Medical Malpractice Attorney in Miami

Hospitals, doctors, nursing homes, and healthcare providers will spend without reserve on legal fees to evade responsibility for the harm they may have caused. Still, despite their deep coffers, they differ from each relentless medical malpractice lawyer in Miami on our team, who have achieved over 200 wins and recovered millions in damages for our clients.

Is Your Situation Eligible for a Medical Malpractice Lawsuit?

Medical malpractice occurs when a medical professional injures a patient by failing to follow the recognized standard of care.

Some of the most common examples of medical malpractice include the following:

Misdiagnosis, or when a doctor fails to identify a patient’s condition or injury properly

Delayed diagnosis, such as when the doctor fails to order proper tests or communicate the test results, and a patient is harmed as a result
Failure to recommend the proper treatment
Surgical errors, such as when the wrong surgery is performed, the wrong body part is operated on, or equipment is left in the body cavity
Birth injuries resulting in severe harm to the infant

How Do You Prove Medical Malpractice in Miami?

To bring a successful claim for medical malpractice in Miami, an individual must establish that:

A doctor-patient relationship exists
The doctor provided substandard care and was negligent in some way
The doctor’s negligent care caused the patient’s injury
This injury resulted in significant harm to the patient
The doctor can remedy harm with damages, which are meant to compensate for losses sustained because of the malpractice

When proving medical practice, several types of evidence are helpful, such as:

Medical bills can prove the expenses you incurred as a result of the malpractice
Pay stubs can establish the amount of income you have lost while recovering
Medical professional testimony can prove the extent of your injuries
Testimony from you, your family, and your friends can help show how the injuries have affected your life

Common Medical Malpractice Examples

Medical malpractice occurs when a healthcare provider’s negligence or failure to meet the accepted standard of care causes harm to a patient. These errors can result in significant physical, emotional, and financial consequences. Below are some common examples of medical malpractice:

Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition or diagnosing it incorrectly leading to delayed or improper treatment.
Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside a patient.
Medication Errors: Incorrect prescribing, administering the wrong medication, or failing to account for drug interactions.
Birth Injuries: Negligence during childbirth that causes harm to the mother or child, such as improper use of forceps or failure to monitor fetal distress.
Anesthesia Errors: Mistakes during the administration of anesthesia, including wrong dosage or failure to monitor vital signs.
Failure to Obtain Informed Consent: Performing a medical procedure without fully informing the patient of the risks involved.

If you or a loved one has suffered from medical malpractice, it's important to consult with an experienced attorney at The Alvarez Law Firm in Miami to understand your legal options for seeking compensation.

What Damages Are Practitioners Liable For?

Medical malpractice damages can be categorized as one of the following:

Compensatory damages

Compensatory damages may include economic damages, including:

Lost earning capacity
Lifecare expenses
Medical expenses
Past and future losses

These damages also include non-economic damages, which assess the injury itself, psychological and physical harm, such as:

Losing one’s vision or legs
Extreme pain
Emotional distress

Punitive Damages

Punitive damages are generally reserved when the defendant is found guilty of malicious or willful misconduct. Because punitive damage is a form of punishment, it is paired with actual or compensatory damages.

How We Prove Negligence in a Medical Malpractice Case

To prove negligence in a medical malpractice case, we must demonstrate that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused harm. At The Alvarez Law Firm, we use the following steps to build a strong case:

Review Medical Records: We thoroughly examine the patient's medical records to identify any errors or omissions.
Consult Medical Experts: We work with qualified medical professionals who can testify to the standard of care and how it was violated.
Gather Evidence: We collect all relevant evidence, including witness statements and expert opinions, to establish the provider's negligence.
Establish Causation: We prove that the provider's actions or inactions directly resulted in the patient's injury or harm.

Our goal is to demonstrate clear negligence and ensure you receive the compensation you deserve.

Will I Have To Go to Trial?

For some people, the risk of having their personal, private pain made public through a prolonged lawsuit prevents them from pursuing total and fair compensation for their medical malpractice injuries. Rest assured that, according to a 2007 U.S. Department of Justice study, about 95% of medical malpractice insurance claims settle before trial.

However, this does not mean your medical malpractice attorney won’t file a lawsuit. Most medical malpractice claims that settle before trial do so after your lawyer has filed a lawsuit against the medical provider and their malpractice insurance company. This helps convince insurance companies that you are serious about pursuing the compensation you deserve.

If you are concerned about keeping your private medical information out of the public record, simply filing a lawsuit will not expose much of that history. The initial complaint filed by your attorney will generally describe the following:

The nature of your injury
When the healthcare provider committed the malpractice
How it led to your injury
The extent of your current suffering and struggles

Florida Statute of Limitations for Medical Malpractice Cases

In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date you discover, or should have reasonably discovered, the injury caused by the medical error. However, the lawsuit must be filed within four years from the date the malpractice occurred, even if the injury is not discovered until later. It’s crucial to act quickly, as missing the deadline could prevent you from recovering compensation for your injuries. If you believe you’ve been a victim of medical malpractice, consulting with The Alvarez Law Firm can help ensure your case is filed within the required time frame.

How Do I Choose the Right Attorney?

While personal referrals are often the best place to start when finding an attorney, state bar associations are also good resources for finding lawyers who practice in the field in which you require assistance. Most lawyers offer a free initial consultation; you should take full advantage of this as an informed consumer. Be prepared with a written list of questions, and make notes during the consultation to compare the lawyers on your list later.

Essential questions to ask during this initial consultation include the following:

What is their area(s) of expertise?
What is a ballpark estimate of potential costs?
Do they have a legal team who will be handling your case with the attorney?
How does the lawyer communicate with their clients?
If you have a question, how should you contact them?
What is their response time like?
Do you feel at ease with this lawyer?
Will you feel comfortable asking them questions and bringing up issues that concern you?
Has the lawyer you've chosen been the subject of any disciplinary actions?

After asking these questions, you should be able to choose the right medical malpractice attorney in Miami to represent you in your case.

Why Choose the Alvarez Law Firm for Your Medical Malpractice Case in Miami?

The Alvarez Law Firm has a legacy of winning when the stakes are highest. Founded by one of the most accomplished civil justice attorneys in the U.S., it is a boutique trial practice with an unrivaled record and reputation for courtroom results.

Our firm has over thirty years of experience winning Miami medical malpractice cases resulting in severe injury or death. The firm’s multi-million dollar verdicts against large corporations in Pharmaceutical, medical malpractice, and Injury cases have established key legal precedents while delivering justice and due compensation for its clients and their families.

Medical Malpractice FAQs

What is medical malpractice?

Do I need a lawyer to pursue a medical malpractice case?

Who can be sued for medical malpractice?

Who will receive money after a successful lawsuit for a birth injury?

What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice – can we make a claim even though no monies actually came from my pocket?

What if I was admitted as an emergency to the hospital and I do not know the names or the doctors because they were not my regular doctors?

What steps should I follow if I suspect medical malpractice?

If I signed a consent form before being treated, can I still sue?

If the patient is no longer alive, can I still pursue a medical malpractice claim?

How long will it take to resolve my case?

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider — a doctor, nurse, dentist, hospital, or hospital worker — whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient or patients. The profession itself sets the standard for malpractice by its own custom and practice.

Do I need a lawyer to pursue a medical malpractice case?

Yes. Medical malpractice cases are very complex and difficult to pursue and can be quite expensive to litigate. Our firm will obtain all of the proper medical records, laboratory results, pathological reports, and all other data resulting from testing that may be relevant to your case.

Who can be sued for medical malpractice?

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, healthcare facilities, and others providing healthcare services, such as nursing homes.

Who will receive money after a successful lawsuit for a birth injury?

If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful lawsuit will typically go to the child, sometimes in the form of a trust. Parents can receive compensation for emotional distress damages in some situations.

What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice – can we make a claim even though no monies actually came from my pocket?

Absolutely. It makes no difference who paid for the medical expenses. Healthcare providers are required by law to render care and treatment based on the acceptable standard of care.

What if I was admitted as an emergency to the hospital and I do not know the names or the doctors because they were not my regular doctors?

All doctors, nurses, and healthcare providers are required by law to document in the medical chart who did what, when, and why. There will be a record of the treatment that you received that can be easily obtained with your written authorization.

What steps should I follow if I suspect medical malpractice?

If you suspect malpractice:

Seek a second opinion.
Gather medical records and related documents.
Contact an experienced medical malpractice attorney at The Alvarez Law Firm.
File a complaint with the Florida Department of Health.

If I signed a consent form before being treated, can I still sue?

Yes, signing a consent form does not prevent you from suing for medical malpractice. Consent forms don’t protect healthcare providers from negligence. If the treatment was below the standard of care, our attorneys can evaluate your case.

If the patient is no longer alive, can I still pursue a medical malpractice claim?

Yes, family members can pursue a wrongful death claim if the patient dies due to malpractice. This includes compensation for loss of companionship, funeral expenses, and more. Our team can guide you through this process.

How long will it take to resolve my case?

Medical malpractice cases can take several months to a few years to resolve, depending on complexity and settlement negotiations. We will work to resolve your case as efficiently as possible while ensuring you get the compensation you deserve.

DISCLAIMER

Please note that the above answers to these questions should not be construed as legal advice, as all situations differ, and you should always consult the advice of a lawyer before making any decisions regarding injury claims or other legal matters referred to herein. These answers are intended to provide general information only.

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