Medical Malpractice Lawyer Miami Florida Practicing Since 1997
A medical malpractice case is filed when a healthcare provider fails to treat a patient’s condition with the appropriate level of care. The negligence of the healthcare provider in misdiagnosis or delayed diagnosis may result in injuries or wrongful death. Under medical malpractice law, the harmed patient or the deceased’s family is entitled to compensation.
Hiring a Miami medical malpractice lawyer is highly recommended if you plan on filing any kind of claim related to the healthcare industry. They will help ensure that your case against the offending party meets all necessary criteria for success, which can save time and money when pursuing legal action.
Are you still unsure whether or not to hire a Miami medical malpractice attorney for your case? Here are some of the benefits of hiring medical malpractice lawyers:
They Ensure Your Claim Is Accurately Valued
Miami medical malpractice attorneys can accurately assess the value of your claim based on their experience with other cases. Their law firm will also have access to people in the medical field and other professionals that can assist them in determining the worth of your case if it is particularly complicated. You’ll want to have a full assessment of your damages and possible future expenses so you know what fair compensation would be.
Your lawyer will be able to help you find professional experts you need to show negligence and the extent of the damages you suffered. Experts can include medical professionals like doctors, nurses, therapists, and technicians or other experts like financial advisors and investigators. These experts can help you gather evidence or provide testimony in your medical malpractice lawsuit to get you a fair settlement.
They Interact with Insurance Companies
When you engage the services of a lawyer in your medical malpractice claims, they will handle the negotiations with the insurance company. This especially helps you concentrate on your recovery while the lawyers work on your behalf.
If a loved one was the medical malpractice victim and it resulted in wrongful death, your lawyer will help you get closure for you and your family. Instead of having to persuade insurance companies medical negligence was committed, your lawyer can handle the medical malpractice claim and you can grieve.
What Medical Malpractice Damages Can You Recover?
Florida medical malpractice law allows three types of compensation.
Economic Damages
Economic damages are the most common form of compensation in medical malpractice cases and can include past and future medical expenses and lost wages. They may also include loss of job or business opportunities. You should also consider any other quantifiable losses that will be reimbursable by the insurance company.
Miami medical malpractice lawyers frequently submit hospital or insurance bills, paychecks, and other transaction statements that demonstrate precisely the amount a victim paid in medical bills or wages they would have earned had they not been harmed.
Non-Economic Damages
Non-economic damages are a little more complicated. Non-economic losses include things like the loss of enjoyment of life, disfigurement, emotional distress and suffering, and so on, caused by the medical professional. These losses may be more abstract, however, they are just as real as economic ones.
Punitive Damages
Awarding punitive damages is a rare occurrence, but they can be enacted when the actions committed by healthcare providers show gross negligence. They are typically designed to punish and discourage negligence with malicious intent in cases involving medical malpractice. These damages are distinct from economic and non-economic damages in that they do not compensate for the loss of the victims of medical malpractice. They only punish the offending healthcare professionals.
Working With Experts to Grasp the Science Behind the Negligence
Medical malpractice is a medical error and it is a 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
Kaire & Heffernan, LLC, work with the best Medical malpractice lawyers in Miami Florida 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 Miami FL, it would help for you to know some facts and statistics associated with medical practice.
Common Medical Malpractice Cases Handled By Our Lawyers
Our Medical Malpractice attorneys, Miami, Florida tend to focus on the following examples of Medical Malpractice, that are common throughout 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 Case
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 in Miami Florida
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.
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 a 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 in Miami Florida.
You can contact us online or by phone and we’ll respond as soon as possible. No fee for consultations and you won’t pay a dime until we win your case.
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 located in Miami 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.
We Handle All Types of Medical Malpractice Claims in Miami, FL
Have you sustained injuries in a medical procedure owing to negligence? Did your healthcare provider make surgical errors, medication errors, diagnostic errors, or something else that led you to suffer injuries? Then you should contact our medical malpractice lawyers immediately. At Kaire & Heffernan, LLC, we have been serving the people of Miami and South Florida for over 30 years and have represented individuals in numerous injury claims. Our legal team is ready to use our expertise to fight for your rights and get you the compensation you deserve. Call us today at 866-769-0123 to schedule a free consultation or contact us online.
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