When patient injury or death results from a medical professional’s actions or omissions, it’s called “medical malpractice” or "medical negligence". With decades of experience and a deep understanding of medicine, our experienced Miami medical malpractice attorneys and legal team knows what it takes to win these lengthy and complex cases, and we won’t rest until you and your loved ones have been fully compensated for any damages.
Are you eligible for a medical malpractice lawsuit?
To file a medical malpractice lawsuit, your injury, or the death of your loved one, must have been due to the negligence of a medical professional. To win this type of case, your Miami medical malpractice lawyer must be able to prove that:
A patient / doctor relationship existed.
In order to file a medical malpractice lawsuit, you must be able to prove that you had a patient-doctor relationship with the physician. Doctors can only be sued if they were hired by the patient to provide medical care.
The doctor behaved in a negligent manner.
To sue for medical negligence, you must be able to show that your doctor’s actions or omissions caused harm that a competent doctor could have prevented. This will require a medical expert to testify to how doctors should behave in similar situations, and how your physician’s actions deviated from that standard.
The patient’s injuries were caused by the doctor’s negligence.
You must be able to prove that you sustained injuries that were directly caused by the doctor’s negligence. For example, if your doctor demonstrated medical negligence, but you didn’t sustain any injuries, you do not have a medical malpractice suit. However, if your doctor’s negligence resulted in injury, caused mental and physical pain, led to lost earning capacity and wages, exacerbated your existing condition and/or contributed to additional medical bills, you may have a case of medical malpractice. Proving this portion of your case will require the testimony of a medical expert.
What medical malpractice damages can you recover?
Depending on the extent of your injuries, and whether or not the medical professional’s negligence resulted in a death, you and your family may be entitled to economic, non-economic and punitive damages, including:
- Medical expenses. This includes all past, current and future medical expenses, including ER visits, hospital care,
medical devices, doctor’s appointments and more.
- Lost wages and earning capacity. If you’re required to take a leave of absence from work due to your injuries, or
you are never able to resume work normally, you may deserve to be compensated for wages you would have earned if you had not been injured.
- Pain and suffering. This refers to the physical pain and suffering your injuries have caused, and will be
determined by the nature and extent of your injuries. Pain and suffering damages also include emotional distress caused by your injuries, such as
anxiety, depression, fear and mental suffering.
- Loss of consortium. In some cases, the spouse of a medical malpractice victim may be entitled to damages, including
a loss of companionship and sexual relations. These damages are most commonly awarded if you have experienced a permanent or life-altering injury.
In addition to the above damages, you may be entitled to additional punitive damages if it is determined that the medical professionals responsible for your injury acted with gross negligence or maliciousness.
During your case evaluation with among the best medical malpractice attorneys Miami has to offer, we will provide you with personalized guidance regarding which damages you’re entitled to recover, as well as how we can ensure you and your family receive the full compensation you deserve.
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