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 our relentless team of Medical Malpractice attorneys in Miami, who have achieved over 200 wins, recovering 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?

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

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.

Why Choose Us?

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., The Alvarez Law Firm 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.

How To 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 lawyer in Miami to represent you in your case.

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

Causes of Medical Malpractice

Many malpractice claims are caused by medical mistakes such as misdiagnosis, surgical errors, and improper medication administration.

Herb Borroto leads our team of experienced, persistent Medical Malpractice lawyers in Miami. In addition to being one of the sharpest legal minds in the industry, Herb is also a trained medical doctor, affording him a rare perspective on the most complex and intricate cases. For over 32 years, we have served our clients steadfastly, achieving multiple million-dollar verdicts that have helped individuals and families begin the healing process.

Below, you will find more information about the causes of medical malpractice cases handled at The Alvarez Law Firm.

FAQs

What is medical malpractice?

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

What sort of damages can be recovered from a medical malpractice lawsuit?

Will my case go to trial if we do have to file suit?

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 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.

What sort of damages can be recovered from a medical malpractice lawsuit?

Medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future; in appropriate circumstances, the law permits damages to be recovered by spouses, children, and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to malpractice.

Will my case go to trial if we do have to file suit?

While many personal injury lawsuits are settled before trial, our office prepares for every case as if it might ultimately be decided by a jury. We strongly believe in being prepared in the event that an agreement cannot be reached, and we leave no stone unturned to ensure a positive result for our clients. We will aggressively pursue resolution so that the process does not become unduly difficult, burdensome, or expensive.

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.

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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Medical Malpractice Attorney