Miami Medical Malpractice Lawyer
Medical Malpractice Lawyer Miami FL as an experienced medical malpractice lawyer Miami FL relies on, our firm knows that medical malpractice injuries occur all too often. It’s impossible to completely eliminate the risk of mistakes in certain medical procedures and treatments; but when you or a loved one has been harmed by the negligence of a healthcare professional, you may want to consider your legal options. If you’re unsure about whether or not you would benefit from taking legal action, we recommend consulting with a Miami FL medical malpractice lawyer, residents trust. At the Law Offices of Needle & Ellenberg, P.A., we have a proven track record of helping people injured by medical malpractice obtain the financial compensation they deserve. By pairing each of our clients with a skilled medical malpractice lawyer Miami FL has to offer, we help our clients understand the various legal options at their disposal.
What Happened In Your Case And Who Is Responsible?
Medical negligence can take many forms. From hospital infections to medication errors to misdiagnosis of an ailment, there are all sorts of ways that medical professionals can harm patients and cause grave damage. As a seasoned medical malpractice lawyer Miami FL trusts will likely know, it’s not always possible for medical professionals to predict or prevent mistakes from occurring. Nevertheless, medical professionals in certain situations still have a duty to protect their patients as much as reasonably possible.
You might want to seek legal counsel from a trusted Miami FL medical malpractice lawyer if any of the following mistakes have occurred:
- Surgical errors: When a surgical mistake causes serious injury, our firm may be able to help you hold the hospital and medical professionals accountable.
- Failure to diagnose or misdiagnosis: When doctors fail to detect or misdiagnose a serious medical condition such as cancer, the consequences can be catastrophic. We can aggressively advocate for you as you pursue proper compensation.
- Birth injuries: In a difficult labor and delivery, adequate care by doctors, nurses and other health care workers is crucial. Our attorneys want to help protect your rights when something goes wrong and injury results.
At the Law Offices of Needle & Ellenberg, P.A., our attorneys have more than 50 years of combined experience, and have recovered many significant verdicts and settlements for our personal injury clients. We are committed to doing everything we can within the law to advocate for our clients’ best interests when injuries result from errors in medical care.
What Should I Do if I Suspect I Have Been Harmed by Medical Negligence?
It is often quite difficult for patients to spot medical negligence at first glance. When adverse effects of medical treatment occur, patients often (understandably) simply assume that they are suffering from a known, unpreventable risk of a particular treatment. Sometimes, this is indeed the case. Other times, patients suffer adverse effects related to treatment that could have possibly been prevented, but that their physician, nurses and medical facilities are not legally liable for.
What is challenging however, is that sometimes patients unknowingly suffer due to adverse effects that could have been avoided had their medical care providers exercised a proper duty of care. The legal system allows patients to hold providers accountable for this negligent treatment, but it is not always easy to spot without the aid of an experienced Miami, Florida medical malpractice lawyer. If you suspect that your care providers may have been negligent in their approach to patient care, you should consider scheduling a consultation with Needle & Ellenberg, P.A. Once we learn about your unique situation, we can begin the process of determining whether you may have been affected by medical negligence. If our investigatory efforts reveal that you have grounds to file a medical negligence claim, we can help to support you and provide legal guidance throughout that process.
One of the reasons why it is so hard to know whether any specific patient has suffered as a result of medical negligence is that health care providers are not always forthcoming with information about their missteps. When you make a mistake at work (and admitting to that mistake could place you in a great deal of trouble) do you always own up to your missteps right away? Not all health care providers do. This is one of the reasons why it usually takes some investigating by a Miami, FL medical malpractice lawyer in order to determine when medical negligence has occurred. In the wake of a challenging medical reality, it can be tempting to avoid getting “bogged down” in questions of legality.
If you have recently been suffering as a result of adverse medical effects (possibly caused by medical negligence) you may understandably worried about assuming more stress. But please know that if you have been harmed as a result of another’s actions or inaction, bringing a claim could help you to obtain the financial resources you need to heal and help you to ensure that others do not suffer in the future. It is for these reasons that you should at least consider speaking with a Miami, FL medical malpractice lawyer, regardless of whether you ultimately choose to file a claim.
Medical Negligence Claims Assistance Is Available
If you find yourself questioning whether you may have been the victim of medical negligence, it is important to seek the legal guidance of a Miami, FL medical malpractice lawyer. Speaking with an attorney does not commit you to filing a claim. But if you do not take the time to make an informed decision about your situation, you may always wonder “what if?”. By speaking with a Miami, FL medical malpractice lawyer, you will place yourself in a position to make whatever informed choice is best for you and your family. Please consider scheduling a consultation today. Your future self just might thank you for it.
Can I Sue for Dental Malpractice?
When one thinks of medical malpractice, one tends to think of medical doctors. However, dentists qualify as doctors as well, and it is plausible, even common, that they commit malpractice. While a few factors differ, many aspects of a dental malpractice case are very similar to a malpractice action against a medical doctor, and it is still just as important that an injured patient be compensated for the harm they suffer. A medical malpractice lawyer in Miami FL can help victims of dental malpractice get the compensation they deserve.
Examples of Dental Malpractice
While a medical doctor’s malpractice might come in the form of a tangible breach of care, sometimes dental malpractice may not be discovered until something does not happen. In other words, it is more passive, and somewhat more common for dental malpractice to come in the form of neglecting to do one’s job, rather than making a mistake in doing it. Not every medical mistake rises to the level of malpractice, however, so in many cases the distinction may be irrelevant. Regardless of the form, however, dentists are bound by a duty of care toward their patients that is roughly identical to that of medical doctors though they are not expected to maintain such a high degree of skill. Malpractice occurs when this duty is breached. Examples of such malpractice may include:
- Delayed diagnosis or incorrect diagnosis
- Recommending or bullying patients into unnecessary procedures or aids
- Extracting or filling the wrong tooth
- Failing to perform hygiene procedures like sterilizing equipment
- Any other conduct that causes direct harm to the patient without any superseding cause
Like a case against a medical doctor, there are four criteria that must be met to prove negligence (and thus, malpractice) against a dentist. The first, the duty of care, is established by Florida law, and as such, the breach of duty is also somewhat established – for example, the state jury instructions stipulate that a dentist or other health care professional is negligent if they fail to use the same level of “skill, knowledge, and care” as any other reasonably careful professional; it must simply be clarified what that level is.
The other two criteria are proving demonstrable harm (not necessarily physical harm, but harm that can be shown to have lasted longer than mere minutes or hours) and proving that harm was caused by the defendant’s actions, without any other cause supervening. If there is another possible cause – for example, a hygienist may fail to sterilize equipment, and a dentist may extract the wrong tooth with the unsanitary equipment – it may be possible to bring a lawsuit against both actors.
Generally, if you can say that your harm would not have occurred but for the conduct of the defendant, you should stand a reasonable chance of proving your case. At the Law Offices of Needle & Ellenberg, P.A., our attorneys have more than 50 years of combined experience, and have recovered many significant verdicts and settlements for our personal injury clients. We are committed to doing everything we can within the law to advocate for our clients’ best interests when injuries result from errors in medical care.
When a medical professional makes a mistake, the impact can be significant on the patient, making the support of a Miami, FL medical malpractice lawyer necessary. Understanding medical malpractice is critical as it’s one of the most complex types of injury cases. However, having the help of a lawyer can be key to gaining insight into the case and the most appropriate course of action moving forward. Victims of medical negligence often suffer extensive damages, excruciating pain, and even financial loss. While the process can be stressful, The Law Offices of Needle & Ellenberg, P.A. can help victims protect their rights and hold the responsible party accountable. Through careful review, we can outline the full scope of the damages faced by victims and support them in moving forward quickly.
Understanding Medical Malpractice
When a medical professional makes an error and veers away from the medical standard of care, their negligence can cause catastrophic injuries to the victim. Patients put faith and trust in their healthcare providers, and they have a right to quality medical care. But, when this doesn’t happen, they have a right to take legal action against them for the losses they have suffered. There are several ways that medical malpractice might happen; examples include:
- Failure to Treat
- Medication Mistakes
- Birth Injuries
- Anesthesia Errors
- Surgical Errors
- Delayed Diagnosis
There is a long list of ways that medical professionals can cause harm to their patients. Pursuing damages will require an experienced Miami, Florida medical malpractice lawyer who can carefully evaluate the case, gather evidence, determine a case value and develop legal strategies for holding the responsible party accountable.
Reasons to Take Legal Action
Although medical malpractice cases can be complex to represent, it’s possible to reach the best possible outcome with the right legal team. While some victims may pause to pursue this option, there are several reasons to consider doing so:
- The damages may be more extensive than initially realized
- Medical expenses are costly and can add up over time
- Exposing negligence can instill change in how medical professionals operate
- To prevent this from happening to someone else
- Hold the responsible parties responsible
Most importantly, victims left with lasting injuries and losses have much healing to do. While nothing can change what happened, it’s possible to gain some sense of closure through the legal process.
Timing is Critical
Medical injuries can require significant recovery time, and pursuing a legal claim against the parties responsible may quickly become an afterthought. Yet, it’s essential to consider the timing when legal recourse is involved. Proving medical malpractice will take time as lawyers will need to carefully evaluate the evidence and ensure that the proper resources are acquired for the case. In addition to this, the legal team will also need to gain insight into the long-term impact of the injuries that were sustained to ensure that the determining case value is as accurate as possible. Most importantly, there is also the statute of limitations to contend with, which is the length of time victims have to pursue their case. In Florida, the statute of limitations for medical malpractice is two years, making timing a critical component to consider.
Victims suffering losses that resulted from negligence should contact The Law Offices of Needle & Ellenberg, P.A., a Miami, FL medical malpractice lawyer can rely on.
CONTACT YOUR LOCAL MEDICAL MALPRACTICE LAWYER IN MIAMI FL
If you or someone you love has been injured due to a preventable or predictable medical error, our legal team could help you fight for the compensation you deserve. We serve clients in Miami, Fort Lauderdale and communities throughout Florida. To discuss your specific situation in a confidential consultation with an top medical malpractice lawyer Miami FL can provide, call our firm today at (305) 530-0000 or email us.
Medical Malpractice and Prescription Errors
A trusted Miami, FL medical malpractice lawyer knows that if you have been the victim of medical malpractice and prescription errors, you should contact a law office you can trust, such as Needle & Ellenberg, P.A.
What is medication error malpractice?
Medication error malpractice refers to situations where healthcare professionals make mistakes or errors in prescribing, administering, or managing medications, leading to harm, injury, or adverse effects on patients.
Can you provide examples of medication errors that can lead to malpractice claims?
Medication errors can take various forms, such as prescribing the wrong medication or dosage, administering medication to the wrong patient, incorrectly filling prescriptions, failing to address potential drug interactions, inadequate monitoring of patient response, improper medication labeling or storage, and more.
What are the potential consequences of medication errors?
Medication errors can have serious consequences, including adverse drug reactions, delayed recovery, allergic reactions, organ damage, drug toxicity, mental or cognitive impairment, emotional distress, and even wrongful death in severe cases. In medication error malpractice cases, legal factors such as the standard of care, negligence, causation, expert testimony, and damages play important roles. Healthcare professionals must adhere to the standard of care, a breach of which can lead to malpractice claims. It must be proven that the breach caused harm, supported by expert witnesses. Damages suffered as a result of the error can be claimed for compensation.
What should patients do if they suspect they have been victims of medication error malpractice?
If patients suspect medication error malpractice, they should seek immediate medical attention, document and preserve evidence such as medical records and prescriptions, consult with a Miami medical malpractice lawyer specializing in medical malpractice, obtain expert opinions to assess the impact of the error, and consider filing a complaint or lawsuit to seek appropriate recourse.
What steps should you take?
If you suspect that you’ve experienced medical malpractice, it’s crucial to take appropriate steps. Start by gathering all relevant information, including medical records, prescriptions, and test results, to provide a comprehensive overview of your treatment. Next, seek a second opinion from another trusted healthcare professional to evaluate your condition and determine if negligence occurred. Maintain a detailed record of conversations, dates, times, and names of healthcare providers involved, as this documentation can be valuable later on. Additionally, you can consult with a specialized lawyer in medical malpractice cases who can assess the validity of your claim and guide you through the legal process.
You should report the incident to the relevant medical licensing board or regulatory authority to initiate an investigation into the matter and preserve any physical evidence, such as faulty medical devices or products, and document them through photographs if possible.
Though you could go to court, you can also consider alternative methods of resolution, such as mediation or settlement negotiations, depending on the circumstances of your case.
Miami Medical Malpractice Laws
Understanding Florida’s Medical Malpractice Laws
One of the most complex legal areas involves negligence concerning medical professionals, as a medical malpractice lawyer can explain. For anyone in Florida, it’s essential to comprehend the specific laws that govern this sector, whether you are a medical professional or a patient seeking justice for harm suffered due to negligence.
A Brief Overview of the Laws
Under Florida’s medical malpractice laws, patients are entitled to receive the best possible medical care while also ensuring that there are protections established for healthcare providers. In the event that a medical professional fails to provide the standard of care that a reasonably prudent similar medical professional would provide in similar circumstances, and this results in harm to the patient, the patient has a right to seek compensation.
Statute of Limitations
A critical aspect of Florida’s malpractice laws that claimants should be informed of is the statute of limitations. In general, patients have two years from the date they knew or should have known about the injury to bring forth a claim. However, under no circumstances can a claim be filed more than four years from the date of the actual incident, with a few exceptions related to minors or fraud.
As a Miami medical malpractice lawyer can explain, before a lawsuit is filed in Florida, the claimant must conduct an investigation prior to the suit. The purpose of this investigation is to determine if there are reasonable grounds to believe that an act of medical malpractice has occurred. This often involves having a qualified medical expert provide an opinion that the medical professional acted negligently. Once this is completed, a notice of intent to sue must be sent to the alleged wrongdoer, providing them an opportunity to respond.
Caps on Damages
The state of Florida previously had caps on damages associated with medical malpractice cases. These caps limited the amount a plaintiff could recover for things like pain and suffering. However, in recent years, the Florida Supreme Court found these caps to be unconstitutional. Therefore, while there used to be limits on what a victim could claim in damages, these caps no longer exist, allowing victims the possibility to receive full compensation for their injuries.
Navigating the Complex Landscape
There are many legal professionals who understand how to skillfully navigate malpractice cases. However, it’s crucial to find someone with an in-depth understanding and a track record of success. These laws, while designed to ensure fairness, can often be intricate and challenging to maneuver through. Aspects such as expert witness requirements, specifics of proving negligence, and the nuances of the statute of limitations can often trip up those unfamiliar with the landscape. Needle & Ellenberg, P.A. is a recognized name in this sphere, committed to ensuring that those who have been wronged receive the justice and compensation they deserve.
Your Path Forward
If you or a loved one believes you’ve been a victim of medical malpractice in Florida, it’s essential not to navigate this journey alone. By working with a seasoned Miami medical malpractice lawyer, you can ensure that your rights are protected, and you’re well-represented every step of the way. With the complex nature of Florida’s medical malpractice laws, having an expert by your side can make all the difference. If you feel like you can move forward, consider contacting a skilled Miami medical malpractice lawyer who has the knowledge and experience to guide you through the claims process.
Getting Help With Your Claim
Remember, each case is unique, so seeking personalized advice from legal professionals is crucial to navigating your specific situation. When you are ready, reach out to Needle & Ellenberg, P.A. to speak with our trusted Miami medical malpractice lawyer.