We put our trust in medical care providers every day. From diagnosing an illness to undergoing procedures, your health relies on their skill, experience, and care. When doctors make mistakes, the consequences can be devastating. Don’t compound the mistake by placing your case in the hands of the wrong lawyer. Medical Malpractice is very much a specialty-make sure the lawyer you hire is skilled and experienced in handling medical malpractice cases.
If you are the victim of a medical mistake, the right medical malpractice attorney can help you seek justice. The key to success is understanding liability in Miami medical malpractice claims. Our firm could guide you through the process while answering your questions along the way.
It is not always easy to determine who is at fault for a medical error. This is true even when it appears obvious on the surface, like when a surgeon operates on the wrong body part or a nurse administers incorrect medication.
Hospitals and medical facilities are full of complex systems where a single mistake can cause serious issues days, weeks, or months in the future. It is not uncommon for two or more people to make errors that compound each other, making a bad situation worse. For example, a doctor could prescribe the wrong medication, only for a nurse to then administer the wrong amount.
Physicians and surgeons are frequently the target of medical malpractice lawsuits. This should come as no surprise given that doctors are ultimately responsible for the care provided to their patients. In many situations, their mistakes during surgery or diagnosis are directly responsible for an individual’s medical injury.
However, doctors are not the only party that might be at fault. Nurses are given significant responsibilities, including administering medication and watching for signs of complications after surgeries. They can be liable if their mistakes result in harmful consequences.
Even the medical facility itself could also be found negligent. This might happen when hiring or training processes allow a person who is unqualified or dangerous to treat a patient. Understaffing or poor recordkeeping are other issues that might lead to liability for medical malpractice claims in Miami.
A common question patients in Miami have about medical malpractice claim liability is the impact of consent forms. It is commonplace for people to sign forms and waivers consenting to medical care before they undergo an operation. These documents explain the procedure and outline the risks. They are also cited by doctors and medical facilities when something goes wrong as evidence that a patient knew the risks and waived any claim for liability.
Thankfully, signing a consent form is not enough to waive liability for medical errors. An attorney could review the circumstances, including how much time a patient had to review the form before they were taken to the operating room. There are also situations where the conduct was so egregious that it cannot be waived under any circumstances.
Another important issue that can impact liability is the statute of limitations. Even if there is clear evidence of negligence, a medical professional can only be held liable if the case is filed or settled before the statute of limitations expires. This legal deadline is strictly enforced, and determining the exact amount of time a person has to file can be especially challenging in malpractice cases. In general, the Florida statute of limitations for medical malpractice cases is two (2) years. Florida Statute 95.11(5)(c) states:
An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301–766.316 provide the exclusive remedy.
The safest path is to speak with an attorney right away.
If you are living with a medical injury, the toll it can take on you and your loved ones can be extreme. From additional medical care to lasting pain, these consequences might impact you for years to come. Now is the right time to speak to an attorney about liability in Miami medical malpractice claims. Call today to discuss your rights during a private consultation.
(305) 876-6001