Medical Malpractice Lawyers
As medical patients and family members of medical patients, we trust that health professionals like doctors, surgeons, and nurses will provide ethical and adequate care when providing treatment. Unfortunately, when you or a family member enter a doctor’s office, clinic, hospital, or nursing home there is always a risk of medical malpractice.
Medical malpractice cases tend to be one of the most complex personal injury cases in Florida. That is due to the multiple factors involved in proving a claim, including working with insurance agencies, conducting a thorough investigation, and requiring input from expert witnesses.
Due to the complexities of this lawsuit, it is easy to get overwhelmed and walk away from your claim. This is especially true if you are in the process of recovering from the consequences of medical malpractice.
Following your free consultation, the skilled medical malpractice lawyers at The Law Offices of Gillis, Mermell & Pacheco, P.A. will work with a team of resources including expert witnesses, investigators, and specialists to prove your case and get you the maximum compensation value for your claim.
Filing a Medical Malpractice Claim
Medical malpractice claims are extremely complex. It is also important to remember that the defense will have an arsenal of experts ready to prove their case as well. That is why it is especially important to hire an experienced medical malpractice lawyer when filing a medical malpractice claim.
The following must be demonstrated when filing a medical malpractice claim:
Standard of Care Violation
Medical professionals are required to adhere to a set of standards while performing any type of medical treatment. These standards are put in place to protect the rights of patients and provide adequate medical treatment. When a medical professional does not comply with these standards, they can be held liable for a standard of care violation.
Direct Cause of Injury
In order to qualify for a medical malpractice claim, the consequences of a standard of care violation would result in one or more injuries caused by improper medical treatment and prove that had you received proper medical treatment, you would not have experienced said injuries.
Consequences of Injury
Lastly, your claim should prove that you or your loved one have experienced negative consequences as a result of the medical negligence noted above. These consequences may include loss of life, high medical expenses, disability, and loss of income.
Common Types of Medical Malpractice Claims
When it comes to medical malpractice, there is a wide range of procedures that may lead to a qualifiable lawsuit. This negligent behavior can lead to severe illness, traumatic experience, or wrongful death. A victim of such negligence can file a lawsuit or multiple lawsuits against liable parties.
There are three types of anesthesia: general, local, and regional. Each type is used in different circumstances depending on the medical procedure. Anesthesia errors can happen when a medical professional administers anesthesia incorrectly.
Having a baby is one of the most significant moments in a parent’s life. While the process of birth is beautiful, there are many looming risks for both the mother and child. In the case that a medical professional acts negligently, the newborn may experience a birth injury. Birth injuries can lead to significant health and psychological consequences for both the child and the family.
Emergency Room Malpractice
Due to the fast-paced environment of most emergency rooms, the risk of medical malpractice may be higher than other healthcare environments. Despite the increased risk, medical professionals are still required to uphold a specific standard of care for their patients. If that standard of care is violated, these medical professionals can be held liable.
It is also possible that negligence by a healthcare facility like a doctor’s office, clinic, or hospital can be the cause of medical malpractice. This could be due to improper training, faulty medical equipment, the lack of sterilization, hiring unqualified medical professionals, and more. If the medical malpractice was done by a hired staff member, the hospital can also be held liable for the staff member’s actions.
Medical Device Errors
Manufacturers of medical devices may be held liable for medical malpractice. For example, a patient might experience prolonged illness or failure of disease prevention if a medical device worked improperly due to a defect, flaw, or inaccurate documentation/warnings.
Misdiagnosis or delayed diagnosis can have huge consequences for a medical patient. This negligence on the part of a medical professional can lead to long term pain and in worst cases will lead to death. For example, a medical professional may fail to diagnose lung cancer, prolonging the ability for the patient to recover and potentially leading to a fatality.
Postoperative errors occur after a medical operation. Improper care after an operation can delay the recovery process, and in some cases cause infection or a relapse of symptoms. This can be applied to medication administration or postoperative care.
When to Contact a Miami Medical Malpractice Lawyer
Navigating the ins and outs of a medical malpractice case without a lawyer can be daunting, and in most cases is very difficult to do alone. Due to the need to have a clear understanding of both the law and medicine, the nature of medical malpractice lawsuits is very complex and requires the attention of skilled attorneys who have both the contacts and expertise to help you recover the damages that you have lost through this traumatic process.
In many cases, it is about more than having adequate evidence to prove your case. You are working against a team of healthcare professionals and defense attorneys who know the ins and outs of medical malpractice lawsuits and have the resources to disprove your claim.
After experiencing medical malpractice you need a qualified personal injury lawyer that understands how to navigate the complexities of medical malpractice lawsuits and has the knowledge and skills to rebut claims made by the defense and prove your case with the help of expert witnesses, investigators, and specialists.
Contact a qualified Miami medical malpractice lawyer at The Law Offices of Gillis, Mermell & Pacheco, P.A. today to file your claim and get the representation you and your family deserve.