Medical Negligence FAQ


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What is medical negligence?

Medical professionals have an important calling; what they do takes precision, attentiveness and great care. While having an off day in other professions can be insignificant, for medical staff, failure to be alert and give their full focus can be devastating, and even fatal. Before defining medical negligence, it is important to first establish what negligence itself it. Negligence is one of the leading factors of accidents and there are few limits on where and how it can occur. It involves an individual acting in a way that is careless and potentially harmful to others. Rather than simply being an accident, there is an individual that is responsible for failing to exercise caution.

When determining if negligence was a factor in a case the court will look at if the responsible party acted in a way that was contrary to what a reasonable and prudent person would do if they had been in their same situation. In a medical setting negligence can take place in a number of ways. The Hippocratic Oath or some form of it holds doctors to practicing medicine honestly. They vow that they will provide a certain level of care that others in their situation would offer. Medicine is a complex area and sometimes there is nothing that can be done, but in certain situations there is an individual that’s failure was the ultimate reason for the injury or fatality. If you believe that you or a loved one was the victim of medical malpractice, contact our office and speak with a Miami-Dade medical malpractice lawyer.

How do I know if I have a case?

There are many incidents where healthcare did not turn out in the manner that we had hoped. Not being healed or facing a complication is not always the fault of the medical staff so it is important to have your case reviewed to determine if negligence actually took place. Negligence may occur when a doctor does not pay close enough attention to the patient and their concerns. They may diagnose them incorrectly or not diagnose them at all. This can leave a patient unable to treat the problem and allowing their situation to worsen. Doctors can also be negligent during a surgical procedure. It is not unheard of for them to operate on the wrong area or leave a tool inside of the individual after stitching them up. The best way to find out whether or not you have a case worth pursuing is by allowing an attorney to look over it. They understand the details that should be present if there is going to be a more likely chance that you can receive compensation. It can be tricky to assess if negligence truly took place and the experience of an attorney can allow them more of an accurate insight to do this.

How is negligence proved in a case?

This varies case to case but the overarching principles are the same. In a medical setting it will be necessary to show that the individual had a certain responsibility to the patient, such as an attorney delivering a certain standard of treatment. Next, it will need to be shown that they failed to deliver on this responsibility and that this directly led to the accident taking place. It may be giving the wrong medication which could lead to severe side effects and in this scenario the doctor had an obligation to be prudent. Failing to take time to make sure the right medication was given could directly lead to injuries or illness.

Do I have to go to court if have a case?

This can be different for each situation. Sometimes the insurance company realizes that the case is strong and they are more willing to make a fair settlement. Other times they may attempt to give far less than what an injured person is owed and this may require taking further action. In many situations the case can be resolved outside of going to court. An attorney can take active steps to try to avoid curt but if it the best option to gain the compensation that is owed, then it is smart to consider going this route. This may allow the chance to further argue a case and demonstrate just how much was lost through the incident.

Can I bring up a claim anytime?

To avoid from people taking advantage of a personal injury claim or coming back years after the fact to try to seek money, a statute of limitations is placed on the amount of time you have. This means you want to be proactive and make sure that you do not allow too much time to pass before you start taking the steps that are needed to gain justice. The statute of limitations differs depending on the state and it will also be different depending on what type of legal matter it involves. Under FL. Stat. 95.11(4)(b), a case involving medical malpractice should be addressed within a two year period from the time that incident took place or the time that the results were discovered. This takes into account that some people may not be aware of the damage until later and they should not lose the chance to seek compensation because of this. While there is leniency for these situations, the case will still need to take place within four years from the time of the incident. This will be different for children that are under the age of eight.

What can I seek compensation for in a medical negligence case?

These types of cases are a significant problem around the nation and the effects can range from smaller issues to catastrophic incidents. Depending on the level of damage that was suffered in your case, you may be eligible for compensation in a number of areas. One of the most likely ones will be medical expenses. On top of the health concerns that you were already facing you can be left with additional costs to repair the damage inflicted by a doctor. You can also be put out of work if you are injured or suffer an illness. In some cases pain and suffering may be sought, and a family may be able to retain compensation as well if they lost a loved one in a wrongful death case.

Contact our Miami medical malpractice attorneys to find out the options that are available to you!

Maria L. Rubio Law Firm in Miami

When you need a law firm in Miami, contact the MLR Law Group!

The victim of an accident caused by the negligent act of another person has the legal right to pursue financial compensation in a civil court. By detailing the injury, the circumstances and the ensuing struggles related to recovery, it is possible to recuperate any lost funds and receive additional compensation for future costs as well.

The Law Offices of Maria Rubio have a strong background in health and medicine, and understand many cases both from a medical and legal perspective. With a specialty in personal injury law, our firm focuses on the important details that make up a strong case. We will work hard to build a solid and compelling argument in our pursuit of a fair settlement or a judgment for financial compensation to cover any costs associated with the injury.

Contact a Miami personal injury lawyer if you have been the victim of an accident caused by another's negligence, and would like to discuss your options.