Miami Medical Malpractice Lawyer
Have you recently sustained personal injuries due to medical negligence? Medical negligence, or medical malpractice, refers to a situation in which a healthcare provider’s negligence caused injuries to a patient. In some cases, these injuries can even result from defective medical products. An experienced Miami medical malpractice lawyer can answer your questions about medical malpractice and product liability claims.
- Anesthesia Errors
- Birth Injury
- Blood Transfusion Errors
- Failure to Diagnose
- Failure To Diagnose Aneurysm
- Failure to Diagnose Cancer
- Failure To Diagnose Heart Attack
- Kidney Dialysis Errors
- Medical Device Errors
- Medication Errors
- Negligent Doctors
- Nursing Errors
- Orthopedist Errors
- Postoperative Care Errors
- Radiologist Errors
- Retained Surgical Instruments
- Statute of Limitations
- Surgical Error
Each state has its own laws that govern medical malpractice lawsuits. In Florida, medical malpractice cases are particularly complex. As a result, it will be especially important to have experienced legal counsel on your side throughout this difficult process. At Pita Weber & Del Prado, our Miami medical malpractice lawyers can speak with you today about your case.
Florida Pre-Suit Procedures
In our state, there’s a pre-suit procedure before filing a lawsuit for medical negligence. Before you can file a medical negligence claim in Florida, you’ll need an lawyer who can help you to take the following pre-suit procedures:
- Investigation: Investigate the case to ensure that there are in facts grounds for a medical negligence claim. During this phase, your lawyer will need to obtain your medical records and examine them closely. According to the statute, there must be evidence to reasonably show that the defendant was negligent in his or her care of the patient, and that the negligence resulted in the patient’s injury.
- Medical Expert: Send the medical records to a medical expert for further review. Under the Florida statute, the medical expert must be a “similar health care provider” to the proposed defendant, and that expert must provide a pre-suit medical expert opinion. This document simply says that the medical expert believes there are grounds for a medical negligence lawsuit.
- Filing a Notice of Intent: File a notice of an “intent to initiative litigation” for medical malpractice. Once this notice is filed, a 90-day pre-suit investigative period will begin. During this 90-day period, the defendant will conduct an investigation to determine whether there are grounds for the medical malpractice claim. In most cases, the defendant will reject the claim.
- Filing a Lawsuit: At the end of the 90-day period, the injured patient is eligible to file a medical malpractice lawsuit (unless the defendant has admitted to liability or has made a settlement offer that the patient is willing to accept). In other words, an injured plaintiff may only institute a claim for compensation once the 90-day pre-suit investigative period has ended.
Common Miami Medical Malpractice Cases
Patients can be injured at during many different types of healthcare procedures and treatments. If you have sustained an injury, a Miami medical negligence lawyer can help to determine whether you have a valid claim for compensation. In general, medical malpractice claims typically fall into one of the following categories:
- Medication errors: injuries can result from a patient getting too much of a drug, too little of a drug, or the wrong drug entirely.
- Misdiagnosis errors: injuries often occur when a patient has been misdiagnosed, or if a medical professional fails to timely diagnose a patient’s condition.
- Surgical errors: injuries can be very serious when they occur during an operation. These injuries can include a variety of different mistakes made in the operating room, such as operating on the wrong part of the body, leaving surgical instruments or materials in the body, puncturing an organ, or making a mistake during post-operation care that results in a serious complication.
- Birth injuries: when a medical professional makes a mistake during a childbirth, the child can sustain severe injuries including brain trauma, broken bones, and cerebral palsy. These errors can occur before childbirth (in relation to prenatal care) and during childbirth.
Compensation for Miami Medical Negligence
What type of compensation are you eligible for if you’ve sustained medical malpractice injuries? Similar to other injury claims, you’ll be able to seek compensatory damages. These damages are supposed to compensate you for your losses. They take the form of:
- Economic damages (for example, these damages might compensate for the cost of hospital bills or lost wages)
- Non-economic damages (for example, these damages might compensate for pain and suffering, permanent disfigurement, or the loss of enjoyment of life)
Contact a Miami Medical Malpractice Lawyer
If you have sustained injuries during a medical procedure, or if you have lost a loved one due to medical negligence, don’t hesitate to contact an experienced medical malpractice lawyer serving Miami. The lawyers at Pita Weber & Del Prado have years of experience handling medical malpractice cases in Florida and can talk with you today.