Miami Medical Malpractice Lawyer | Florida Medical Malpractice Attorney

Transparent Legal Representation For Victims of Medical Malpractice in Florida

Medical malpractice refers to the failure of a healthcare professional to provide adequate standards of care to a patient, resulting in patient injury or death. Medical malpractice is a serious issue that causes thousands of unnecessary patient deaths each year. If you believe you or a loved one received subpar medical care, resulting in an injury, illness, worsened prognosis, or wrongful death, Flanagan & Bodenheimer Injury & Wrongful Death Law Firm is available to provide high-quality representation. Our Miami medical malpractice lawyers are here to help you fight for fair compensation through filing a personal injury or wrongful death claim.

We don’t let anything stand in the way of justice. We aren’t scared to take a hospital or major insurance corporation to court if necessary for better compensation. We identify what’s best for our medical malpractice clients and do what we must to achieve the desired results. But most of all, we take the time to listen to our clients’ concerns and needs because we believe the best attorney-client relationships are those based on trust and understanding. Our firm has proven case results, a history of happy clients, and a reputation for excellence throughout Miami. We are confident we can handle your medical malpractice case.

Contact our office online or by phone to schedule your free consultation at (305) 638-4143. We genuinely care about our clients and look forward to getting to learn more about you and your case.

What Should I Do If I Think I Have a Case?

Several recent studies have shown that medical errors are a leading cause of death in the United States. In a recent article in the BMJ, one of the oldest peer-reviewed medical journals, safety experts at John Hopkins calculated that more than 250,000 deaths per year were the result of medical error. Although death caused by medical error is not tracked by the Center for Disease Control and Prevention (“CDC”), this number would make death due to medical error the third leading cause of death in the United States. The point is that medical errors are very common.

If you believe that you or a loved one may have a case against a medical provider for negligent care, make sure you document the events as they are occurring. In almost every case, the medical providers that are negligent are the same people responsible for authoring the medical records. As you might suspect, generally the records are authored in a way that helps them avoid any liability for wrongdoing. That is why it is so important to gather any evidence that you may believe will support your position that the medical providers were negligent. That might include keeping a journal of the events that you can use to dispute the medical records if you are involved in litigation.

Common Examples of Medical Malpractice

Reviewing examples of mistakes that culminated in medical malpractice claims in the past can help you understand whether you have grounds for a case. Although many different acts of negligence and carelessness can result in a medical malpractice claim, some types of errors spark lawsuits more than others.

They are as follows:

• Prescription Medication Errors: Prescription medication errors may include incorrect dosages, administering the wrong medication, or failing to recognize harmful drug interactions. These errors can lead to severe complications, exacerbation of existing conditions, or even fatalities.
• Negligent Patient Care: Negligent patient care occurs when healthcare providers fail to adhere to the standard of care expected in their profession. This can involve neglecting to monitor patients properly, disregarding symptoms, or providing substandard treatment, resulting in avoidable harm.
• Diagnostic Mistakes/Failure to Diagnose: Diagnostic errors, such as misinterpreting test results or overlooking critical symptoms, can significantly impact patient outcomes. Failure to diagnose conditions promptly or accurately can lead to delayed treatment, progression of diseases, and worsened prognosis. This can include failure to diagnose cancer, failure to diagnose kidney diseases, and other life threatening conditions.
• Anesthesia Errors: Anesthesia errors can range from administering incorrect dosages to failing to monitor patients adequately during procedures. These errors may result in anesthesia awareness, nerve damage, or life-threatening complications, posing serious risks to patient safety.
• Surgical Mistakes: Surgical errors may include wrong-site surgery, improper surgical techniques, or leaving surgical instruments inside patients. These errors can lead to prolonged recovery times, permanent injuries, and emotional trauma for patients and their loved ones.
• Unnecessary Surgery: Performing unnecessary surgical procedures can subject patients to unnecessary risks and physical harm. Healthcare providers may recommend surgeries that are not medically warranted, driven by financial incentives or inadequate assessments, breaching the duty of care owed to patients.
• Birth Injuries: Birth injuries can occur due to negligence during prenatal care, labor, or delivery. Examples include failure to monitor fetal distress, improper use of delivery instruments, or delays in performing necessary interventions, resulting in birth-related injuries to the infant or mother.
• Poor Post-operative Care or Follow-up: Adequate post-operative care is essential for ensuring patients recover safely and effectively after surgery. Neglecting post-operative monitoring, failing to address complications promptly, or providing inadequate follow-up care can lead to worsened outcomes and additional suffering for patients.
• Hospital-acquired Infections (HAIs): Healthcare-associated infections, acquired during a hospital stay or medical procedure due to inadequate infection control measures, can lead to prolonged hospitalization, additional treatments, and sometimes permanent disability or death.
• Equipment Malfunctions or Defective Devices: Malfunctions or defects in medical equipment or devices, such as surgical tools, implants, or diagnostic machines, can result in surgical errors, misdiagnoses, or injuries during medical procedures, leading to liability for healthcare providers or manufacturers.
• Failure to Provide Timely Emergency Care: Delays or failure to provide timely emergency medical care, such as in the emergency room or ambulance services, can lead to worsened outcomes for patients experiencing acute conditions, including heart attacks, strokes, or traumatic injuries.

Any mistake that likely would not have happened at another reasonably careful healthcare facility may qualify as medical malpractice if it results in damages to the patient. Damages can include injury or illness, medical bills, pain and suffering, mental anguish, and lost wages. A plaintiff will have to prove that his or her experience fulfills the requirements for a medical malpractice claim.

Medical Malpractice Liability in Florida

The main cause of medical malpractice is practitioner or establishment negligence. When a healthcare center wants to save money, it may negligently allow patient care to slip. Similarly, a physician or surgeon may provide inadequate patient care due to carelessness, incompetence, lack of preparedness, or recklessness such as arriving to work intoxicated.

Liability for medical malpractice comes down to the party that caused the patient’s injuries or death. Common defendants in these cases include physicians, surgeons, anesthesiologists, nurses, hospitals, healthcare centers, surgical centers, emergency rooms, and product manufacturers. Many cases involve more than one liable party. If a surgeon left an object inside the body cavity, for example, the surgeon could be liable for negligence, but the hospital could share liability for failing to implement proper communication and procedure checklists.

Key Elements to Prove in a Medical Malpractice Case

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing injury or harm to a patient. To win a medical malpractice lawsuit, the plantiff must prove specific elements that establish negligence on the part of the healthcare provider.

1. Existence of a Doctor-Patient Relationship
   • The first step in any medical malpractice case is demonstrating that a formal doctor-patient relationship existed. This relationship establishes that the healthcare provider owed a duty of care to the patient. Medical records, appointment schedules, and treatment logs typically serve as evidence of this relationship.
2. Breach of the Standard of Care
   • Plaintiffs must show that the care they received fell below the accepted medical standard. This standard is defined as the level of care that a reasonably competent healthcare provider would have provided under similar circumstances. Expert testimony is often required to establish what constitutes the standard of care in the specific medical field related to the case.
3. Causation of Harm
   • It’s not enough to demonstrate that the standard of care was breached. Plaintiffs must also prove that this breach directly caused their injury or worsened their condition. This is known as causation. Medical records, expert testimonies, and sometimes, the sequence of events can help establish this link.
4. Damages
   • Finally, the plaintiff must show that they suffered actual damages as a result of the malpractice. Damages can be economic, such as medical bills and lost wages, or non-economic, like pain and suffering, emotional distress, and loss of quality of life.

Winning a medical malpractice lawsuit requires meticulous preparation, a thorough understanding of medical standards, and the ability to present complex information clearly. At Flanagan & Bodenheimer, we specialize in medical malpractice cases and are committed to guiding our clients through every step of the legal process.

Statute of Limitations for Medical Malpractice in Florida

The state of Florida gives you two years from the date you sustain or discover your injuries to file a medical malpractice claim. You only have four years total from the date of the incident to file, regardless of when you discover your damages.

It is critical to work with a Miami medical malpractice attorney on your claim. Otherwise, you could miss an important deadline and forfeit your right to file. Retaining the skilled counsel of our attorneys can significantly increase your odds of obtaining compensation from a negligent physician or hospital.

Why Choose Flanagan & Bodenheimer For Your Medical Malpractice Case

• Exclusive Focus on Medical Malpractice and Personal Injury: At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we specialize exclusively in personal injury cases. Unlike firms that handle a broad spectrum of legal matters, our dedicated focus allows us to stay at the forefront of developments in these complex areas of law. This specialization ensures that we provide our clients with the highest level of expertise and representation, tailored specifically to the nuances of medical malpractice cases.
• Small Caseload, Personalized Attention: We intentionally maintain a small caseload to guarantee that each client receives the personalized attention and support they deserve. When you choose Flanagan & Bodenheimer, you’re not just another case number. You will have direct access to your attorney, ensuring that your concerns are addressed promptly and thoroughly.
• Proven Success in Medical Malpractice Cases: Over the years, we have successfully recovered millions of dollars in compensation for clients who have suffered due to medical negligence. We understand the profound impact that financial compensation can have on your ability to move forward and rebuild your life after experiencing medical malpractice.
• Trial Experience: While many medical malpractice cases are resolved through negotiation or settlement, we are fully prepared to take your case to trial if necessary. Our experienced trial attorneys have a proven history of success in the courtroom and are not afraid to stand up to insurance companies and doctors on your behalf.
• No Upfront Fees: We understand that pursuing a medical malpractice claim can be financially daunting, especially when you’re already dealing with medical expenses and other related costs. That’s why we operate on a contingency fee basis. This means you won’t owe us anything unless we successfully recover compensation on your behalf.

Frequently Asked Questions

Can I sue for medical malpractice if I signed a consent form before treatment?

Signing a consent form does not absolve healthcare providers of their duty to provide competent care. If you believe you have been harmed due to negligence or failure to meet the standard of care, you may still have grounds for a medical malpractice lawsuit.

What damages can I recover in a medical malpractice case?

Victims of medical malpractice may be entitled to compensation for economic damages (such as medical expenses, lost wages, and future care costs) as well as non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life).

How do I prove medical malpractice in Florida?

Proving medical malpractice typically involves demonstrating that the healthcare provider breached the standard of care, that this breach caused the patient’s injury, and that the injury resulted in damages. This often requires expert testimony and thorough investigation.

Can I still pursue a medical malpractice claim if the patient passed away?

Yes, if a patient dies as a result of medical malpractice, their surviving family members may be eligible to pursue a wrongful death claim on their behalf. These claims seek compensation for the family’s losses, including medical expenses, funeral costs, and loss of support and companionship.

Will my case go to trial, or is settlement possible?

While every case is unique, many medical malpractice cases are resolved through settlement negotiations rather than going to trial. However, Flanagan & Bodenheimer is prepared to take your case to trial if necessary to pursue the best possible outcome for you.

How much does it cost to hire a medical malpractice attorney?

Flanagan & Bodenheimer handles medical malpractice cases on a contingency fee basis, meaning you only pay legal fees if we secure a favorable outcome for your case. There are no upfront costs, and our fees are contingent upon recovering compensation for you. Contact us today at 305-638-4143 for a free consultation.

Free Consultation With a Miami Medical Malpractice Lawyer

Our firm is your comprehensive source for medical malpractice knowledge and legal advice in Florida. We have obtained multi-million-dollar settlements for injury clients in the past, and we may be able to do the same for you. Contact us today for an honest evaluation of your medical malpractice claim.

Flanagan & Bodenheimer has sought justice for clients throughout Florida. We proudly cater to a wide range of areas, including but not limited to Coral Gables, South Miami, Homestead, Aventura, Sunny Isles, Brickell, North Miami Beach, Kendall, Miami Gardens, Pembroke Pines, Cutler Bay, Hollywood, Boca Raton, Fort Lauderdale, and West Palm Beach.

Our Miami medical malpractice attorneys are available and happy to give you the information you need to make an informed decision. Call us today at (305) 638-4143.