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Healthcare providers play a critical role in maintaining and improving our health, but mistakes or negligence can lead to devastating consequences for patients. Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm or injury. In Florida, victims of medical malpractice have the right to seek compensation for their losses.
If you believe you or a loved one has been harmed due to a medical error, consulting an experienced Miami personal injury attorney is an essential first step.
Medical malpractice is more than just a simple mistake; it involves negligence or a deviation from the accepted standard of care. To establish a medical malpractice claim, the following elements must be proven:
Common examples of medical malpractice include:
If you’ve experienced one of these scenarios, a skilled medical malpractice lawyer or medical negligence attorney can evaluate your case and guide you through the legal process.
Florida has specific laws and requirements for pursuing a medical malpractice claim. Understanding these legal nuances is crucial to ensuring a successful case.
In Florida, you generally have two years from the date of the malpractice or discovery of the injury to file a claim. However, no claim can be filed more than four years after the malpractice occurred, except in cases involving fraud or concealment.
Florida requires victims to complete a pre-suit process before filing a medical malpractice lawsuit. This involves:
These steps ensure that only legitimate claims move forward, but they can also be complex and time-consuming. Working with an experienced Florida personal injury lawyer can help you navigate this process effectively.
Florida previously imposed caps on non-economic damages, such as pain and suffering, in medical malpractice cases. However, in 2017, the Florida Supreme Court ruled these caps unconstitutional, allowing victims to recover full compensation for their emotional and psychological harm.
Building a strong medical malpractice case requires substantial evidence and expert testimony. Key steps include:
A skilled medical malpractice lawyer will ensure your case is thoroughly prepared and effectively presented.
Victims of medical malpractice in Florida may be entitled to compensation for:
Consulting a Miami personal injury attorney or medical negligence attorney can help you determine the full value of your claim.
Florida has seen several high-profile medical malpractice cases, including:
These cases illustrate the critical role of a knowledgeable Miami personal injury attorney or medical malpractice lawyer in securing justice for victims.
If you suspect you’ve been a victim of medical malpractice, taking the following steps can protect your rights:
At Wolfson & Leon, we understand the challenges victims face after medical malpractice. Since 1963, our team of experienced Miami personal injury lawyers has been dedicated to fighting for justice and fair compensation for clients throughout Florida.
We proudly serve clients in:
If you or a loved one has been harmed by medical malpractice, call us at (305) 285-1115 for a free consultation. Let us help you hold negligent providers accountable and secure the compensation you deserve.