Miami Medical Malpractice Lawyer

It’s normal to trust health professionals, but sometimes medical mistakes are made that can change your life. Our wish is to be able to help you so that you don’t go through the difficulties of the legal process alone.

Our LaBovick Miami medical malpractice lawyer wants to help you build a strong case so that you get the maximum compensation you deserve. Contact us for a free case consultation.

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Believe you've been a victim of medical malpractice in Miami? Get help right away - speak to a medical negligence lawyer today.

Know your legal rights with the help of a Miami medical malpractice lawyer

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 or trauma to the patient.

Patients in Miami who suffer these situations have certain rights under the law that a Miami medical malpractice attorney can help with. These include:

  • The right to file a claim against the responsible party: You have the right to file a lawsuit against any healthcare provider or institution which is found liable for their medical injuries and losses. 
  • The right to receive compensation for damages: If a medical malpractice claim is successful, then you may be awarded monetary damages, such as reimbursement for medical bills and other healthcare costs, pain and suffering, lost wages from missing work due to injuries, and more.
  • The right to hold the responsible party accountable: A successful claim can help to ensure that the medical provider or institution is held responsible and accountable for their negligence.
  • The right to seek justice: By filing a claim against those responsible for their medical injuries and losses. This can help bring closure and a sense of vindication as well as financial compensation. 

Fighting for Justice: How a Miami medical malpractice attorney files a lawsuit

Pursuing a claim for medical malpractice in Miami can be a complex process, and it’s important to have the right knowledge and representation. 

These are the general steps a Miami medical malpractice lawyer will follow to file a lawsuit:

  • Gather evidence: Your Miami medical malpractice attorney will work with you to gather all relevant evidence, including medical records and expert testimony, to support your claim.
  • File a complaint: In Miami a complaint must be filed with the Florida Department of Health within two years of the date of the alleged malpractice.
  • Serve the defendant: After the complaint is filed, it must be served to the healthcare provider or facility named as the defendant.
  • Discovery: Both sides will have the opportunity to gather evidence and conduct depositions in the discovery phase.
  • Mediation: Mediation is mandatory in medical malpractice cases in Miami, Florida, and both sides will have the opportunity to try to settle before the case goes to trial.
  • Trial: If a settlement cannot be reached, the case will go to trial.
  • Appeal: If either party is not satisfied with the outcome of the trial, they have the right to appeal the decision.
  • Consult a lawyer now. It’s important to work with an attorney who has experience in handling medical malpractice cases and is familiar with the Miami laws.

While you are dealing with your recovery, a legal professional will take care of the next steps in the legal process. He will be your advisor and representative when needed.

The importance of informed consent in a medical malpractice case

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 establishes that the patient was informed of the potential risks and benefits of the treatment or procedure and voluntarily consented to it. This can be used as a defense against medical malpractice claims, as it demonstrates that the patient understood the risks and willingly accepted them.
  • It protects the patient’s autonomy and right to make informed decisions about their healthcare. It ensures that the patient is not subjected to unwanted or unnecessary treatments and that they have the right to make decisions about their health and well-being.

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.

Having a Miami medical malpractice lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.

Having an expert and trusted lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.
We are here to help you!
Miami Medical Malpractice Lawyer

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Suffered an injury due to medical malpractice? Get the help you need - speak to a lawyer in Florida right away.

Navigating the complexities of your case with a Miami medical malpractice lawyer

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 our medical malpractice lawyers in Miami can bring many benefits if you have been harmed by a healthcare provider’s actions or lack of action. These benefits include:

  • Building a strong case: A skillful attorney for medical negligence has the knowledge and experience to effectively gather and present evidence to prove that the healthcare provider’s actions resulted in specific damages.
  • Understanding of medical procedures and standards of care: A Miami malpractice lawyer has the medical knowledge to understand the complexities of a medical malpractice case.
  • Navigating the legal process: They will be familiar with the legal process for medical malpractice cases, including strict deadlines and requirements for expert witness testimony, which can be difficult to navigate on your own.
  • Protecting your rights and interests: A Miami medical malpractice lawyer will work to protect your rights and interests throughout the legal process, ensuring that you receive fair compensation for your injuries.
  • Access to resources and experts: An experienced attorney has the resources and connections to bring in medical experts and other specialists to support your case, which can be beneficial in proving the malpractice occurred.

The importance of expert witness in a medical malpractice case in Miami

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 physician, 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. 

It can simplify with words and a more understandable explanation about the complex processes you are going through, whether they are technical issues such as treatments or surgeries.

Of course his word has great value because he has great credibility. This may persuade the judges or jury that will listen to you. They can view, analyze evidence and see if any important thing was missed and even assess the damage.

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.

The presence of an expert witness can make a difference. His words can be decisive in the resolution of a case. It is important to keep him in mind to call him when necessary.

Benefits of having our medical malpractice lawyers in Miami to go against insurance companies

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.

Medical malpractice lawyers in Miami can be crucial in ensuring your rights. They will have the knowledge and experience needed to effectively negotiate with insurance companies and to advocate for your interests.

Get the justice you deserve: Contact our Miami medical malpractice lawyer

You are a victim of medical malpractice in Miami and we know how hard it’s to get through therapy and other injuries you may have caused. 

You never thought that going to the doctor would end badly. You assume it will help you get treatment or surgery. You never imagined that things would end badly. It’s important to seek advice from a Miami medical malpractice lawyer in these cases.

At Labovick Law Group we are dedicated to providing clients with the highest quality legal representation and compassion during difficult times. With more than 30 years of experience handling complex medical negligence cases, we understand the case law and how to best build your case.

We are experienced in navigating the complexities of medical malpractice cases, as well as insurance companies’ tactics. And we will contact the best health professional and hospital to see to your recovery.

We work on a contingency fee basis, which means you pay nothing until we win your case. A Miami medical malpractice lawyer is trained to make sure you get the maximum compensation.

We have many successful cases so we generate good relationships with our clients. That’s why we are the firm with the best score in Google Reviews (4.8).

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 us for a free consultation!

about Miami Medical Malpractice Lawyer

A medical malpractice attorney represents people who have been through the mistakes, actions or omissions of a doctor who is at fault. The professionals will be on your side to go through the entire legal process with you and take on the insurance companies. 

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: 

  • That the healthcare provider had a professional duty of care towards you.
  • That the healthcare provider was negligent in their care or treatment. 
  • That the negligence resulted in an injury or death.
  • That the injury or death caused you to suffer damages.
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