The ultimate goal of the medical profession is the preservation of life and the safe health of individuals, and a Miami medical malpractice attorney knows this. But what happens if a doctor causes physical harm or even death to their patient? What remedies are available to address the underlying medical malpractice?

When this happens, a patient or a patient’s family member can file a medical malpractice lawsuit. Medical malpractice is very common in the medical world. It sets the standards that medical professionals must meet when caring for their patients. Like any other professional, doctors must perform their duties under certain scrutiny and with the highest standard of care. Compared to other professionals, when a medical provider makes mistakes, has deficiencies in their practice, or fails to meet certain standards, the results can ruin the lives of their patients. For patients who were injured due to medical errors or doctor negligence, they can sue the doctor to pay for additional medical costs and lost wages.

With this, a medical malpractice attorney can help you navigate your case when you experience medical abuse firsthand, or when a family member or loved one experiences it.

Let us explain the basics of a medical malpractice attorney’s responsibilities and how they can help you, what constitutes medical malpractice, some common examples, the elements of medical malpractice claims, and other necessary information under this umbrella.

WHAT IS A MIAMI MEDICAL MALPRACTICE ATTORNEY AND HOW CAN THEY HELP YOU?

Miami medical malpractice attorneys represent clients suing medical professionals and practitioners for medical and surgical errors and other related acts of professional misconduct. They litigate claims on behalf of their clients, who may be surviving family members or the patient themselves. Clients primarily sue medical professionals and practitioners for medical negligence.

Medical malpractice attorneys represent individuals and families on behalf of those who have faced acts of medical negligence, whether due to a lack of action or caused by someone’s actions due to a medical professional’s deficiencies. As a medical malpractice attorney, Attorney Mario Serralta and his legal team at the law firm are responsible for providing assistance to clients who are going through one of the most difficult times of their lives.

With years of experience handling victims of medical malpractice, we’ve provided advice and guidance to clients facing off against large insurance companies and healthcare systems. We also ensure they aren’t just another statistic. Whether they’ve suffered personal injury due to medical malpractice or even an action that caused the death of a loved one, or other similar situations, we’re here to help and guide you through the lawsuit process.

WHAT CONSTITUTES MEDICAL MALPRACTICE IN MIAMI, FLORIDA?

Medical malpractice is part of the broader field of personal injury law. There are many injury and accident cases, including medical malpractice cases, that claim that one party was negligent in their practices, eventually leading to damage or injury. In the case of medical malpractice, this means the patient must prove that a medical professional owes a duty to practice medicine in a certain way, that the doctor breached their duty, and that the breach of duty caused harm to the patient.

As the term implies, malpractice focuses on professional misconduct committed by a medical professional, which includes, but is not limited to, negligence by physicians, dentists, technicians, therapists, and other healthcare providers and professionals.

MIAMI MEDICAL MALPRACTICE ATTORNEY: COMMON EXAMPLES

Some common examples of medical malpractice cases may include, but are not limited to, errors during practical surgery, medical misdiagnosis, causing birth trauma, errors in administering anesthesia, unreasonable and unjustifiable delays in providing immediate care for a diagnosed serious condition, failure to obtain informed consent from the patient before undergoing treatment, and many more.

In the event of failure to obtain informed consent from the patient, a physician has an obligation to explain to the patient the nature of the treatment to be administered, along with the underlying risks and corresponding benefits. The patient must agree to the treatment before it is administered.

According to a study conducted by Johns Hopkins University, medical negligence and errors are the third leading cause of death in the United States, after cancer and heart disease. Medical errors can take various forms, from the fatal to the fatal. Some specific examples of medical injuries and scenarios across different medical professionals include the following:

• A doctor who amputates your left leg instead of your right;
• A medical professional who delays diagnosis and waits too long to perform an emergency cesarean section, leading to brain damage in the child;
• A dentist who performs unnecessary root canals for profit;
• An anesthesiologist who uses too much anesthesia during a plastic surgery procedure, leading to death or incidents of anesthesia errors;
• Failure to diagnose cancer, which makes it difficult to treat, or medication errors, to name a few.

WHAT ARE THE ELEMENTS OF A MEDICAL MALPRACTICE CLAIM?

To successfully file a medical malpractice lawsuit, the patient or patient’s family member must demonstrate four essential elements that support the physician’s alleged medical negligence. The four elements are as follows:

• Duty;
• Non-compliance: This refers to failure to apply the standard of care expected of other medical professionals with similar training acting in the same circumstances;
• Injury: The element of injury to the patient in medical malpractice cases is the direct result of the physician’s failure to make an incorrect diagnosis;
• Proximate causation: This refers to the relationship between the healthcare provider’s breach or negligence of duty and the resulting injury to the patient. The negligence or breach must have played a crucial role in causing harm or injury to the patient due to surgical errors and/or incorrect medication. In other words, the patient’s injury is a direct result or a reasonably probable consequence of the physician’s negligence or breach.

Miami Medical Malpractice Attorney: Frequently Asked Questions

ARE THERE VARIATIONS IN MEDICAL MALPRACTICE LAW IN EACH STATE?

Generally, medical malpractice is a state law issue. Each state’s laws are uniquely worded, including damage limits and statutes of limitations. Patients planning to file a lawsuit against their healthcare providers regarding their medical malpractice should consult a medical malpractice attorney for guidance.

WHO CAN BE LIABLE FOR MEDICAL MALPRACTICE OR NEGLIGENCE IN MIAMI, FLORIDA?

Medical malpractice, in its legal definition, is not limited solely to the conduct of physicians, but also directly applies to anyone within the scope of employment, such as anesthesiologists, nurses, healthcare facilities, and even pharmaceutical companies and other healthcare providers.

The primary focus of a medical malpractice lawsuit is to demonstrate fault that directly leads to a personal injury, often under the responsibility of any healthcare provider linked to their actions, such as a doctor or other person directly involved in medical care who makes a poor decision and other medical problems. Other entities, such as contributory negligence or parental responsibility, are part of the injured person’s case and may be named in the medical malpractice lawsuit.

At the same time, hospitals and corporations, whether private or public, can also be liable for hospital negligence or malpractice. In the language of medical malpractice lawsuits, hospitals can be directly liable for their own negligence and can also be vicariously liable for the negligent acts of their medical employees. Vicarious liability means that a particular party is held responsible for the negligence of another, not for its own negligence.

I signed an informed consent form. Can I still file a medical malpractice lawsuit?

Many times, you are asked to sign an important document or form before undertaking an activity. This also occurs with medical procedures; when you are about to undergo a procedure, medical professionals will ask you to sign an informed consent form. However, it’s important to note that this shouldn’t prevent you from filing a medical malpractice lawsuit. Medical professionals cannot require you to waive your legal rights.

You can still file a medical malpractice lawsuit even if you’ve signed an informed consent form. You don’t waive your rights by signing a document. As a patient, you have the legal right to sue a doctor for malpractice, and the informed consent form doesn’t alter that, as negligent care is still grounds for a lawsuit.

Therefore, if you or your family members have been injured due to a doctor’s negligence and malpractice, you should contact Mario Serralta, a medical malpractice attorney, for a consultation at the law firm.

WHAT IS INFORMED CONSENT?

Informed consent is a document containing an agreement between the patient and the medical professional before the latter performs the treatment. It indicates that you have given your full permission for the surgery or treatment after being informed about the procedure.

Patients have the right to make their own decisions regarding listening to healthcare professionals and their recommendations. The healthcare professional has the responsibility to explain the procedure to the patient and discuss medical options, if any.

The nature of the treatment, along with its potential benefits and corresponding risks, is explained to the patient, and complete information is provided to the extent possible.

Under normal circumstances, medical professionals cannot perform medical procedures unless the patient agrees, except in the case of a medical emergency. If this is not the case, the patient must consent to the treatment.

HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE LAWSUIT IN MIAMI, FLORIDA?

If you or your loved one were victims of medical malpractice, you only have two years from the time of the incident to file a medical malpractice lawsuit in Miami, Florida. If you didn’t discover the cause of action immediately after the incident that led to your medical malpractice claim, this two-year period begins when the cause of action was discovered or should have been discovered.

However, if the patient involved in the medical malpractice was under eight years old at the time of the incident, you cannot file a lawsuit if it has been more than four years since the incident that gave rise to your claim.

DO I NEED A LAWYER’S HELP TO FILE A MEDICAL MALPRACTICE OR NEGLIGENCE LAWSUIT?

When you seek medical care, you also rely on the medical professional for your overall well-being. If you don’t receive the maximum care you deserve and, worse yet, are injured as a direct result of the medical professional’s failure to provide adequate health services, you may be a victim of medical malpractice.

The results of medical malpractice can have a devastating effect on your life or the lives of your loved ones who have experienced something similar. Therefore, it’s critical to understand your legal options so you can focus on your recovery and well-being. This is the time when it’s recommended to seek the help of a medical malpractice attorney to file a lawsuit.

If you or a loved one were victims of medical negligence in any form or scope, you can take legal action to seek compensation as a result of your experience. It’s essential to do so as soon as possible to avoid losing the opportunity to file a medical malpractice lawsuit, as the statute of limitations on these claims is limited.

HOW CAN MIAMI MEDICAL MALPRACTICE ATTORNEY MARIO SERRALTA HELP?

Do you have a medical malpractice case but aren’t sure who is responsible and who you should sue? Mario Serralta, along with his high-caliber legal team at the law firm, can help you answer these questions. A skilled Miami medical malpractice attorney can analyze the strengths and weaknesses of your case and advise you on who would be the best defendants.

When an injured patient or a wrongful death results from an omission or deficiency by a medical professional or practitioner, this is covered by medical malpractice. With decades of experience, thousands of clients served, and a thorough and in-depth understanding of medicine and medical malpractice, Mario Serralta, a seasoned Miami medical malpractice attorney, along with his legal team, knows how to win these tedious and complex medical malpractice cases. We will not rest until you and your loved ones have received fair compensation for the damages caused by medical malpractice.