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Hospital Negligence

When you go to a hospital for an emergency or a planned procedure, you expect that you will be safe. You rely on healthcare facilities to act dutifully in making your health and safety a priority. If you feel like you or a loved one was not properly cared for, contact us today for a FREE case review.


    Suing a Hospital for Negilgence

    According to research done by Purdue University, there are as many as 251,000 deaths every single year in the United States. Doctors and other healthcare practitioners are trained professionals, but the worst can happen. Even if an accident does not result in someone passing on, it can still lead to serious, chronic ailments.

    That is where we step in. We understand that if you or a loved one is in the hospital, you can reasonably expect that the staff there will take care of you. But mistakes can happen. And it is emotionally devastating when you expect to get better, but instead you get worse.

    Our experienced team has helped many people around Miami, and in the entire state of Florida. Read more to learn what we can do for you.

    What Kind of Lawyer Do You Need to Sue a Hospital?

    If you are looking to sue a hospital, you need a good medical negligence attorney. As part of that, it is worthwhile to look for someone who has experience, someone who has already won many of these cases and gotten fair settlements for people.

    In these sorts of cases, there is a temptation to balk at the price tag. While it is understandable, you really are getting what you pay for when you go bargain basement with your case. There are consequences of negligence that can last for your whole life, and most people want to make sure that they will be taken care of. That means that you need a lawyer who will fight for you to help get the compensation you need.

    Reasons to Sue a Hospital

    When it comes to examples of negligence in a hospital setting, there are many different situations that can lead to a lawsuit. The following is not meant to be a comprehensive list. There are many different situations that set the stage for litigation. Check out the below list:

    • Surgical errors
    • Wrong diagnosis
    • Delayed diagnosis
    • Failure to sanitize equipment
    • Discrimination
    • Being given the wrong medication
    • Being given the wrong dosage
    • Infections arising from improper cleaning of wounds
    • Misread x-ray, slides, or ultrasounds
    • Medical device errors

    To reiterate, this is not a complete list. If you believe that you have been treated badly by a hospital, it would be a good idea to call a medical negligence attorney.

    How Do You Know If You Have A Medical Malpractice Case?

    In order to know when you might have a medical malpractice case, we need to understand when you do not have a medical malpractice case. If a patient’s condition gets worse, that is not always a sign that there is grounds for a case. As long as the doctor acted with reasonable care and skill in how they treated the patient, then you may not have a case. There is no guarantee that every patient will respond to proper treatment the same way.

    In addition, if the patient’s case is untreatable, the hospital is not liable if they correctly diagnose the problem and make reasonable decisions with how they take care of the patient. There are not any medical malpractice laws in place to help those who have a terminal illness, when the doctor does everything else correctly.

    Now we are going to turn our attention to what may be considered medical malpractice. When a medical professional provides substandard care, then it may be considered medical negligence. In other words, when a health care provider does not provide the level and type of care that a similarly skilled and educated professional should. This can take many different forms. In order to prove this, both parties usually rely on an expert witness.

    In addition, in some cases the healthcare professional may have done something reckless. These cases are incredibly rare. For example, if a surgeon performs while under the influence of drugs or alcohol, then they may have acted recklessly. While that is an extreme example, it is sufficient to show that proving recklessness is a high bar to clear.

    Medical Malpractice Case Damages and Compensation

    If you have been hurt by a medical professional, there is room for you to get compensated according to the law. There are special damages, general damages, and punitive damages.

    Special damages cover certain expenses such as medical bills and missed past work. These are more exact than general or punitive damages, but they can involve some guesswork especially as it relates to future medical expenses. Having documentation here can really help you out.

    General damages come from the patient’s suffering. Pain and suffering is very much real, but it can be more abstract and harder to quantify. The most common examples of this are the loss of enjoyment of life, loss of future earning capacity, and physical and mental pain. To arrive at a dollar value, the patient and others need to give evidence about the pain and suffering the patient experienced. In addition, an expert may come in to testify about how to evaluate future lost earning capacity.

    In some cases, there may also be punitive damages. This is when the actions of the healthcare professional were especially egregious, where they knew that they were behaving in a harmful manner. A judge or jury may want to punish this behavior to discourage similar behavior in the future. The exact amount is decided by the court.

    Our experienced team at Panter Law is ready to fight for you today. We will be with you every step of the way. Call us today, so we can fight for you.

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    Panter, Panter & Sampedro
    Panter, Panter & Sampedro

    Personal Injury

    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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