Florida is ranked number 8 in the nation in terms of how many medical malpractice claims there are per capita. Floridians make frequent trips to hospitals and clinics. Not all of these trips end well, unfortunately. While doctors are licensed professionals, they make mistakes. Those errors can be dangerous to the point that they might be deadly.
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It takes many years of study to be a doctor. It takes even more to know when a doctor made a mistake. This means that you will need to bring on another doctor who has specialized knowledge in the field being discussed. In certain cases, like when a surgeon leaves a sponge inside a patient, an expert witness may not be necessary.
On top of this, it would be necessary to prove damages. Disagreeing with a doctor is not enough to establish medical malpractice. Any of the following could be damage:
- Additional medical bills
- Lost wages
- Physical pain
- Loss of earning capacity
- Permanent injury
That isn’t meant to be a complete list. If you have a question, it is a good idea to consult a medical lawyer.
The plaintiff bears the burden of proof in a medical malpractice lawsuit. Proving medical malpractice in Miami depends a lot on the facts of the case. One of the best things that you could do for yourself would be to hire an experienced, aggressive attorney who can fight for your rights.
There are a wide variety of reasons that someone can bring a medical malpractice suit. The following is not meant to be a complete list, but could serve as a worthwhile starting point:
- Surgical errors
- Anesthesia errors
- Medication errors
- Birth injuries
All of these have high potential to seriously impact someone for the rest of their lives. These can all be emotionally and mentally scarring, and they can also have huge effects on your finances.
There are a few different components that are required to prove a medical negligence claim. The first thing you need to prove is that there was a doctor-patient relationship. What this comes down to is hiring the doctor, and the doctor agreeing to be hired. This is fairly easy to prove, as when a doctor begins seeing and treating you, that establishes this relationship. If you overhear something a doctor says at a party and act on that, you probably won’t have a good medical malpractice claim.
The next part of the equation is negligence. We talked about it a little above, but you need to prove that the doctor was not being reasonable nor careful. This almost always means that you need to hire an expert witness. If you’re upset with how your health care has treated you, that is probably not grounds for a suit.
If they caused you damage, that may be a reason to sue. Part of that involves establishing that the doctor was the one who caused the damage, and that you were injured.
Miami residents deserve someone who will be on their side, every step of the way. Our team understands better than everyone how traumatizing it can be to be injured by a healthcare professional. That is exactly why our team here will be in your corner and making sure that you receive justice.