Medical Malpractice Lawyers
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 lawyer 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 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
Injuries Associated with Medical Malpractice Claims
- Death – 26%
- Major Physical Injury – 15%
- Significant Physical Injury – 39%
- Minor Physical / Emotional / Breach of Consent – 17%
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.
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.
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.
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.
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.
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 laywers in Miami.
Medical Malpractice Statistics
Medical malpractice cases involve the negligence of a medical professional which caused harm to the patient. Medical malpractice can be caused from a lack of properly diagnosing a patient, treating the patient in a manner that isn’t standard, or giving a patient the wrong treatment. There can be significant negligence in the medical field, but medical malpractice lawsuits are only viable if the patient was harmed because of the negligence. Just because a person receives the wrong treatment, even if they receive the wrong medication, does not mean they can sue for medical malpractice. There must be an injury, pain, or suffering caused because of the poor medical treatment.
The total number of paid medical malpractice claims continues to go down in the United States. 2003 through 2014 showed a marked decrease in both the number of claims paid out for medical malpractice, but also in the total amounts paid out to victims. It is harder than it used to be to sue for medical malpractice, and the numbers are showing it. Patients must be able to prove that their injuries were a direct result of medical malpractice, and this is not as easy as it sounds. People often have pre-existing conditions that may have added to their injuries, and if the doctor acted within reason, the injuries are seen as unavoidable. Medical malpractice requires clear proof that an injury occurred and that the injury was due to inadequate, out of line treatment provided by the physician.
Medical Malpractice Statistics in the United States
- In 2014, six states added up to account for almost half of all of the medical malpractice payouts in the country.
- Since 2003, New York has made up 20% of all medical malpractice claim payouts.
- Doctors in New York City see some of the highest rates of medical malpractice insurance in the country.
- In 2013, New York accounted for 19% of the total amount of medical malpractice claims paid.
- Medical malpractice claims are becoming less frequent in the United States, with rates falling everywhere by 20-40% except in New York.
- 23% of people who file medical malpractice claims win their case.
- In 2005, the median award for plaintiffs that won their medical malpractice case was $400,000.
- 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.
Florida Medical Malpractice Statistics
- In 2009, there were 1,179 medical malpractice payments made to plaintiffs in lawsuits.
- Also in 2009, 1,798 adverse reports were made against medical providers charged with medical negligence.
- In 2014, a total of 983 medical malpractice payments were made in Florida.
- 2,278 was the number of adverse reports made against medical providers in 2014.
- In 2014, physicians faced State licensure action 2,061 times.
- 28 physicians had clinical privilege and panel membership revoked.
- In 2014, only two plaintiffs were awarded damages for a medical malpractice claim in Florida for over two million dollars.
- 276 plaintiffs received awards in the one hundred thousand to two hundred and forty nine thousand dollar range, accounting for the highest group of awardees in the state.
- In 2007, the highest number of plaintiffs (fifteen) were awarded damages for their medical malpractice lawsuit in amounts over two million dollars.
- Medical malpractice payments have gone down slowly since 2004.
- In 2004, a total of 1,470 payments were made for medical malpractice lawsuits.
- By 2014, the total number of payments made went down to 983.
- 12,226 payments for medical malpractice lawsuits have been paid in Florida from 2004-2014.
- 70 payments for medical malpractice lawsuits have been made from 2004 through 2014 that were more than two million dollars
If you believe you or a loved one were the victim of malpractice contact our firm today to discuss your legal options. We are happy to discuss your situation. There is no cost to you unless the case is won, so call today.