Unfortunately, even the doctors who treat children can make mistakes in the care they provide, resulting in injuries to their patients that could result in permanent disabilities and a lifetime of medical needs. If your child was injured due to a medical error, a Miami pediatric malpractice lawyer can tell you about the claims process. Our medical malpractice attorneys have the experience you need to secure the compensation your family deserves.
There are many ways that an error by a healthcare provider who is treating a child can result in the child becoming injured. These errors may include failing to properly diagnose an illness or medical condition the child is suffering from, prescribing the wrong medication or the wrong dosage, failing to monitor a child’s condition when necessary, surgical errors, and errors occurring during childbirth.
While errors are common in the medical arena, not all of them are considered malpractice. For a pediatric healthcare provider to commit malpractice, an injury to the patient must occur that is directly related to the error or lapse in care from the provider. An attorney in Miami will help a family understand whether they have a pediatric malpractice claim.
In Miami, if someone wants to seek compensation after their child has suffered an injury due to a medical error, they will first hire a medical malpractice lawyer to handle their claim. The lawyer will then begin working with the claimant to gather needed documentation to value the claim. They will also determine the malpractice insurance resources associated with the healthcare provider and will make contact with the at-fault provider’s insurer. An investigation will be conducted, and the lawyer will find a medical expert to review the documentation and provide an affidavit stating that the case has merit.
Before filing a medical malpractice lawsuit, the claimant and their lawyer must serve the at-fault provider with a Notice of Intent to Sue that includes information about the case and the affidavit of merit. Each side then has 90 days to communicate and provide information to one another before a lawsuit can be filed. A settlement is possible throughout the process, even as each side is preparing the case for trial.
A claimant can seek compensation for a variety of financial and psychological costs, including the costs of medical treatment, home modifications, medical devices, and other items needed to accommodate disabilities stemming from the injury, pain and suffering, and lost earning potential.
A lawyer is a crucial source of information and assistance in the medical malpractice claims process, providing legal information and guidance, managing communication and settlement negotiations with the insurance provider, securing a review of the case by a medical expert, ensuring the case is filed in court within the statute of limitations, and much more.
It is important to understand that claimants can receive assistance from a skilled attorney without paying any money upfront or being expected to keep up with hourly billing while work is being done on their case. This is because of the contingency fee billing method used by injury lawyers, such as those from Kaire & Heffernan, who provide services for Miami pediatric malpractice claims. Payment for the services they provide is contingent on a positive outcome of the claim and is paid as a percentage of the overall award received through a negotiated settlement or a court verdict.
Pediatric malpractice combines two of the worst fears for many people: a medical mistake and an injury to their child. Let our team help you understand your legal options and the medical malpractice claims process. We will discuss how we could assist you with your claim. Contact us for your free case evaluation with a Miami pediatric malpractice lawyer today.
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