical Malpractice can occur when a doctor or physician does not perform your surgery up to the required standard of care. That could mean the physician was rushing the process, was lazy, took shortcuts, or didn’t perform the surgery correctly.
- Emergency Room Malpractice: Emergency Room errors include Inaccurate diagnosis of a patient’s illness, Prescribing the wrong medication, Misreading tests or X-rays, Failure to order the proper tests, and Failure to Diagnose
What Constitutes Medical Malpractice
In order to determine whether you have a medical malpractice case, a qualified Miami medical malpractice lawyer will walk you through the following five areas of qualification that need to have occurred.
#1 An Established Patient-Doctor Relationship
In order to file a lawsuit, there must be a patient-doctor relationship. If you sought advice from a non-treating physician or relied on something a doctor said in passing within a casual environment, then you may not have grounds to pursue a medical malpractice lawsuit.
#2 The Doctor was Negligent
If a doctor falls below the standard of care, then the doctor may have committed medical malpractice. The standard of care is based upon how a similarly qualified doctor would have acted in the same circumstances. The doctor is not required to perform at a high level. They are supposed to act in a reasonably skillful and careful manner.
#3 The Medical Negligence Resulted in an Injury
The direct cause of the injury must be the result of the medical malpractice of the doctor. This means that the injury only occurred because the doctor was negligent.
#4 The Medical Malpractice Led to Damages
You are trying to prove that the injury lead to damages. Some of the most common damages in medical malpractice cases are physical pain and suffering, mental distress, disability, past and future medical bills, and lost income / earning potential.
#5 Statute of Limitations for Medical Malpractice Has Not Expired
If you believe that you have been a victim of medical malpractice, then it is important that you act quickly and call our offices today. There are time frames associated with how many years a suit can be filed after the medical malpractice occurred. Mark has extensive experience as a medical malpractice attorney. He has built a reputation as being one of the top medical malpractice attorneys in Miami.
You can contact us online or by phone and we’ll respond as soon as possible. No fee for consultations and you won’t pay a dime until we win your case.