Medical Malpractice Lawsuits in Miami

What Is a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is a legal claim for financial compensation. The victim brings the claim in a civil court against the responsible medical care provider. The legal basis for the case is that the medical care provider didn’t provide services that were at least at an adequate level of knowledge, skill and execution. Damages available to the victim include the costs of added medical treatment, other financial losses and non-economic losses like pain and suffering.

What Qualifies for a Malpractice Suit?

A case that meets the following criteria qualifies for a malpractice suit:

1. The victim receives medical care from the defendant
2. The defendant is a medical care provider who owes a duty of care to the victim
3. The care that the victim receives is not adequate based on minimal standards of care
4. Harm results to the victim because of the poor care that they receive
5. Damages result including physical harm and physical and emotional suffering

Each person who sees a medical care provider has a right to a basic level of competent care. That means the medical care provider must have reasonable training and employ that training sufficiently as they treat the patient. The care provider isn’t an insurer for a bad medical result, but they also aren’t precluded from trying experimental treatments. To be medical malpractice, the victim must suffer harm because of a lack of basic, adequate care for a person with appropriate training and skill for someone in that medical position.

Can You Sue for Medical Malpractice in Florida?

Yes, you can sue for medical malpractice in Florida. The State of Florida statutes Chapter 766 [1] is devoted to Florida’s medical malpractice laws. A victim may sue for compensation when they suffer harm because of inadequate medical care. The claim must be filed by the end of the running of the statute of limitations.

Who Can Be Sued for Medical Malpractice in Florida?

According to Florida statute 766.101(2)(b) [2], any of the following can be sued for medical malpractice as “health care providers:”

• Primary care doctors
• Osteopathic physicians
• Podiatrists
• Optometrists
• Dentists
• Chiropractors
• Pharmacists
• Hospitals
• Surgical centers

What Are Some Common Medical Negligence Cases?

Some common medical negligence cases include:

• Failing to order tests that may have revealed a serious problem
• Not following up on symptoms that are a sign of something more serious
• Misinterpreting tests
• Anesthesia errors
• Ordering the wrong medication; not ordering medication when it is needed; improper dosing
• Leaving a foreign object in someone’s body
• Operating on the wrong body part
• Poor sanitation that results in a secondary infection
• Releasing a patient from the hospital too quickly
• Not taking a patient’s personal history into account
• Errors during childbirth; failing to respond appropriately to signs of distress

Medical negligence cases do not have to fall into a particular category or series of events. Any circumstance where the care provider shows a lack of reasonable care that produces harm may be the subject of a medical negligence case.

How Do You Get a Good Medical Malpractice Lawsuit Settlement?

There are several steps to getting a fair medical malpractice lawsuit settlement:

• Investigate the claim thoroughly to identify damages, determine the responsible party and how the breach of reasonable care occurred
• Comply with any pre-suit requirements such as filing a notice petition for investigation
• Work with a medical expert to identify and explain the standard of care
• Ensure that your identification of damages is thorough; identify all categories of damages and fully explore how to prove them as part of your claim
• File the case before the expiration of the time limit
• Carefully draft a complaint that complies with state laws and legal procedure
• Develop a legal strategy to build evidence, file strategic court motions and build the claim before trial
• Participate in strategic settlement negotiations; determine whether to accept a settlement offer to resolve the case or proceed through trial
• Don’t be afraid to take your case to trial if that’s what’s necessary to get justice

Are There Damage Caps in a Florida Medical Malpractice Lawsuit?

No, there are no damage caps in a Florida medical malpractice lawsuit. Although the Florida legislature tried to impose non-economic damages caps in the Florida Comprehensive Medical Malpractice Reform Act, the Supreme Court ruled that the caps were unconstitutional. They threw out damage caps, reasoning that it was unfair to those victims who suffer the most serious injuries.

A victim may claim the full amount of their economic and non-economic damages in a Florida medical malpractice lawsuit.

What Is the Time Limit To Claim Medical Malpractice in Florida?

The time limit to claim medical malpractice in Florida is two years. The limit may be extended up to seven years if the case involves fraud, concealment, or intentional misrepresentation by the defendant. It may be extended up to a child’s eighth birthday.

In Tanner v. Hartog [3], the Florida courts extended more latitude to the time limit to claim medical malpractice in Florida by ruling that the victim must have a reasonable awareness that the injury is caused by medical malpractice. It’s essential to contact an attorney as soon as possible and do not assume that it’s too late to file a claim.

Best Medical Malpractice Lawsuit Attorneys in Miami

If you’re looking for the best medical malpractice lawsuit attorney in Miami for you, we invite you to meet with us at Bernstein & Maryanoff Injury Attorneys. We’re a fully-supported team of legal professionals with more than 30 years of experience. Together, we fight for justice for people just like you every day. In fact, we only represent victims. Our focus gives us the expertise and passion to get results. Contact us today for your no-obligation Florida medical malpractice lawsuit consultation.

Related: Dental Malpractice Attorney

Sources:

[1] FLA. STAT. § 766 (2020)

[2] FLA. STAT. § 766.101 (2)(b) (2020)

[3] Tanner v. Hartog, 678 So.2d 1317 (Fla. 2d DCA 1996)