Miami Medical Malpractice Lawyer

Miami Medical Malpractice Attorney

If you or a loved one was injured due to negligent or incompetent medical care, you may have grounds for a medical malpractice lawsuit to recover compensation for your losses. A healthcare professional or medical facility may be held liable when the evidence establishes that its negligence caused a patient’s injuries. In some cases, more than one party may be responsible.

In Miami, a medical malpractice claim may arise when a patient is injured because a healthcare provider failed to meet the applicable professional standard of care. Florida has specific requirements for pursuing medical-malpractice personal injury claims. Our Miami medical malpractice lawyers can evaluate the facts and help determine whether you may have a claim.

A Miami medical malpractice lawyer at the Law Offices of Wolf & Pravato can help you navigate the complexities of Florida law. We offer a free consultation to examine the facts of your situation and discuss an appropriate approach to your case. Contact us at (954) 633-8270 to get started.

Medical Malpractice Damages in Miami

Damages in a medical malpractice lawsuit generally fall into two categories: economic and noneconomic damages.

Economic damages refer to measurable financial losses resulting from an injury. These damages may include medical expenses, lost wages, and reduced future earning capacity.

Noneconomic damages address losses that are more difficult to assign an exact monetary value. They may include pain and suffering, mental anguish, disfigurement, and loss of companionship.

Florida Statutes § 766.101 concerns medical review committees and does not establish limits on medical-malpractice damages. Florida’s former statutory caps on noneconomic damages under § 766.118 were held unconstitutional by the Florida Supreme Court in Estate of McCall v. United States for medical-negligence wrongful-death claims and North Broward Hospital District v. Kalitan for medical-negligence personal-injury claims.

The damages recoverable in a particular Florida medical malpractice case depend on the facts, supporting evidence, available categories of damages, and applicable law. The historical $500,000, $750,000, $1 million, and $1.5 million figures should not be presented as current enforceable caps. Our Miami medical malpractice attorneys help victims evaluate and pursue the compensation that may be available in their individual cases.

Determining if Medical Malpractice Occurred in Miami

Under Florida Statutes § 766.102, the prevailing professional standard of care is the level of care, skill, and treatment that reasonably prudent similar healthcare providers would consider acceptable and appropriate under comparable circumstances. A medical-malpractice claimant must generally establish that the provider breached that standard and that the breach caused the claimed injury.

To prove negligence, the following elements generally must be established:

• Duty of care. The healthcare professional owed the patient a professional duty of care.
• Breach of the standard of care. The provider failed to act with the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under comparable circumstances.
• Causation. The provider’s breach caused or substantially contributed to the patient’s injury.
• Damages. The patient sustained compensable losses, which may include medical expenses, lost income, and pain and suffering.

How Medical Malpractice Happens in Miami

Medical malpractice may result from an act or omission by a healthcare professional that breaches the applicable standard of care and causes patient harm. Examples of conduct that may constitute medical malpractice include:

• Making an incorrect diagnosis, failing to diagnose a serious condition, prescribing inappropriate treatment, or causing a medical condition to worsen;
• Prescribing the wrong medication or an incorrect dosage;
• Failing to consider a patient’s medical history or obtain legally required informed consent;
• Making surgical errors, performing unnecessary surgery, operating on the wrong body part, or leaving a foreign object inside the patient;
• Making errors in anesthesia administration, including administering an excessive amount of anesthesia that causes brain damage or death; and
• Making laboratory errors or failing to act on laboratory results.

An unfavorable outcome alone does not necessarily establish medical malpractice. The evidence must generally show that the provider breached the applicable professional standard of care and that the breach caused the patient’s injury. A Miami medical malpractice lawyer at the Law Offices of Wolf & Pravato can help determine whether a healthcare provider’s conduct may support a claim. Call (954) 633-8270 today for a free consultation.

What Florida Law Requires

Florida law establishes specific requirements for pursuing a medical malpractice lawsuit. Our Miami medical malpractice attorneys can help investigate and build a foundation for your claim. Relevant evidence may include medical records, laboratory results, X-rays, photographs documenting injuries, prescription records, examination results, medical bills, employment records, and testimony from qualified medical experts.

Under Florida Statutes § 95.11(5)(c), a medical-malpractice action generally must be commenced within two years after the incident occurred or within two years after the injury was discovered, or reasonably should have been discovered. The statute also establishes a four-year period of repose, subject to specific statutory exceptions involving matters such as fraud, concealment, intentional misrepresentation, and claims brought on behalf of certain minors. Because these deadlines are fact-specific, consult a Miami medical-malpractice lawyer promptly to determine which deadlines apply to your potential claim.

We want to put our knowledge and resources to work for you. We are ready to hear your story, learn about your expectations, and evaluate a potential case against the parties responsible for your damages. Our Miami medical malpractice attorneys can handle communications and negotiations with the opposing parties and work to ensure that required legal documents are submitted within the applicable deadlines.

Damages You Can Pursue

The damages available in a medical-malpractice case depend on the facts, supporting evidence, and applicable law. Potential compensation may include:

• Past, current, and future medical expenses;
• The cost of ongoing physical therapy and rehabilitation;
• Lost wages;
• Reduced earning capacity;
• Pain and suffering;
• Emotional trauma; and
• Funeral and burial expenses in a legally supportable wrongful-death claim.

A member of our team can help document and calculate your damages. Many medical-malpractice cases are resolved through settlement, but if a fair agreement cannot be reached, we are prepared to pursue the case in court when appropriate.

Contact the Law Offices of Wolf & Pravato to Discuss Medical Negligence

To prevail in a Miami medical malpractice lawsuit, a claimant generally must establish that:

• The medical professional owed the patient a duty of care;
• The medical professional breached the applicable professional standard of care;
• The breach caused or substantially contributed to the patient’s injury; and
• The patient sustained compensable financial or emotional damages.

You do not need to face the financial burdens that can accompany a medical malpractice injury alone. Our Miami medical malpractice lawyers can help you investigate the healthcare provider’s conduct, document your damages, and pursue the compensation available under Florida law.

Get Help from a Miami Medical Malpractice Lawyer

If you or a loved one has suffered because of medical malpractice, our team can pursue compensation on your behalf for the resulting losses. We will handle the legal process while you focus on recovering. For a no-obligation, free consultation, call the Law Offices of Wolf & Pravato today at (954) 633-8270.

For more information about your rights in a medical malpractice claim or injuries caused by a doctor’s negligence in Miami, speak directly with our Miami personal injury lawyers at the Law Offices of Wolf & Pravato by calling 1-954-633-8270.