If you are suffering due to the mistake or negligence of your doctor, you have every right to seek justice. In the case of permanent damage, the responsibility of the healthcare provider becomes even more acute. The laws of the land do not take these offenses lightly. Instead, it punishes the guilty party and offers compensation to the victim for the economic as well as non-economic damage caused due to the incident.
Assessment Of Medical Malpractice
Although a healthcare professional’s negligence can be termed as medical malpractice, not all cases merit for a trial. In order to establish medical malpractice, you need proof of negligence and causality. Your evidence must successfully prove both these grounds to win a favorable verdict.
Every case of medical malpractice is unique and Miami medical malpractice attorneys have the expertise and skills to prove your case. To obtain a fair settlement or compensation, it is necessary to prove the doctor’s mistake. It must be established that such an incident could have been avoided by any other medical professional who fulfilled their duty carefully.
It is also necessary to prove causality. For instance, if the doctor prescribed a wrong medicine or failed to perform a surgery correctly, it is likely to have a direct impact on the patient’s health. Lawyers can help plaintiffs gather evidence regarding such matters.
How To File A Medical Malpractice Claim
In such circumstances, professional opinion is extremely important. Seek treatment from a new doctor who can help to support your claims for wrongful treatment or negligence. It will not only help you get adequate treatment but, will also enable you to get a fair idea about your doctor’s fault.
Based on the report from a registered medical practitioner, you can file a medical malpractice claim. Consult a lawyer before filing a lawsuit. If you feel your doctor is responsible for your current predicament, you can seek compensation for the cost of treatment, rehabilitation, physical and emotional distress.
Courts can also award punitive damages in the form of punishment, in the instance of permanent damage. Let your lawyer assess the extent of damage and claim fair compensation for your current condition.
Statute Of Limitation For Medical Malpractice
In Florida, the statute of limitations for filing medical malpractice claims is 2 years from the date when a patient or a close relative comes to know about such malpractice. Calculation of this two-year period can be tricky, especially because many cases in Florida concentrate on the knowledge of the ‘incident’. Besides, Florida law stipulates that a healthcare provider cannot be sued unless the claim for medical malpractice is substantially proved.
To establish fault, hire a medical malpractice attorney who is aware of local laws. Depending on your circumstance and the extent of damage caused, you may be eligible for compensation. And if you are worried about the expenses associated with lawyer and court fees, find a firm that works on a contingency basis. The lawyer, in that case, will seek fees only when you win the case and will adjust the amount from the settlement amount. Therefore, without hesitating any more, speak to a medical malpractice attorney in Miami.