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Miami Medical Error Attorneys

Medical Malpractice and Medical Negligence, a Leading Cause of Death

Medical malpractice is a leading cause of death in the United States, according to multiple research studies.  Every year, places like Miami, Broward, Palm Beach, and other heavily populated cities and counties throughout Florida see their share of medical mistakes resulting in severe injury or death.  According to a May 2016 study by Johns Hopkins, approximately 10 percent of all U.S. deaths are now due to medical errors and medical malpractice is the 3rd highest cause of death in the U.S.  Some studies have argued that the true number of fatalities caused by medical malpractice, medical negligence, and medical errors each year is much higher.  While the data on medical malpractice death rates varies, there is no question that far too many people die each year because of medical mistakes.

According to a September 2015 Washington Post article, a report by the Institute of Medicine stated that diagnostic errors “affect at  least 12 million adults each year, or about 5 percent of adults who seek outpatient care.”  These numbers are staggering.  While some diagnostic errors may not result in harm, others can mean the difference between life and death.

What Types of Medical Errors Constitute Medical Malpractice?

The medical malpractice cases we handle at Viñas & DeLuca, PLLC typically result from poor communication among healthcare practitioners, blatant errors in medical decision-making, failing to act timely, and other breaches of commonly accepted professional medical standards.

Before a medical malpractice case can be started in Florida, the injured party must obtain an affidavit from a medical professional stating that there is reasonable grounds to believe that medical malpractice has occurred.  By law, an attorney cannot make this determination.  Below are some examples of common medical errors which may form the basis of a medical malpractice or medical negligence lawsuit in Florida:

  • Failure to diagnose a disease or illness.
  • Failure to recognize the clinical signs and symptoms of a disease or illness.
  • Poor communication or documentation among healthcare practitioners.
  • Failure to order or properly interpret necessary imaging, blood work, or other testing.
  • Failure to order a STAT consultation.
  • Surgical errors.
  • Failure to adequately monitor a patient post-operatively.
  • Failure to guard against known surgical complications.
  • Negligently discharging a patient.
  • Misidentification of patients, surgical sites, or medications.
  • Patient mix-ups.
  • Inadequate staffing, policies, or processes.

This is by no means an exhaustive list.  It is important to note however that simply identifying a medical error is not enough to support medical malpractice or medical negligence case under Florida law.  To succeed under Florida law, a plaintiff in a medical malpractice case must prove that an injury or death resulted from a definitive breach of the prevailing professional standards of care.  A medical error standing alone is not enough It must also cause harm.

What Kind of Lawyer Do You Need for a Medical Malpractice Case?

Who you chose to represent you in a medical malpractice case is critical.  There are very few lawyers in Florida who routinely handle these types of complex litigation matters with success.  Under Florida law, medical malpractice cases are governed by a highly technical statutory scheme and are unlike any other kind of Florida personal injury matter.   This is part of the reason they can be some of the most expensive types of personal injury cases to litigate and why so many Florida personal injury lawyers shy away from handling medical malpractice cases.  Each of these cases require specialized legal and medical knowledge to successfully pursue.

Lawyers at Viñas & DeLuca have been handling Florida medical malpractice cases for many years and have successfully negotiated many multi-million dollar settlements for clients hurt by medical malpractice.  If you or a loved one is considering a medical malpractice lawsuit, be sure to consult with legal professionals experienced in this area.  At Viñas & DeLuca, all consultations are free and confidential, and we are available 24/7 to meet or confer with you regarding your potential case.  Contact Viñas & DeLuca, PLLC by calling (305) 372-3650. Or, you can chat with us online or complete our Free Case Evaluation Form and we will contact you.

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    They are the best. Super personable, professional, accessible, and conscientious. Moreover, they know how to get the job done and get the done and get a settlement. I highly recommend this law firm, you can't go wrong with them in your corner.
    Dr. John Carosso, Psy.D.