Injuries can result even when your doctor is doing their best to treat you properly. However, in some cases, a doctor behaves negligently and fails to meet their duty of care to a patient. If you sustained injuries or a family member died as a result of the doctor’s negligence, you may be able to collect compensation for your damages.
Actions That Might Constitute Medical Malpractice
Medical malpractice can occur when a medical professional fails to meet the standard of care and causes harm to a patient.
Below are examples of medical malpractice:
- Delayed diagnosis
- Improper treatment
- Birth injury
- Insufficient care during pregnancy
- Surgical errors
- Anesthesia dosage
- Wrong prescription/incorrect dosage
- Infections acquired from the hospital
- Failing to obtain informed consent
The list above is not an exhaustive account of all the ways in which a person may become a victim of medical malpractice. If you suffered injuries or your disease worsened after receiving medical treatment, you may have a case. Call Anidjar & Levine to discuss your case: 1-800-747-3733.
Medical Malpractice Cases Stipulations in Miami Gardens
There are requirements you must meet to file a medical malpractice suit in Miami Gardens. Without these rules set in place, virtually any medical professional could face legal action for almost any reason.
You had a Patient-Practitioner Relationship
To file suit, you must have had a patient-practitioner relationship. Practitioners can include doctors, emergency medical technicians, nurses, physical therapists, anesthesiologists, and more.
A valid patient-practitioner relationship means the provider must have agreed to treat you.
The following would not be sufficient to build a case:
- Following the advice of a television doctor
- Doing what a friend’s doctor told them to do
- Taking medications you saw on a commercial, but a doctor did not prescribe
The Healthcare Professional Was Negligent
Every medical practitioner must perform his or her duties to reflect a standard of care. Florida Statute § 766.102 states the medical practitioner must adhere to a standard of care, which means they must act the way any other reasonable person in the field would have if they were the same position when treating you.
The Medical Negligence Caused You Harm
If a medical professional caused you harm, it had to be due to negligence. As denoted above, negligence can come in the form of a mistake when treating a patient.
In addition, your injuries may be the result of a lack of informed consent. This basically means the medical professional did not give you the necessary information about the benefits and potential side effects, which may have affected your decision to go with the suggested treatment.
You Sustained Damages Due to Your Injuries or Illness
You must be able to prove that the injuries you sustained are a result of the negligence of your medical professional.
The following may not qualify:
- Getting plastic surgery and not being happy with the results
- Having an untreatable condition
- Your condition becoming worse after treatment
What happened in your medical malpractice case? Call the Law Offices of Anidjar & Levine at 1-800-747-3733 to determine if you have a valid claim.
Who is Liable in a Medical Malpractice Case?
When it comes to medical malpractice cases, an array of parties may be liable for your injuries.
Some potential liable parties include:
- Emergency medical technicians
- Dental hygienists
- Pharmacy technicians
- Physical therapists
In addition to the above-mentioned parties, hospitals and pharmaceutical companies may also be liable in medical malpractice cases.
How Can the Law Offices of Anidjar & Levine Help You?
If you have a valid medical malpractice case in Miami Gardens, our personal injury lawyers may be able to help you in the following ways:
Seek Expert Witnesses
In many scenarios, medical malpractice cases require the testimony of a medical expert. This expert witness may be able to provide insight and argue that your injuries were a result of a medical professional’s negligence.
Communicate on Your Behalf
If the Law Offices of Anidjar & Levine represents you, our legal team will speak to insurance companies, the defendant’s lawyers, and medical experts. If the medical professional’s insurance company wants to settle, our team can negotiate a settlement or file a lawsuit on your behalf as well.
Our team may be able to assist in gathering evidence such as:
- Insurance claims
- Expert testimony
- Video footage or images of your injuries
- Medical reports
Estimating Your Damages
Our team may be able to estimate your compensation based on:
- Medical expenses
- Pain and suffering
- Lost wages
- Accommodations that you need to make to your home or vehicle
- Special transportation needs as a result of your injuries
- Lost earning potential
- Diminished quality of life
Our team can assist with scheduling appointments for you as they relate to your case.
Filing a Lawsuit
If we cannot agree on settlement terms with the liable parties, we may see fit to file a lawsuit. However, according to Florida Statute § 95.11, you only have two years from the date you suffered your injury or discovered your injury to file suit.
Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for more details on how our legal team can assist you.
What Should You Do After Experiencing Medical Malpractice?
If you have sustained injuries due to a medical professional’s negligence, take the following steps.
File A Report with The Hospital
File an official complaint or report with the hospital, doctor, or management regarding your injuries. Ask for a copy of your statement.
Keep Track of Your Experience
Keep a journal of your medical malpractice experience. Include details such as:
- Medical costs as they relate to your injuries
- Dates of medical appointments and with whom they took place
- Correspondence between you and the establishment where you filed a complaint
- Wages lost due to missed work
- Your condition, as it worsens or heals
- Any pain you feel
- Your quality of life compared to before the injury
Seek Legal Counsel
Speak with our legal team to discuss the details of your malpractice case. Bring copies of all documents you have kept, including any supporting evidence you may have.
We Can Help.