
In Florida, medical malpractice claims are most often linked with catastrophic injuries that impact victims, as well as their families, in the long run. Medical negligence can lead to traumatic, life-changing conditions like brain injuries spinal injuries, and even amputations. These injuries not only impact your body but also leave you with emotional financial and psychological problems that haunt you for the rest of your life.
If you or a loved one has been injured through medical negligence it’s essential to understand your legal rights and your choices. In this blog, we talk about how medical malpractice can lead to catastrophic injury and why you need a Miami medical malpractice lawyer to defend your rights.
What Constitutes Medical Malpractice in Florida?
In Florida, medical malpractice is defined as a failure of a healthcare provider to meet the accepted standard of care, resulting in harm to a patient. This standard is based on the typical care that a reasonably competent doctor or healthcare professional would provide in similar circumstances.
3 Common Types of Medical Errors
- Surgical Mistakes: Errors during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, can result in devastating injuries.
- Misdiagnosis or Delayed Diagnosis: Failure to diagnose conditions like cancer or heart disease can allow the condition to worsen, leading to catastrophic outcomes.
- Medication and Anesthesia Errors: Incorrect doses or improper administration of medications can cause life-threatening complications.
These errors can cause significant physical damage, leading to conditions that may require long-term treatment and care.
Catastrophic Injuries Resulting from Medical Errors
Catastrophic injuries from medical malpractice can change a person’s life forever. Here are some of the most serious injuries caused by medical errors:
Traumatic Brain Injuries
A traumatic brain injury (TBI) can result from surgical errors, lack of proper monitoring, or failure to treat brain-related conditions. Victims may experience permanent cognitive impairments, emotional changes, and difficulty with basic motor skills.
Spinal Cord Injuries
Spinal cord injuries caused by medical negligence can lead to partial or total paralysis. These injuries often require intensive physical therapy, medical interventions, and lifelong assistance with daily activities.
Amputations and Limb Loss
In some cases, medical errors such as infections or improper surgical procedures may result in the need for amputation. Victims may need prosthetics and extensive rehabilitation to adjust to a new way of life.
These serious injuries demand immediate and ongoing medical care and can lead to permanent disability.
Your Legal Protections in Miami
Under Florida law, medical malpractice victims have several legal protections, but time is critical. It’s important to understand how the law works in these cases.
Statute of Limitations
In Florida, you have two years from the date of the injury or from when you should have reasonably discovered the injury to file a medical malpractice claim. Failing to file within this time frame can result in the dismissal of your case.
Pre-Suit Requirements
Before filing a lawsuit, Florida law requires that you obtain an expert affidavit from a qualified medical professional stating that malpractice occurred. This is necessary to proceed with your claim.
Damage Caps and Exceptions
While Florida places caps on non-economic damages (such as pain and suffering) in some medical malpractice cases, exceptions exist for catastrophic injuries. A skilled Miami medical malpractice attorney can help navigate these complex regulations to ensure maximum compensation.
How a Miami Medical Malpractice Attorney Can Help
Medical malpractice cases are often complicated and involve significant legal and medical challenges. A skilled attorney can be essential in ensuring you receive the compensation you deserve.
Early Case Evaluation
A medical malpractice lawyer will assess the merits of your case and provide a professional opinion on the strength of your claim.
Gathering Critical Evidence
Your attorney will work with medical experts to gather critical evidence, including:
- Medical records
- Expert testimony
- Accident reconstruction if necessary
Filing Your Claim and Negotiations
Once the evidence is collected, your attorney will file the claim and negotiate with the insurance company or healthcare provider to secure a fair settlement.
Litigation and Trial
If the responsible party refuses to settle, your attorney will represent you in court to fight for your rights and compensation.
Steps to Take After a Catastrophic Medical Error
If you suspect that you or a loved one has been a victim of medical malpractice, it’s crucial to act quickly. Here are the steps you should take:
- Seek Immediate Medical Care – Make sure to document every treatment, as it will be important to your case.
- Preserve Your Records – Request copies of your medical charts, test results, and any communication related to your treatment.
- Contact a Qualified Attorney – Don’t wait too long to consult a Miami medical malpractice attorney. The sooner you begin building your case, the better.
- Avoid Common Pitfalls – Do not sign any releases or give recorded statements to the medical provider’s insurance company without legal advice.
Calculating Your Potential Recovery
If you’re pursuing a medical malpractice claim, compensation can cover both economic and non-economic damages.
Economic Damages
These damages include past and future medical expenses, as well as lost income or earning capacity due to your injuries.
Non-Economic Damages
This category includes compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses.
Punitive Damages
In cases where the medical provider’s actions were especially egregious, punitive damages may be awarded as a form of punishment.
Why Choose Dolan Dobrinsky Rosenblum Bluestein, LLP
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we understand the severe impact that medical malpractice can have on your life. With years of experience in handling complex medical malpractice cases, we are committed to fighting for justice on behalf of victims in Miami.
Our team works on a contingency fee basis, meaning you don’t pay us unless we win your case. We’ll guide you through every step of the legal process, ensuring your rights are protected and that you receive the compensation you deserve.
Conclusion
If you or a loved one has been seriously injured due to medical malpractice, don’t delay in seeking legal help. With the right Miami medical malpractice lawyer on your side, you can pursue justice and compensation for your suffering. Contact Dolan Dobrinsky Rosenblum Bluestein, LLP today at 305-371-2692 for a consultation.