Medical malpractice cases are notorious for being complicated. Many law firms across the country do not take on such challenging cases because they do not have the experience or medical knowledge. Our dedicated medical malpractice attorneys have years of experience pioneering medical malpractice cases in Miami and bringing these very difficult and complex cases to trial. Our goal as members of the community is to ensure that everyone is entitled to the compensation and justice they deserve if they are injured, disabled or if their loved one suffered from a wrongful death due to the negligence or recklessness of healthcare professionals.
What Constitutes Medical Malpractice
It is important to understand that medical malpractice is not the same thing as being unhappy with the medical treatment. Medical malpractice refers to when there is a form of negligence performed by a healthcare professional that leads to an injury, prolonged injury, unnecessary complications or additional treatment.
How Do You Prove Medical Malpractice
In order to prove medical malpractice, it is required to show that the healthcare professional breached the standard duty of care. This is not an easy thing as medical issues can be complicated and confusing to those not in the medical industry. The standard duty of care is defined as a legal obligation of an individual (i.e. healthcare professional) to act with a sensible reason of care while performing any action that could harm others (i.e. surgery). Breaches of standard duty of care are applicable in all negligence cases including premise liability and automobile accidents.
To prove that a healthcare professional breaches the standard duty of care it is imperative to show what is to be expected, ordinary and true for any other patient under the same circumstance. The first step that what happened to you or a loved one was not what would happen to another patient. The second step is then connecting what happened to you led to some sort of injury, prolonged injury, unnecessary complications or additional treatment. If the negligence did not lead to the aforementioned things, then you do not have a medical malpractice case. The third step is then showing how the injury affected the quality of you or your loved one’s life.
An example of a medical malpractice lawsuit could be as followed:
Mrs. Jones went in for liposuction, a surgery that has been performed by Dr. Smith hundreds of times. During the surgery, Dr. Smith dropped one of his surgical instruments without realizing it. Dr. Smith sewed up Mrs. Smith and did not remove the surgical instrument. Post-surgery, Mrs. Jones experienced severe pain in her side but attributed it to the recovery process. However, weeks after surgery, she still felt a sharp pain causing her to miss more work that originally anticipated. She went back to the hospital where an X-Ray revealed that a surgical instrument was still inside of her. Mrs. Jones files a medical malpractice lawsuit against Dr. Smith asking for damages for the extra time she missed at work and prolonged pain and suffering.
What Damages Can I Get From A Medical Malpractice Case?
There are three different types of damages that can be awarded as part of a successful medical malpractice case.
- Compensatory Damages – This refers to damages that can easily be measured such as past medical expenses, future medical expenses, lost wages, and loss of earning capacity.
- Non-Economic Damages – This refers to damages that are not as easily measurable such as pain and suffering, mental anguish and loss of enjoyment.
- Punitive Damages – Although these types of damages are rare, if the judge finds that the healthcare professional acted with malicious intent, he or she might impose a fine onto the healthcare professional for even more money as punishment for their crime.
Medical Malpractice Expert Witnesses
Another major obstacle that comes with proving a breach in the standard duty of care is finding an expert witness. These expert witnesses are crucial for three reasons. First, they provide insight on what the standard of duty of care is for most patients. Secondly, they help explain complicated medical procedures to the jurors making it easier to understand how the medical negligence occurred. Thirdly, they also help bridge the gap and explain how the medical error led directly to your injuries.
Contact Our Medical Malpractice Attorneys
If you feel that you or a loved one has been a victim of medical malpractice then don’t hesitate to contact one of our medical malpractice lawyers. The statute of limitations for these types of cases is only two years from the date of the medical error that led to your injury or loved one’s wrongful death. We have built relationships with several medical expert witnesses and will perform an investigation to determine how your healthcare professional’s negligent actions led to injury or loved one’s wrongful death. Together we will advocate for you to achieve the highest settlement possible.