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Medical Malpractice Claims

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Medical Malpractice Claim

When a hospital, doctor or other medical worker fails to uphold the standard of care, then they may be guilty of medical malpractice.

Patients put their trust into physicians, nurses, and other members of the health care staff in hospitals and doctor’s offices across the state. Most of these professionals have many years of education and experience that enable them to provide high-quality care.

However, all of these providers are human, and this means that they are prone to accidents and mistakes. When these errors occur, the result can be devastating for the patient and their family. Longer recovery times, prolonged pain and discomfort, and even a wrongful death, may be the outcome for the negligence of a medical professional.

Hospitals, clinics, long-term care facilities and the professionals who staff them are generally protected by medical malpractice insurance. When something goes wrong during the treatment of a patient, then a claim against this insurance may be made.

Unfortunately, insurance companies prefer not to pay out these claims. If they are forced to make a payment, then they may make an offer that is not sufficient to cover the victim’s medical bills, let alone their pain and suffering.

Consequently, it is vital that victims of negligence immediately get in contact with a medical malpractice lawyer.

Your Insurance Attorney is available to negotiate with the medical malpractice insurance company and can file a lawsuit if one becomes necessary.

What Is Medical Malpractice?

When any health care professional, hospital, clinic, or other care facility causes an injury to a patient through a negligent act or omission, then they may be guilty of medical malpractice.

In order to make a successful claim, a medical malpractice attorney will need to establish certain facts.

The first of these facts is that there was a violation of the standard of care. Essentially, the medical community has identified and recognizes certain standards that are critical to providing quality care to all patients. Patients have the right to expect that the care they receive will adhere to these standards. When care does not meet these standards, then there may be a case for medical malpractice.

Additionally, the attorney must show that an injury was caused by a standard of care violation. It is necessary to prove that the injury would not have been sustained by the patient if the negligence had not occurred. 

The other factor that the medical malpractice lawyer seeks to establish is that significant damages resulted from the injury. Pursuing a medical malpractice claim and litigation is expensive when experts and many hours of depositions are involved. Accordingly, such lawsuits are only worth pursuing when significant damages were incurred. Examples of damages may include significant medical bills, loss of income, disability, unusual pain or suffering, and hardship.

Medical Malpractice Examples

Medical malpractice may exist in many forms. Sometimes, more than one type of negligence can be identified in a single case. 

These are among the most common examples of medical malpractice:

  • Failure to recognize symptoms
  • Misdiagnosis or failure to diagnose
  • Failure to order an appropriate diagnostic test
  • Performing unnecessary surgery
  • Failure to take the patient’s medical history into account
  • Surgical errors
  • Wrong-site surgery
  • Premature discharge from hospitals
  • Prescription medication errors
  • Poor follow-up or after-care 

Sometimes, the cause of medical malpractice doesn’t rest with a particular individual, but is part of systemic problems within the hospital. For instance, if the facility isn’t observing proper safety protocols and lacks adequate medical staffing, then the facility management may be responsible for the malpractice.

If you or someone you love has been injured after experiencing any of these negligent acts in a health care facility, then it is vital that you contact a medical malpractice attorney without delay.

Contact a Miami Medical Malpractice Lawyer First

Health care personnel, and the hospitals and clinics that employ them, tend to be reluctant to admit negligence. This is because they know that medical malpractice claims can not only be detrimental to their reputations, but also because such claims tend to make their insurance rates skyrocket.

Hospitals, administrators and physicians are experts when it comes to health care. They know what the standard of care is, and they know when it has been violated.

However, they also know that most people aren’t health care experts. This can make it easier for the hospital to try to convince the patient that everything with their procedure went as planned. How can you know if that’s true or not?

If you even suspect that you have been the victim of negligence on the part of a health care professional or the facility where they work, then it is wise to consult with a medical malpractice attorney in Florida.

Schedule a Consultation with Your Insurance Attorney

Administrators at the hospital may be anxious to have you sign all sorts of paperwork, but resist their efforts as much as you can until you have spoken with a lawyer.

A medical malpractice lawyer can explore the situation to determine whether or not actual negligence occurred. This tells you if it is worthwhile to pursue a claim and possibly litigation.

Proving legal services for medical malpractice is not easy. It requires experience and knowledge that the average lawyer does not possess. However, at Your Insurance Attorney, medical malpractice cases are a regular part of our docket.

This means that we’ve probably seen cases similar to yours before. Accordingly, we can properly assess your circumstances so that you can make an informed decision about proceeding with a claim and lawsuit.

Even if you are already embroiled in a disagreement with a hospital or other care facility, it’s not too late to request help from Your Insurance Attorney. That’s also true if you’ve been offered a lowball settlement that doesn’t begin to cover your expenses. 

Your Insurance Attorney doesn’t get paid unless you do. That means that you can afford legal representation in any medical malpractice matter.


How much will I get as payment once my case settled?

Each case is different. It is not possible to provide a number, or even an estimate, from the onset of any case.

How does a personal injury case work?

Once you have completed your medical treatment, we will send a demand letter to the insurance company at fault, which will include all of your medical records and bills. Once the insurance company receives the demand, they have about 30 days to respond to our offer to settle with a counter offer or acceptance. We will then contact you to discuss the offer presented and what the next step would be in our negotiation process.

How long will my case take to finalize?

Every case is different. However, most cases take approximately 6 months to a year. If we have to file suit, it may take longer.


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