Tag Archive: medical

The Things to Look For in a Miami Medical Malpractice Attorney

There are many things to look for when hiring a Miami Medical Malpractice Attorney. This is not something you want to do, but if the time comes you must make a decision that is going to benefit you in the long run. It is never easy to think about hiring this type of help, however it is something that many people have to do on a regular basis. Are you going to make a good decision or will you rush through the process?

The way that you hire a Miami medical malpractice attorney may not be the same as the next person. If nothing else, you need to do what is best for you. There are a lot of people who hire the wrong help, ending up in a bad situation before they ever know what is going on.

Above all else, you should hire a Miami medical malpractice attorney with experience. This will go a long way in ensuring that you get the help you need from somebody who has worked similar cases in the past. You want somebody who has represented clients like you over the years. This is the only way to ensure that you are going to be in good hands from start to finish.

Of course, you also want to seek out a Miami medical malpractice attorney who is knowledgeable regarding the laws of your case and situation. Somebody with a high degree of knowledge is somebody who can help you better understand what you are going through and how to best move forward.

Speaking of moving forward, you don’t want to get bogged down. Instead, you want your Miami medical malpractice attorney to be able to handle your case from beginning to end. This does not mean that you can sit back and do nothing. That being said, your attorney should be able to take the lead and make all the right decisions for you. As long as you are able to answer questions and do what is directed by your attorney, you should be in good shape.

Does your Miami medical malpractice attorney have time for you? This may sound like a silly question, but it is one that you definitely need to answer. Some attorneys are busier than others. You must make sure your lawyer has enough time to devote to your case. Additionally, you need to know which lawyer will be handling your case if the firm has more than one on staff.

These are some of the more important details to consider as you search for a Miami medical malpractice attorney. Your case is very important to your future well being. For this reason, you cannot afford to make a bad decision.

Once you speak with an attorney you will have a better idea of whether he or she is right for you. From there, you can make a final decision on what to do next.

There is no better feeling than having a qualify Miami medical malpractice attorney working on your case from beginning to end.

Understanding The Basics of Medical Malpractice

It’s something that no one wants to go through. A brief glance through the resources which Legalzoom reviews shows, however, that medical malpractice is far from uncommon. While some cases are made by those who just hope to get rich quickly off a doctor’s innocent mistakes, others are quite serious. If you are in a situation where you think that there might be a medical malpractice issue, then it is essential that you understand the basics to determine how you should proceed.

Situations Involving Medical Malpractice

Medical malpractice comes up in those cases where the doctor, nurse, or other medical professional harms the patient through failure to provide adequate or proper treatment as stated in some of the resources and stated in Legalzoom reviews. Minor mistakes that do not cause harm are not considered medical malpractice. Disapproval or frustration with the results is not considered medical malpractice either. Medical malpractice requires an actual harm either through a wrongful act or failure to act with few exceptions. In most cases, this involves a misdiagnosis, a delayed diagnosis, injuries inflicted during birth and prenatal care, prescription and medication errors, anesthesia mistakes, and surgery errors.

Requirements of the Claim

The basic requirements of the claim are fourfold. It is an elements test, which means that all three must be satisfied. These include the following

As a side note, in situations where it is not clear whether the doctor was directly responsible, the court will typically apply a preponderance of the evidence standard. This means that you as the patient must show that it is more likely than not that the doctor’s act is what caused the harm.

Making the Claim

The claim itself must be made within the period of time before the statute of limitations. While this will vary based on state, many of these statute of limitations begin running from the time that the harm was done if it is something that should have been obvious or at the time that it should have been discovered if it was not obvious. In many states, personal injury limitations apply, meaning that the patient must place the suit before two years. In some states, this period of time is as short as six months after the injury occurs.

If you believe that you have been injured and may have a medical malpractice suit, then meet with an attorney as soon as possible. The attorney will be able to get the ball rolling and ensure that you do not miss the statute of limitations if you give him enough time to get the job done.

Suffering From a Medical Negligence? A Medical Compensation Lawyer Can Help

In times of a medical emergency, a person has no other option than trusting his doctor. Whatever the doctors say is religiously followed by the patients and their relatives. A medical ailing brings about not only physical suffering but also mental anxiety. The worst thing that can happen at such a time is negligence of the doctor. However, the patients who suffer from such negligence can get legitimate compensation for their agony from the court. There is a proper procedure that is followed to provide help to the victims.

First of all, the victim who is the patient in this case has to present sufficient proofs to show that the doctor was not paying attention to him and he is the one who is solely responsible for his condition. In such a case, the doctor owes a ‘duty of care’ to his patient and the victim can make a medical negligence claim against him. Thus it is very important that his liability is proven. The legal responsibility of a doctor or any of his assistants is to provide the required care for the patient presently being attended. A conduct of inattention is not expected by such a professional.

Looking from the other perspective, it is a must to prove that if the doctor or his assistant would have attended the patient properly, the injury could have been avoided. These two perspectives or main components of the claim are known as liability and causation. In such a situation, the patient needs the help of a compensation claim lawyer to prove the negligent action of the medical practitioner. These cases need an expert lawyer to fight the case as a medical aspect is also involved and the doctor can present certain testimonies that cannot be challenged.

Such cases may leave a person with various kinds of losses such as loss of present and future income, changes in lifestyle, emotional setbacks and thus, he deserves a huge claim that can only be derived with the help of a professional compensation lawyer. There are various details involved in such case. For instance, if the injury occurred due to an action performed by the doctor that was correct according to the medical standards, then he cannot be punished. He can only be indicted if he did not act according the medical norms. On the other hand, if the medical staff has acted unjustly, it would prove that the management did not operate as per their responsibility. These two main points help a lot in solving such case.

For filing a medical negligence claim, the patient has to send a letter of claim to the hospital authorities or the medical practitioner under whom he was treated about the injury that has occurred due to his actions. He has to assert all the facts and details of the case in the letter. After receiving the letter, the medical authorities have to reply to the letter or face the charges in the court. The letter of claim and all other details will be evaluated in the court.