When you visit the hospital or go to your doctor’s office, you expect to get a professional medical service and a solution to your medical issues. However, this is not always the case. Many times, unsuspecting patients are injured by those who swore to provide them with the medical care they deserve. Dealing with a personal injury caused by medical negligence can be challenging and frustrating. However, you don’t have to face this difficult moment alone.
At Rivkind Margulies & Rivkind, P.A., we know what it takes to fight the good fight against those who have injured you. Thanks to our years of experience, our Miami medical malpractice attorneys are able to work diligently, aggressively, and strategically to get the compensation you deserve. Call our law offices today and schedule your free, confidential consultation. Our phone number is (866) 386-1762.
What is Considered Medical Malpractice in Miami, FL
A medical malpractice claim is a specific type of lawsuit against medical professionals. The term medical professional encompasses doctors, nurses, hospitals, and any other hospital worker or doctor’s office employee who could have been responsible for negligent care. Medical malpractice claims most commonly happen as a result of a doctor’s negligence.
Complications and risks are part of medical treatment. Therefore, it is essential to contact a Miami medical malpractice attorney for help determining whether your injuries were part of these normal complications or whether they rise to the level of medical malpractice.
How to Prove Medical Malpractice by a Healthcare Professional in Miami
To prove your medical malpractice case, you must provide evidence showing your doctor’s negligence. To prove negligence, you need to prove several elements. These elements are known as the legal duty of care, breach of duty, causation, and losses. We will break down each element to provide a better understanding of your potential claim:
Duty of Care
Before showing your physician’s or medical professional’s negligence, you must prove they owed you a duty of reasonable care. First, you must show that there is a doctor-patient relationship. Without this professional relationship, you may not be able to establish your doctor’s legal duty.
The doctor-patient relationship can be shown by providing evidence such as your medical records, which proves your doctor agreed to take care of you. All medical professionals owe their patients a duty of reasonable care, following their profession’s standards. Your treating physician is expected to provide reasonably competent medical care to the same level that another medical professional with similar background and skill would provide under similar circumstances.
Breach of Duty
As mentioned, all medical professionals must follow the “standard of care” set forth by the medical community. This standard of care refers to the competent level of care that any medical professional should provide to their patient under any given circumstance. In other words, it provides a detailed description of how a patient should be cared for at all times. Any medical professional who fails to adhere to their professional principles may be found in breach of their duty of care. For instance, if a doctor is not certain about what your condition may be, they are required to order testing to diagnose you accurately. Failure to follow this simple yet critical step in your treatment can lead to malpractice.
Causation
Causation in medical malpractice cases can be difficult to establish. Proving causation requires you – the plaintiff – to show a link between the doctor’s actions or omissions and your injuries. Showing this element is often challenging because the defendant may argue that you would have suffered harm regardless of their actions.
For instance, the defendant may argue that regardless of their treatment, a very serious or deadly condition (cancer, HIV, pneumonia, etc.) would have caused you harm. An experienced Miami medical malpractice attorney can see beyond the defendant’s arguments and show exactly how your treating physician’s actions and omissions during and after your treatment led to otherwise preventable injuries.
Damages and Losses
To receive compensation in a medical malpractice case, you need to show the court what your injuries are. Additionally, you should provide evidence showing your specific economic losses. Your Miami medical malpractice lawyer can help you show you suffered losses such as medical expenses, lost wages, and pain and suffering.
After providing the court with the evidence supporting your claim, they may provide you with compensation to cover all of your losses. Your Miami medical malpractice lawyer can help you fight for the compensation you deserve.
The Statute of Limitations for Medical Malpractice Cases in Miami
Medical malpractice claims, just like any other claim, are subject to a limited time for filing. This time limit is known as the statute of limitations. If you don’t file your medical malpractice lawsuit on time, you may lose your right to hold the liable parties accountable and fight for your compensation.
Every state regulates its own statute of limitations regarding medical malpractice cases. Florida’s Statute 95.11(4)(b) establishes the amount of time you have to file your medical malpractice claim. Typically, you have up to two years from the time of your incident or, alternatively, two years from the moment you discover or should have discovered your injury.
As you can see, filing a claim for medical malpractice in Florida can be extremely complicated. This is especially true in cases where it may take time to realize you suffered an injury. If you believe you have been a victim of medical malpractice in Miami, FL, you need to act quickly. Make sure to contact a Miami medical malpractice attorney who can fight for your compensation.
Miami Medical Malpractice Attorney Offering Free Consultations
If you or a loved one was injured due to the negligent actions of a doctor, nurse, hospital, or any other medical professional in Miami, we can help. At Rivkind Margulies & Rivkind, P.A., we know how frustrating and overwhelming dealing with a medical malpractice injury can be. The healing process can be challenging and frustrating for you and your family. However, you don’t have to go through this moment alone. Our Miami medical malpractice lawyers can help you hold the liable parties accountable for your losses and fight for the compensation you deserve. Call our law offices today and schedule your free, confidential consultation. Our phone number is (866) 386-1762.
