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Hospital Negligence Lawyer Miami, FL

Hospital Negligence Lawyer Miami, FL

Receiving Compensation For Your Losses After Hospital Negligence

When you enter a hospital, your safety and best interests should be protected, as an experienced Miami, FL hospital negligence lawyer knows. But even when a patient seeks treatment at a well-known and respected institution, it’s still possible for that patient to experience hospital negligence. If you are the victim of a medical mistake due to inadequate hospital care, you might be searching for a top hospital negligence lawyer. You could be entitled to compensation that could help you cover costs associated with lost wages, medical bills, disability, pain and suffering, and more. Attorney Andrew Ellenberg has been advocating for his clients for more than 25 years, so you can trust him with your case. 

Table Of Contents

At the Law Offices of Needle & Ellenberg, P.A., our attorneys are committed to our clients. We are determined to work tenaciously toward the best outcome obtainable. Our lawyers can carefully investigate the circumstances surrounding your injury and may call on experts to help build your case. Give us a call today to arrange a free consultation. We serve clients in the Miami area, in Fort Lauderdale, and in communities throughout Florida.

Understanding Damages

You’ve likely seen the commercials on TV about personal injury, including hospital negligence, and how you can be compensated for damages. What exactly does that mean? The legal term “Damages” means any loss incurred from an accident, such as bodily injury or property damage. However, there are two different categories of losses that you may be compensated for. In civil cases where a loss is incurred due to negligence or illegal acts of another person, the plaintiff will be “compensated” for the injury or other loss. Compensatory damages are common in almost every type of injury case. 

General Damages

General damages are those that are clearly a result of the defendant’s actions. The compensation is not limited to only what would normally be the totality of the injuries. For example, if a person is in a minor accident where there would normally be only minor injuries, but they have a seizure after being given the wrong medication at the hospital, and the seizure resulted in brain damage, the hospital may be negligent. A hospital negligence lawyer in Miami Might seek damages for things like pain and suffering, disfigurement, physical impairment, mental anguish, loss of companionship, diminished quality of life, and more.

These types of awards vary greatly and are individual to each plaintiff, particularly in the case of pain and suffering or mental anguish. The jury, the attorneys, and the severity of the injuries all are factors in determining the total compensation to be awarded.

Special Damages 

Special damages are meant to reimburse the injured party for other expenses incurred as a result of the act. The purpose is to make the person “whole” from a financial standpoint for other losses incurred. However, the value of these losses must be proven. For example, if jewelry was lost or damaged, the replacement value would have to be derived from either a receipt for the original purchase or an appraisal. In the case of a hospital negligence case, these damages often relate to lost wages or loss of the ability to enjoy an activity. Our hospital negligence lawyer can further explain these damages to you during a consultation. 

Special damages may include repair or replacement of damaged property, loss of past wages and loss of ability to earn future wages, medical expenses incurred from the injury, loss of irreplaceable items, household expenses, trip interruption, and more.

These types of damages are much easier to determine since they are usually based on the value of the lost item or the total expenses already incurred. It may be more difficult to derive value for things such as future medical expenses. That is where expert witnesses may help you to reach a settlement, or on the other hand, to convince a jury to decide on the amount of the loss to be reimbursed.

Why Hospital Mistakes Might Occur

There are many reasons why medical mistakes may occur — and many ways that negligence could manifest in a hospital setting.

Hospital negligence can include:

  • Medication errors by a hospital pharmacy
  • Incorrect medication or incorrect dosage
  • Hospital-based infections like MRSA, C. diff, and pneumonia
  • Mistakes made in surgery
  • Defective medical equipment
  • Late diagnosis or incorrect diagnosis

It’s also possible for errors to occur because of more complex reasons, potentially involving several staff members or several small mistakes. Hospital negligence could occur due to understaffing, from staff members performing tasks they are unqualified to perform, or from failure to observe patients and alert a physician when needed. Lack of communication is another reason why mistakes might be made in a busy hospital, as our seasoned hospital negligence lawyer in Miami might explain. Even small procedural changes or budget decreases can affect the hospital’s overall functioning. As any compassionate hospital negligence lawyer Miami FL residents trust might attest, a good hospital knows that a patient’s health is more important than an effort to maximize profit.

At the Law Offices of Needle & Ellenberg, P.A., we are committed to helping you obtain the compensation you may be entitled to under the law to improve your quality of life. Our clients come first and we are wholly dedicated to their best interests.

5 Reasons You Need a Lawyer for a Hospital Negligence Claim

If you suspect that you or a loved one were injured or suffered in some way due to negligence while in the hospital, then you should consider speaking with our trusted team. You may have options for pursuing a legal claim, but you will not want to wait since that could limit your options. Even if you end up deciding not to move forward with a claim, you will at least know all of your options so that you can make a well-informed decision.

  • Legal Advice. There is no replacement for the legal advice of knowledge of a lawyer. They have been through cases like yours before and know the legal process. They can provide you with options and likely outcomes that will help you make educated decisions about how to move forward. You likely will have a lot of questions throughout the legal process, and a lawyer can answer them all to help you have a good understanding of your claim and what to expect at each step.
  • Explanation of damages. Depending on the details of your case, there may be damages that you can include with your claim that you haven’t even thought of. A lawyer will ask you questions about the details of your hospital care in order to determine if there are more damages that should be a part of your claim.
  • Get more compensation. It is more likely that you will get a higher settlement or amount of compensation if you have a lawyer representing you because they are experienced with the legal system and won’t be timid in the face of opposition. Your lawyer knows how to get the most out of a settlement or claim and will put that knowledge to work for you. Without a lawyer, the other party will do everything they can to intimidate and manipulate you into agreeing to a lower amount of compensation for your damages.
  • Negotiation experience. It is not uncommon for a claim to be settled outside of court through negotiations for compensation. Our lawyer will know what your case is worth and how to negotiate for what you deserve. Negotiations take a lot of strategy and confidence, and lawyers have both. The hospital and their lawyers will try to be intimidating, but our lawyer will not be easily swayed because they’ve worked through negotiations with people like this before.
  • Reduce your stress. It is understandable that this is a difficult time for you and that you have a lot of stress to deal with. Having a lawyer will help to minimize your stress because they will take on the load of the legal work on your behalf. Not having to worry about the details of your case like filing paperwork and communicating with other parties will make it an easier process for you.

Miami, FL Hospital Negligence Infographic

Types of Special Damages

Miami Hospital Negligence Statistics

According to a study conducted by researchers at Johns Hopkins University and the University of Michigan, one in 33 patients will experience preventable harm while in the hospital. The study also found that the most common types of preventable harm are medication errors, falls, infections, and surgical complications. These types of errors can have serious consequences for patients, including death, disability, and prolonged hospitalization.

Miami Hospital Negligence FAQs

If you are in need of a hospital negligence lawyer or suspect you might be, call Needle & Ellenberg, P.A. without delay. Medical malpractice cases can be difficult to prove and require the experience and resources of an established law firm. We are committed to protecting the rights of injured clients to fair and just compensation from those who harmed them, whether they be physicians, surgeons, or hospitals. Call us today to learn more about how we can aggressively represent you and your family.

What is a medical mistake?

A medical mistake is one in which a medical care provider of some kind performs an action, or does not perform an action in such a way that another medical care provider would do or not do under the same circumstances if they are reasonably proficient. Very often the mistake is not serious and no serious damage is done to the patient. In other cases, the damage is substantial, possibly permanent, or in some cases, fatal. 

When the damage is notable, and there is undeniable proof that the practitioner made an avoidable mistake, a lawyer can file a claim or lawsuit against the responsible party on behalf of the victim. If the victim died as a result of the malpractice, their surviving spouse, child, or other close family member can pursue legal action against the medical practitioner. Our hospital negligence lawyer handles wrongful death actions as well as personal injury claims. If any of these scenarios describes your family’s circumstances, we encourage you to call us and talk to an experienced and compassionate attorney.

Who can be held accountable for making a medical mistake?

Nearly anyone can be held accountable for making a medical mistake if certain legal criteria are met. This includes pharmacists, pediatricians, surgeons, hospitals, nurses, professional midwives, dentists, etc. As long as they were your care provider (as compared to someone with whom you only had a casual relationship or were merely an acquaintance of yours), they likely can be held accountable if they harmed you.

Under what circumstances can I file a claim or lawsuit to recover my medical malpractice damages?

When you meet with our hospital negligence lawyer for the first time, it will be an opportunity to review the circumstances of how the accident occurred to make sure they meet legal standards for a claim or lawsuit. For your case to be heard by a judge, the following must be true:

  1. The medical care provider was your caregiver and you were their patient. (There are certain exceptions to this which can be detailed by your medical malpractice attorney if it applies in your case.)
  2. The medical care provider acted in such a way that was not how an average, competent medical provider would have acted under those circumstances.
  3. As a direct result of their action, the medical care provider harmed you.
  4. The harm you suffered resulted in measurable and significant damages.

Hospital Negligence Glossary

When a hospital or healthcare provider fails to provide the expected standard of care, patients can suffer serious, life-altering consequences. If you’ve experienced harm due to hospital negligence, our Miami, FL hospital negligence lawyer can help you understand your rights. Below, we provide explanations of key terms related to hospital negligence cases to guide you through the legal process.

Hospital Negligence

Hospital negligence refers to instances where a hospital or its staff fails to deliver appropriate medical care, leading to harm or injury to a patient. This can occur in various forms, including medication errors, surgical mistakes, or the misdiagnosis of a condition. For example, a patient could receive the wrong medication dosage, which may worsen their condition or cause new complications. Surgical errors might involve operating on the wrong part of the body or leaving surgical instruments inside the patient. Additionally, failing to diagnose a critical condition in a timely manner can result in significant harm or even death. In these cases, hospitals can be held accountable if their negligence directly leads to a patient’s injury.

It’s important to note that hospital negligence not only encompasses the actions of doctors but also nurses, technicians, and other staff members involved in patient care. If these individuals deviate from the standard of care expected in their professional duties, the hospital may be held liable for the resulting damages.

Compensatory Damages

When a person is harmed due to hospital negligence, they may be entitled to compensatory damages. These damages aim to cover the financial impact of the injury. In cases involving medical malpractice, compensatory damages can include reimbursement for medical bills, the cost of ongoing treatment, lost wages, and rehabilitation expenses. For example, if someone is unable to work due to injuries caused by a hospital’s negligence, compensatory damages would include the wages they lost during their recovery period.

In hospital negligence cases, it’s crucial to document every expense related to the injury, as these records will play a significant role in determining the compensation amount. Proper documentation includes receipts, medical reports, and employer statements regarding lost income. This type of compensation is intended to put the injured party back in the position they would have been in had the negligence not occurred.

General Damages

In addition to compensatory damages, a victim may also seek general damages for non-economic losses. These are less tangible and cover the emotional and psychological impact of the injury. General damages often include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. For example, if a patient suffers severe anxiety or depression as a result of a botched surgical procedure, they may be entitled to general damages.

Because these damages are subjective, their value is often determined based on the severity of the injury and its impact on the individual’s daily life. This can be a challenging aspect of a hospital negligence case, as it requires a thorough understanding of how the injury has affected the victim’s mental and emotional well-being.

Special Damages

Special damages are more straightforward than general damages because they cover specific, quantifiable financial losses caused by negligence. In hospital negligence cases, special damages might include expenses for additional surgeries required to correct mistakes, the cost of prescription medications, or therapy sessions necessary due to emotional trauma. If a patient needs long-term care or specialized equipment to assist in their recovery, those costs would also be included under special damages.

Unlike general damages, which are subjective, special damages can be clearly itemized and documented with bills, invoices, and receipts. This clarity makes it easier to establish the financial impact of the hospital’s negligence in a legal claim. The goal of special damages is to fully reimburse the victim for every cost incurred as a result of their injury.

Wrongful Death

When a loved one dies due to hospital negligence, surviving family members may have grounds to file a wrongful death claim. This legal action is intended to provide compensation for losses suffered by the deceased’s family. In wrongful death cases, damages might include compensation for the loss of companionship, future financial support, and funeral expenses. For instance, if a hospital fails to diagnose a treatable condition in time, and this failure results in a patient’s death, the hospital may be liable for the resulting losses.

Wrongful death claims can be complex, as they involve proving that the hospital’s negligence directly caused the death. Typically, a legal representative or close family member, such as a spouse or child, must initiate the claim. The compensation awarded in these cases is meant to address both the financial and emotional impact of the loss on the family.

At Needle & Ellenberg, P.A., we understand that dealing with the aftermath of hospital negligence can be overwhelming. If you or a loved one has suffered due to inadequate medical care, we’re here to help you seek the compensation you deserve. Contact us today to discuss your case and explore your options for moving forward.

Needle & Ellenberg, P.A. Miami, FL Hospital Negligence Lawyer

1401 Brickell Avenue 9th Floor Miami, FL 33131

Contact Our Office For A Free Consultation

At the Law Offices of Needle & Ellenberg, P.A., we understand that a mistake made in a hospital can cause devastating damage to a patient and their family. Our team has over 50 years of combined experience when it comes to personal injury and wrongful death cases and we can help you. For more information about our law firm, or to schedule a case evaluation with a top hospital negligence lawyer in Miami, FL callus today.