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.

At Panter, Panter & Sampedro, our Miami-based personal injury attorneys are well-versed in the process of litigating medical malpractice claims. That means that we know what it takes to win your case. Our attorneys are ready to help you fight for justice today.

If you have suffered a serious injury because of medical malpractice, we can help you. Our firm has obtained verdicts and settlements in excess of $100 million for our clients. Call us now at 305-662-6178 for a FREE CONSULTATION with one of our experienced Miami medical malpractice attorneys.

What Is Considered Medical Malpractice?

Most cases of medical malpractice happen due to medical negligence. This is substandard care to a patient. Essentially, this is when a health care professional fails to the type and level of care that a similar provider would act with in similar situations. This can include failing to diagnose a serious condition, unacceptable errors during surgery, or not telling a patient about a risk during treatment. It can be more than just those examples. If you aren’t sure it is best to ask a medical negligence lawyer.

Another claim someone can make for medical malpractice is recklessness. This standard is rarely met, in large part because legal precedent sets the bar quite high. If a doctor is drunk or on drugs while they are practicing, then most courts would consider that reckless. Anything short of that might be considered as reckless, but such cases are rare.

How Do You Prove Medical Malpractice?

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
• Disfigurement
• Permanent injury

Is Medical Malpractice Difficult To Prove?

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 personal injury attorney who can fight for your rights.

Common Types of Medical Malpractice Injuries

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:

• Misdiagnosis
• 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.

Medical Malpractice Negligence

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.

A Miami Medical Malpractice Law Firm You Can Trust

When Healthcare Providers Put You At Risk, You Need The Best Malpractice Attorneys By Your Side

Miami residents deserve a medical malpractice attorney with the expertise and resources required to hold negligent parties accountable and recover compensation. Our legal team understands how traumatizing it can be to be injured by a healthcare professional. That is why we are committed to be there in your corner every step of the way, making sure that you receive justice.

Call Panter, Panter & Sampedro today at 305-662-6178 for a FREE CONSULTATION with one of our qualified medical malpractice lawyers.

*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence which accrued after March 24, 2023 must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.