Hospital Negligence Lawyer Miami FL
When you enter a hospital, your safety and best interests should be protected, as an experienced hospital negligence lawyer Miami, Florida relies on 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 Miami FL has to offer. You could be entitled to compensation that could help you cover costs associated with lost wages, medical bills, disability, pain and suffering and more.
Table Of Contents
- Why Do Mistakes Occur In Hospitals?
- 5 Reasons You Need A Lawyer For A Hospital Negligence Claim
- Hospital Negligence: What Are Damages?
- Types Of Special Damages May Include Infographic
- Who Can Be Held Accountable For A Medical Mistake?
- Miami Hospital Negligence Statistics
- Contact A Local Miami FL Hospital Negligence Lawyer For A Free Consultation
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.
Why do mistakes occur in hospitals?
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, or 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 a seasoned hospital negligence lawyer Miami FL provides 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 even 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 your options with a hospital negligence lawyer Miami, FL recommends. 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 that decision well informed. Call today to set up a consultation.
- 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 but your Miami, FL hospital negligence lawyer is familiar with because they’ve handled cases like this before. 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. A 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 a hospital negligence lawyer in Miami, FL 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.
Hospital Negligence: What Are 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. It should be noted that without actually consulting a hospital negligence lawyer Miami, FL families trust, you will not know what damages are applicable to your own case.
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, FL might seek damages for:
- Pain and suffering
- Physical impairment
- Mental anguish
- Loss of companionship (in the case of wrongful death, this goes to the family)
- Diminished quality of life
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, the severity of the injuries all are factors in determining the total compensation to be awarded. As a hospital negligence lawyer in Miami, FL might explain to you, most cases are settled before they are presented to a judge or jury. This not only saves you time, but can also save you an enormous amount of stress.
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. A hospital negligence lawyer Miami, FL community members recommend can further explain these damages to you during a consultation.
Types of 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 (and potential future expenses)
- Loss of irreplaceable items
- Household expenses
- Trip interruption
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 come to a decision on the amount of the loss to be reimbursed.
Types of Special Damages May Include Infographic
Who can be held accountable for a medical mistake?
If you are in need of a hospital negligence lawyer in Miami FL, 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. Needle & Ellenberg, P.A. and every hospital negligence lawyer in our firm is a respected and resourceful member of the legal community. 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 Miami FL hospital negligence 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 Miami FL 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:
- 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.)
- The medical care provider acted in such a way that was not how an average, competent medical provider would have acted under those circumstances.
- As a direct result of their action, the medical care provider harmed you.
- The harm you suffered resulted in measurable and significant 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.
Contact A Local Miami FL Hospital Negligence Lawyer 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. It’s important for patients to feel confident in their medical care provider — and to know that there’s a local hospital negligence lawyer in Miami FL residents rely on if a mistake is made. For more information about our law firm, or to schedule a case evaluation with a top hospital negligence lawyer Miami FL trusts, call us today.
Needle & Ellenberg, P.A.
1401 Brickell Avenue 9th Floor Miami, FL 33131