Miami Medical Malpractice Attorney
Medical malpractice is a specialized and complex area of personal injury law. Because special statutes and procedures govern these cases, they are often expensive to litigate and commonly raise complex legal and medical issues. If you believe you or a loved one may have a claim for medical malpractice, it is important that you find an attorney experienced in this area of the law. It is also important that you seek legal advice sooner rather than later as these cases have a two-year statute of limitations in Florida and regularly require considerable time to properly evaluate.
Before a medical malpractice case can be filed, medical records must be obtained and reviewed by a medical expert. Unlike other personal injury cases, medical malpractice actions cannot be filed in Florida without a verified written medical expert opinion corroborating reasonable grounds to support a claim of medical negligence. So, time must be allotted for an expert to review all pertinent medical records after they are obtained. This can be time consuming and expensive. If a medical malpractice lawsuit is initiated, the parties are first required to participate in a 90-day “presuit period,” during which time the parties exchange information, review and investigate the claim, and explore a resolution of the case. If the case is not resolved during the 90-day period, a formal lawsuit can be filed.
Although the legal and factual complexity of medical malpractice cases often drives up litigation expenses, at Viñas & DeLuca there is never a fee for attorney’s time or a charge for litigation costs unless we are able to make a recovery for our client.
Patients and their families are often unsure whether medical negligence is to blame for an injury or death. More commonly, patients simply suspect a medical error has occurred. This is not surprising as medical errors are sometimes committed while patients are under anesthesia or in surgery, and maybe hard to detect absent specialized medical knowledge. The lawyers at Viñas & DeLuca have experience investigating, reviewing, and successfully pursuing medical malpractice and birth injury cases. Our goal in each medical malpractice case is to bring clarity and transparency to the facts and circumstances that caused injury and help our clients received the justice they deserve.
What you Need to Prove a Medical Malpractice Claim
First, you must identify a medical error that constitutes a deviation from the prevailing professional standard of care. That is, a failure to deliver “care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Essentially, you must identify and act of negligence.
Next, you must prove that the medical error, or deviation from the prevailing professional standard of care, caused an identifiable injury or wrongful death. This is not always as easy as it might seem. For example, there would not be a viable medical malpractice case where a radiologist misinterprets an imaging study if his or her mistake is quickly detected and no harm stems from the misreading. Similarly, there would not be a medical malpractice case where a doctor misdiagnoses a patient if his or her misdiagnoses does not lead to injury, loss, of harm. You must prove both an injury and that the injury was caused by medical malpractice.
Damages Available in a Miami Medical Malpractice Case
This depends on whether the medical malpractice case involves injury or death. In cases involving wrongful death, those potentially entitled to recover money may (but not necessarily) include the estate of the deceased, his or her spouse, and children under 25 years of age at the time of death. (In limited circumstances, blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services may also qualify as survivors entitled to recover money). Each of these survivors may potentially recover for lost support and services, any medical or funeral expenses incurred, and mental pain and suffering. A surviving spouse may also recover for loss of the decedent’s companionship and protection, and children under 25 may also recover for lost parental companionship, instruction, and guidance. Finally, the estate of deceased may recover for the loss of net accumulations (defined at Fla. Stat. § 768.18(5)). Where a minor child is killed because of medical malpractice, each parent may also recover for mental pain and suffering from the date of injury.
Damages in a Florida wrongful death case frequently involve primarily intangible damages, such as “pain and suffering.” There is no precise method for calculating these damages. Ultimately, a jury will be the arbiter of these awards if a case goes to trial. In doing so, a jury may consider the length of the relationship between a survivor and the decedent, the quality of that relationship, and the respective ages of the survivor and decedent, and how the overall loss of the decedent has effected a survivor.
In cases involving individuals harmed by medical negligence (not wrongful death cases), those individuals may be entitled to recover damages for one or more of the following: (i) loss of the capacity for enjoyment of life; (ii) pain and suffering; (iii) disability; (iv) physical impairment; (v) disfigurement; (vi) mental anguish; (vii) inconvenience; (viii) medical expenses; (ix) past and future medical bills; and (x) lost earnings and loss of earning capacity. Injuries to those married or involving children may also give rise to additional, derivative claims.
This is a very general overview of damages available in medical malpractice cases filed in Miami. Determining who can properly recover damages, and the nature of those damages, in any particular medical malpractice cases depends greatly on the facts of the case and should be left to legal professionals.
Choosing The Right Miami Medical Malpractice Attorney
If you are looking for a medical malpractice attorney in Miami, choose carefully. Our attorneys have decades of combined experience handling medical malpractice cases in Miami, Palm Beach, Orlando and throughout Florida. We also have a long track record of success. While we are proud to have recovered millions and millions of dollars for our clients over the years, we are most proud of how we have helped our clients put their lives back together and back on track.
Medical malpractice actions are extremely complex. Attorneys handling these claims must have a comprehensive knowledge of the numerous Florida Statutes governing malpractice claims and an understanding of the medical issues involved in each claim. Our law firm often hires nurse paralegals and investigators to thoroughly review records in medical malpractice cases to ensure our lawyers have the necessary appreciations for the medical issues of each case.
Our Florida Office Locations
Viñas & DeLuca is headquartered in Miami, Florida and has offices available for consultation in Miami, Boca Raton/Palm Beach, and Tampa. We have handled cases in multiple state and federal jurisdictions throughout Florida. Click here for more information.
Contact a Miami Medical Malpractice Accident Attorney
If you or a loved one have been injured in a Florida personal injury or wrongful death matter, please contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. There is never a fee or cost to you unless our law firm can recover money for you. You can also complete our Free Case Evaluation Form or easily chat with us online, and one of our experienced Florida personal injury attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.
The 4 Steps We Take After You Retain Us
We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.
We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.
Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.
Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.
South Florida Medical Malpractice Lawyer
The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida. Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court. Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards. The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.
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With An Experienced Attorney
We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.