With dozens of hospitals and thousands of physicians and other healthcare providers, Miami has one of the largest healthcare systems in the country. Unfortunately, each year within this system, patients are injured due to errors made by their healthcare providers. When a person is injured due to a mistake by a medical provider, they can seek compensation for the physical, financial and psychological costs of the injury through a medical malpractice claim. This claim is filed against the medical malpractice coverage of the at-fault provider or the facility they work for. If the insurance provider that services this medical malpractice policy fails to fairly compensate the claimant, it can also be filed as a lawsuit in court.
Medical malpractice cases are among the most complicated due to the high amount of medical information and the challenging legal process involved in these claims. Our experienced attorneys could help you understand the initial steps to take in a Miami medical malpractice case.
When a person has been injured because of a healthcare provider’s negligence, one of the first steps to seeking compensation through a medical malpractice claim is to hire an experienced attorney who handles this type of case. A medical malpractice attorney from Kaire & Heffernan could determine insurance resources, value the claim, find a medical expert to review the case to ensure that it has merit, and much more.
Many people hesitate when it comes time to hire an attorney for an injury case because they do not feel like they can afford to hire one. It is important to understand that those who have been injured due to a medical error can hire a medical malpractice attorney with no money upfront and without having to pay an hourly fee each time someone works on the case. This is because lawyers who handle cases involving personal injury typically use a contingent fee billing method in which payment for their services is contingent on there being a positive outcome to the claim.
Once hired, a medical malpractice lawyer in Miami will focus on the initial steps to take in a case. These steps include gathering evidence about the case, such as the claimant’s medical records. State law requires the claimant and their attorney to find a medical expert to review the case and sign an affidavit stating that it has merit. Our attorneys have an extensive network of experts, both to review cases and to testify as witnesses in certain circumstances.
While some medical malpractice claims are settled before a lawsuit is filed, others are not. To initiate a claim, the claimant’s attorney will serve the at-fault provider with a formal Notice of Intent, including documentation about the case and the affidavit from the medical expert. The notice will begin a 90-day period during which the parties will exchange information. If a settlement is not reached during this time, the lawsuit can be filed, and each side will begin preparing for trial.
Medical malpractice cases are notoriously challenging. Let us help you make sense of your legal options. Contact us for a free case evaluation today. We are ready to help you prepare for the initial steps to take in a Miami medical malpractice case.
(305) 876-6001