In your lifetime, it is highly likely you or someone you love will have to seek medical care for an illness, injury, or other health-related condition. Unfortunately, some doctors and hospital staff fail to provide adequate care to patients and cause further injury.
If a medical professional provides care that does not meet the standard of care and the patient suffers injuries or harm as a result, the doctor may be liable for medical malpractice. If you suffered injuries because of a negligent doctor, the Miami medical malpractice lawyers at the Law Firm of Anidjar & Levine can help you recover compensation.
Call us today at 800-747-3733 for a free case evaluation.
When does medical malpractice occur?
A lot of patients are unsure what medical malpractice is, and thus are unsure if they can sue a doctor they believe caused them harm. There are 3 general elements of a medical malpractice case:
- Failing to provide standard of care
Medical malpractice starts when a physician or other medical professional does not follow an acceptable standard of care. Must of our efforts will go into proving that your doctor failed to abide by the acceptable standard of care.
The standard of care reflects what another reasonable medical professional would do in similar circumstance. We may rely on expert testimony from other physicians in the defendant’s field to establish an acceptable standard of care, and that your doctor did not adhere to it.
If we can prove your doctor did not follow the standard of care – that is, acted unreasonably given the circumstances – then we are a step closer to proving your medical malpractice case.
Some examples of medical malpractice include:
- Misdiagnosis or failure to diagnose: A physician may fail to accurately determine what is causing your symptoms.
- Surgical errors: Surgeons may leave medical equipment inside the body during surgery, operate on the wrong body part, or puncture an internal organ.
- Anesthesia errors: An anesthesiologist may administer too much anesthesia or fail to properly monitor the patient during surgery.
- Medication errors: Physicians may prescribe the wrong medication or incorrect dosage.
- Lack of informed consent: A physician may fail to give the patient all accurate and necessary information regarding their treatment or fail to get consent to perform a procedure.
But we must also establish a connection between the doctor’s negligence (that is, failure to adhere to the standard of care) and your injuries or other damages. If a doctor misdiagnosed you, but you suffered no ill effects, it does not constitute medical malpractice. But if a doctor misdiagnosed you and your illness progressed because you failed to receive proper care, it may constitute malpractice.
We rely on medical expert testimony, your medical records, and other evidence to establish this connection between the doctor’s negligence and your injuries.
What compensation can I recover for a medical malpractice case?
The value of your settlement or judgment will depend on the details of your case. We may even rely on medical expert testimony regarding the impact of your injuries or illness to establish a prognosis and the future costs, losses, and other effects of your damages.
Examples of recoverable damages in medical malpractice cases include:
- Medical expenses to treat new illness or injuries
- Lost wages or loss of future earning capacity
- Pain and suffering
- Funeral expenses
Your lawyer will provide a complete, detailed analysis of your damages and their value after examining the specifics of your case.
Can I sue someone other than my doctor?
In many cases, you can file suit against a party other than your doctor. There are many parties involved in patient care and each has a standard of care they must follow. If one or more parties breached the applicable standard of care, they may be liable for your injuries based on their negligence.
You can sue the medical team responsible for your patient care if a medical professional acted negligently and you suffered harm as a result. The members of your medical team may include:
- Nurse practitioners;
- Anesthesiologists; and
- Physician’s assistants.
Hospitals may be liable for medical malpractice under certain circumstances:
- Negligent hiring: Hospitals must do their due diligence when hiring new employees by conducting background checks. If a patient suffers injury or harm due to the hospital’s failure to make reasonable inquiries regarding employee education, criminal history, or credentials, the hospital may be liable for negligent hiring.
- Vicarious liability: Under the theory of vicarious liability, hospitals may be liable for the negligent actions of their employees if the employee was acting within the scope of their employment.
- Shortage of employees: Hospitals must make sure there are enough nurses and staff members present at all times to provide quality care to patients. If a patient suffers injury due to a lack of staff, the hospital may be liable for damages.
Drug manufacturers may be liable for medical malpractice if they failed to inform of side effects, safety concerns, or any other possible complications relating to the medication.
The Miami medical malpractice lawyers at the Law Firm of Anidjar & Levine will evaluate your case to identify all parties that might be liable for your injuries. Call 800-747-3733 to set up a consultation to review the circumstances of your case.
How can I contact a lawyer to help with my case?
If you choose to file suit for medical malpractice, you will have two years from when you discovered or should have discovered the injury to file suit. However, you will not be able to file suit more than four years from the date of the malpractice.
With years of experience handling complex medical malpractice claims, we have successfully recovered economic and non-economic damages for victims all over Florida. For more information on how we can assist you, call 800-747-3733 today to set up a consultation with a medical malpractice lawyer in Miami.