Being involved in a personal injury accident is never easy to deal with, and has often been a life-altering event. From physical injuries, to emotional issues and severe financial turmoil, personal injuries can include a wide range of damages that can truly put victims in a difficult position moving forward.
As one of Miami’s best personal injury practices, Rafaeli Law has helped their clients to earn millions of dollars in compensatory damages for all types of cases, including medical malpractice lawsuits.
Medical Malpractice Claims
Medical malpractice cases revolve around the concept of negligence in the healthcare field. When medical professionals fail to meet the standard of care expected within their respective specialties, patients can suffer severe injuries or even death. Medical malpractice personal injury cases are a way for victims to seek justice and compensation for the harm caused by healthcare providers’ negligence.
Understanding Medical Malpractice Personal Injury Cases
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, surgeon, or hospital, fails to provide treatment that meets the accepted standard of care. This negligence can result in serious injuries, worsened medical conditions, or even fatalities. Medical malpractice personal injury cases aim to hold healthcare professionals accountable for their actions or lack thereof.
Key Elements of Medical Malpractice Cases
- Duty of Care: Healthcare providers have a legal obligation to provide care that meets the established standard within their field. This duty of care ensures that patients receive treatment that is reasonably expected to prevent harm.
- Breach of Duty: To prove a medical malpractice case, you must demonstrate that the healthcare provider breached their duty of care. This means showing that their actions or decisions deviated from what a competent professional in the same field would have done.
- Causation: You need to establish a direct link between the healthcare provider’s breach of duty and the injuries you suffered. This requires showing that the provider’s actions were the direct cause of your harm.
- Damages: In a medical malpractice personal injury case, you must have sustained actual damages due to the provider’s negligence. These damages can include medical expenses, lost wages, pain and suffering, and any other losses resulting from the injury.
Types of Medical Malpractice
- Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to diagnose a condition correctly or in a timely manner, resulting in worsened medical outcomes.
- Surgical Errors: Mistakes made during surgical procedures, such as wrong-site surgery, anesthesia errors, or leaving surgical instruments inside the patient’s body.
- Medication Errors: Administration of incorrect medications, incorrect dosages, or failure to consider a patient’s allergies or interactions with other medications.
- Birth Injuries: Injuries sustained by infants during childbirth due to medical negligence, such as failure to monitor fetal distress or improper use of delivery instruments.
Steps in a Medical Malpractice Case
- Consultation with an Attorney: Seek legal advice from an experienced medical malpractice attorney to evaluate the merits of your case. At Rafaeli Law, we can help you to understand the value of your case, and educate you on why you should or shouldn’t pursue an actual medical malpractice claim.
- Investigation: Your attorney will conduct a thorough investigation, gather medical records, consult experts, and evaluate whether the healthcare provider breached the standard of care.
- Negotiations and Settlement: If applicable, your attorney will negotiate with the healthcare provider’s insurance company for a fair settlement that covers your damages.
- Litigation: If a settlement cannot be reached, your attorney will file a lawsuit on your behalf, and the case may proceed to trial.
Benefits of Hiring a Medical Malpractice Attorney
- Legal Expertise: Attorneys specializing in medical malpractice understand the complexities of healthcare law and can build a strong case on your behalf.
- Medical Knowledge: These attorneys work with medical experts who can analyze your case and provide professional opinions.
- Negotiation Skills: Attorneys can negotiate with insurance companies and opposing parties to secure a fair settlement.
- Trial Representation: If necessary, your attorney will represent you in court and present your case to a judge and jury.
For more information on our services or to schedule your legal consultation, be sure to contact Rafaeli Law today.