Involvement in Medical Malpractice?
As a citizen who want to have a healthy lifestyle and prevent any health issue that may cause harm, an average person is recommended to visit any medical facilities at most, 4 times a year. Such visits may also vary from age of the person or their gender. In light to this, there are moments where a person is involved in a medical malpractice. Have you been, or anyone from your loved ones been in a medical malpractice predicament? What actually caused such problems to happen? Were you or your loved ones able to compensate yourselves for such errors? Here is an extensive directory on how to handle medical malpractice and how to receive a consultation from your local medical malpractice attorney.
What is Medical Malpractice?
Medical malpractice is an occurrence where any professional in the medical field, disregards the proper approach in providing health care treatment which leads to a person’s injury or possible, death. It is confirmed that medical malpractice in 2023, records to up to 11 thousand reports and for the first half of 2024, recording 4,600 cases. Apart from misconceptions of medical malpractice, it is only estimated at a percentage of 5% for the deaths caused by medical malpractice results. Which actually states that as a case reported for lawsuit, medical malpractice is under-litigated.
Examples of medical malpractice are:
- Unnecessary surgical and medical procedures
- Providing wrong medications
- Negligent care (inpatient or outpatient) and aftercare
- Not properly recording patient history
- Errors in listing medical records of patient
Who are Eligible for Medical Malpractice Law?
In order to prove that you have experienced medical malpractice, you must provide the following evidence:
You had doctor-patient relationship;
The medical practitioner failed to provide a standard approach in treatment or was negligent;
The care provided caused injury/death;
The care provided was the “proximate cause” of the damages you sustained;
When Should You Hire a Medical Malpractice Attorney?
If you, or your loved ones live in Miami, and has experienced medical malpractice, you should contact your Miami medical malpractice attorney and carefully process the steps you need to take to file a proper legal case. These steps include:
Consultation with an Experienced Attorney: A medical malpractice attorney can assist you in handling the difficulties of your case and can provide you higher chances of winning.
Gathering proofs and evidence: Collect any possible documents, records, communications and other files that would prove your claim to being medically neglected with your medical practitioner.
Securing a second opinion: Get a proper assessment with a trusted medical practitioner to discern the damages you have sustained and receive an affidavit that proves medical negligence.
Filing a Notice of Intent: It is mandated to provide your medical practitioner with Notice of Intent to Sue before you can initiate your claims. This notice would require an affidavit written by another medical practitioner which provides statement that you have a valid medical practitioner claims.
Filing with the court: Identify the proper court with jurisdiction and file with all the necessary paperwork for the case.
Negotiating settlement: Often times, medical malpractice cases are solved through negotiation or settlement. Your respective attorney will be the one to arbitrate on your behalf.
Filing a lawsuit: If the case will not reach any settlement, it will be your attorney’s responsibility to then file a lawsuit with your medical practitioner.
Why Should you Hire a Medical Malpractice Attorney?
Like any other complex cases, a medical malpractice case is time-consuming and complicated. As such, filing for cases like this will be bound to a lengthy legal process. One of the main reasons for this is if the medical practitioner you are suing disputes your claims. An experienced medical malpractice attorney can provide you with the following assurances:
- Your rights as a citizen and as a patient
- Assist you in gathering the necessary documents
- Represent you in hearings or appeals
If you are still undecided on how to proceed, you can consult with a knowledgeable attorney and communicate on the best approach with your case without sustaining any more damages than you can receive.
Final Thoughts
If you have great trust in your medical practitioners, then malpractice may be the least of your concerns in life. However, being aware of the laws that cover this can substantially provide assistance to you or any of your loved ones, if you experience the likelihood of such issues. Understanding the process of how medical malpractice cases are done can also provide you a level of certainty that your rights as a citizen is being well-protected.
Do not forget to seek guidance with your trusted Miami Medical Malpractice Attorney and know that you are properly supported. Do not try and traverse such complexity on your own, attorneys at law are there for a reason.