If you were injured by negligent medical providers and are seeking compensation, there are stringent laws to follow. One mistake could mean your legitimate claim will never reach a jury. Defendants may include the doctor who allegedly committed malpractice, as well as anyone who contributed to your injuries and the hospital that provided your care.
Winning a malpractice lawsuit requires more than a bad outcome from treatment. Your personal injury attorney must prove that you suffered injuries because a medical professional did something that a competent peer would not have done or failed to provide the reasonable treatment a peer would have provided. Malpractice may also involve providers who did not properly explain a procedure, thus failing to get your informed consent. A Coral Gables medical malpractice lawyer from Kaire & Heffernan will help you determine if your situation qualifies as malpractice.
Unlike with other personal injury claims, you and your attorney must take several steps before filing a medical malpractice lawsuit in Coral Gables. These actions are meant to encourage settlements and stop weak cases from going to court.
As an injured patient, you must:
The medical expert providing the affidavit must be a licensed provider in the same specialty as the defendant and must have practiced or taught in the field within the past three years. The court can dismiss cases in which the defendant’s lawyer successfully challenges the expert’s credentials or area of practice.
After your defendants are served the Notice of Intent, they have 90 days to answer. The insurer or legal team can depose witnesses, request your medical records post-injury, and consult with medical experts. By the 90th day, the defendant must reject the claim (which allows your attorney to file a lawsuit on your behalf), offer a settlement that you can accept or decline, or request binding arbitration. Although the state removed statutory caps on non-economic damages in medical malpractice lawsuits, if you agree to arbitration, they are capped at $250,000.
If you decide to take your case to court, state law requires the parties to participate in mediation within 120 days of filing your lawsuit, with a mandatory settlement conference at least three weeks prior to trial. This provides an additional opportunity for your Coral Gables attorney to settle your medical malpractice case.
Economic damages are losses that have a defined price, such as medical care and lost wages. Non-economic damages are subjective and may include:
Non-economic damages are not capped if you and your Coral Gables lawyer choose to take your medical negligence case to court.
If you have a valid case, a Coral Gables medical malpractice lawyer from Kaire & Heffernan will negotiate a settlement or fight for justice in court. With our long record of success in medical malpractice cases, we will win the compensation you need to rebuild your life and secure your future. Call now to schedule a free consultation.
305-876-6001