Miami Medical Malpractice Lawyer

No, you cannot directly sue a healthcare provider for medical malpractice if their negligence caused you harm. Florida has a statutory “pre-suit” framework which must be followed in any medical malpractice case. This requires a thorough up front investigation of the entire claim beforehand by the claimant’s law firm, an affidavit from a suitable expert confirming that evidence of negligence exists, and notice of the claim to the responsible parties and entities. That notice begins a mandatory ninety (90) day investigation period by the defending parties, who must then determine if they believe the claim has merit and respond accordingly. The entire process is time consuming, expensive, and full of potential pitfalls. A well-versed Miami medical malpractice lawyer is absolutely critical for success.

Malpractice insurance adjusters often employ tactics to minimize payouts, including:

• Early lowball offers to settle quickly, or even arbitrate to cap awards.
• Requests for statements in an attempt to find inconsistencies.
• Fishing for information to deny or devalue your claim.
• Misrepresenting legal rights or procedural deadlines.

Engaging a skilled medical malpractice lawyer can help you navigate these tactics and ensure you are treated fairly throughout the process.

If you suspect medical malpractice, document all relevant information including symptoms, dates, and communications with healthcare providers. Get complete copies of your medical records at the earliest opportunity. Seek a second medical opinion if necessary to confirm if malpractice occurred. Then contact a medical malpractice attorney as soon as possible to review your case and advise on next steps.

The time to resolve a medical malpractice claim in Florida varies greatly, and often is a years long ordeal, based on:

• The complexity of the medical evidence and providers involved.
• The severity of injuries and subsequent treatment.
• The defendant’s response to the lawsuit and willingness to cooperate and settle.
• In addition, the legal process is lengthy due to the mandatory pre-suit investigation period followed almost always by contested court proceedings.

The most common types of medical malpractice claims include misdiagnosis or delayed diagnosis, surgical errors, improper treatment, medication errors, and failure to obtain consent. Each type of claim involves different complexities, and proving negligence or fault requires a thorough examination of medical records, expert analysis, and a detailed understanding of medical standards of care.

Compensation in medical malpractice cases depends on:

• The severity and permanency of the injuries.
• Accumulated and future medical expenses.
• Lost wages and loss of earning capacity.
• Pain and suffering, including mental anguish.

Each case varies greatly and no two cases are alike. A medical malpractice attorney in Miami can help estimate potential compensation based on your specific circumstances.

Yes, family members can sue for medical malpractice if negligence leads to the death of a loved one. In Florida, only the surviving spouse and minor children of the deceased may be eligible to file a wrongful death lawsuit. There are no causes of action for adult children of a deceased parent, or for the parents of an adult child who falls victim to medical malpractice. If eligible, compensation might include loss of support and services, lost companionship and protection, mental pain and suffering, medical and funeral expenses, and lost prospective net accumulations of the estate.

In Florida, you must file a medical malpractice lawsuit within two years of the date when the incident was or should have been discovered, but no later than four years from the date of the incident. Rare exceptions exist for cases involving fraud, concealment, or misrepresentation, where the limit may extend up to seven years.

Maintain all medical records, receipts, and correspondence related to your treatment, symptoms, and interactions with healthcare providers. Also, keep a diary of your physical and emotional health following the incident. These documents are crucial for substantiating your claim.

If the responsible party lacks adequate insurance, your lawyer can explore other avenues for compensation, such as hospital liability, medical or group practice liability, other involved medical professionals, or personal assets of the healthcare provider, depending on the situation.