If you or a loved one have been harmed by a healthcare provider’s actions or lack of action in Miami and believe you have a case of medical malpractice, contact Labovick Law Group. We can help you understand your legal rights and options to build a strong case and hold the healthcare provider responsible.
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Medical malpractice is a legal term used to describe professional negligence by a healthcare provider, such as a doctor, nurse, pharmacist, or other medical professionals that results in injury to the patient.
Patients in Miami who suffer from medical malpractice have certain rights under the law. These include:
Pursuing a claim for medical malpractice in Miami can be a complex process, and it’s important to have the right knowledge and representation.
Here are the general steps to pursue a medical malpractice claim in Miami:
Informed consent is a crucial aspect of the doctor-patient relationship, and it plays a significant role in medical malpractice cases. Informed consent refers to the process by which a patient is fully informed about the risks, benefits, and alternatives to a proposed medical treatment or procedure, and then gives their voluntary agreement to proceed with the treatment.
The importance of informed consent in a medical malpractice case is twofold:
It’s important to note that informed consent is not just a signature on a form, but a process of communication between the healthcare provider and the patient, where the provider explains the nature of the treatment, its risks and benefits, and the alternatives available, and the patient fully understands the information provided and provides voluntary consent. If a healthcare provider fails to obtain informed consent, it can be considered medical malpractice.
Medical malpractice cases can be complex due to the need to prove that the healthcare provider’s actions or lack of action caused harm to you and that this harm resulted in specific damages. This requires a thorough understanding of medical procedures, standards of care, and the ability to review and interpret medical records.
Hiring a specialized Miami medical malpractice attorney can bring many benefits if you have been harmed by a healthcare provider’s actions or lack of action. These benefits include:
In a medical malpractice case, the plaintiff (the person who has been harmed) must prove that the healthcare provider’s actions or lack of action fell below the standard of care and caused the patient harm.
An expert witness, typically a medical doctor, can provide testimony on the standard of care that should have been followed in the specific situation, and whether or not the healthcare provider met that standard. This testimony is crucial in helping the jury to understand the medical issues at hand and to determine whether or not the provider was negligent.
Expert witness testimony can also be used to establish the cause of the patient’s injuries and the extent of the damages. For example, an expert witness may be able to testify about the long-term effects of the patient’s injuries, such as lost wages, medical expenses, and pain and suffering.
Medical malpractice insurance companies play a key role in the process of resolving medical malpractice claims. These companies provide insurance coverage to healthcare providers, to protect them from the financial losses that can result from a medical malpractice lawsuit.
Medical malpractice insurance companies’ primary goal is to minimize the amount of money that they pay out in claims. They may try to deny the validity of your claim, or offer you a low settlement amount.
Insurance companies may use many tactics to try to avoid paying a claim. For example, they may argue that the healthcare provider’s actions did not fall below the standard of care, or that your injuries were not caused by the healthcare provider’s actions. They may also try to shift blame onto other parties, or argue that your injuries are not as severe as claimed.
Another tactic that insurance companies may use is to delay the resolution of a claim in the hopes that the patient will accept a lower settlement amount. Some insurance companies may also try to use the legal process to their advantage, by dragging out the case or filing motions to try to delay or avoid a trial.
Having a skillful Miami medical malpractice attorney can be crucial in ensuring your rights and interests are protected when dealing with insurance companies. They will have the knowledge and experience needed to effectively negotiate with insurance companies and to advocate for your interests.
If you or a loved one has been the victim of medical malpractice in Miami, it is important to seek advice from an experienced medical malpractice attorney. At Labovick Law Group we are dedicated to providing clients with the highest quality legal representation and compassion during difficult times. With decades of experience handling complex medical negligence cases, we understand how to best build your case, represent your interests, and protect your rights.
At Labovick Law Group we´re experienced in navigating the complexities of medical malpractice cases, as well as insurance companies’ tactics. Our Miami medical malpractice lawyers are trained to ensure you get the maximum compensation.
We are warriors for justice: we will fight tirelessly on your behalf to hold negligent doctors and other healthcare providers accountable for their actions. With the knowledge and resources needed to successfully litigate your case, you can trust us to provide you with experienced legal representation.
Call or Click LaBovick for a free consultation!
According to the Florida Office of Insurance Regulation (FLOIR), insurers paid indemnity in a majority of closed cases, equating to 57.1% in 2020. Breaking this number down further, when insurance providers do pay out claims they provide an average settlement amounting to $729,933 – indicating that winning claimants can expect more than half-a-million dollars on average as recompense for malpractice suits.
To prove medical malpractice in Miami, you must demonstrate that the healthcare provider acted negligently and that this negligence resulted in an injury or death.
You don´t have a limit to sue for medical malpractice in Mami. In a June 2017 decision, the Florida Supreme Court ruled that the caps are unconstitutional because until that moment Florida had caps on certain types of damages that can be awarded in medical malpractice cases.
To win a medical malpractice suit, you must prove that:
