Articles Tagged with medical malpractice miami

Personal injury cases always involve significant investigation activity and numerous tasks before suing in court, but Florida medical malpractice cases take things to another level with pre-suit requirements. At one time, there was a spike in frivolous lawsuits against physicians, prompting lawmakers to enact Florida’s medical negligence statute. The law requires claimants to take certain steps before initiating litigation to ensure that the case actually has merit and can be supported by medical evidence. Failure to comply with the statutory requirements could result in a dismissal of your case. 

If you or a loved one was affected by medical negligence, it is wise to get legal representation to manage the complicated tasks. You are up against an insurance company with experienced employees and a skilled legal department, so level the playing field by retaining a Miami medical malpractice lawyer. For some background, you can review the different pre-suit requirements that your attorney will address.

Reasonable Investigation: It is always essential to conduct an investigation and gather detailed evidence for a personal injury, so Florida’s med mal law does not change this strategy. However, it imposes strict rules on the focus of the probe. Your lawyer must make a reasonable investigation as allowed by the circumstances, and the facts need to support a good faith belief that the health care provider was negligent. Medical negligence occurs when a physician deviates from the standard of care that applies to the practitioner and situation.

The United States now has more diagnosed cases of coronavirus than any other country. The death toll in Florida continues to rise. With so many sick people seeking hospitalization related to coronavirus, hospitals are becoming overloaded and many health care professionals do not have the required protective equipment. Many Miami residents might wonder whether or not they can bring a lawsuit for hospital negligence involving coronavirus. 

Can You Sue a Hospital for Negligence Related to Coronavirus?

Coronavirus is an incredibly invasive virus. Negligent safety practices in hospitals can result in patients becoming infected with the potentially deadly disease. Older individuals are more likely to die from coronavirus complications. Additionally, people with underlying medical conditions are more susceptible to dying from complications of coronavirus. In certain situations, people whose loved ones suffer long-term injuries or death due to hospital negligence may have a legal right to sue the hospital. 

For over a decade, Florida patients who were injured by a doctor’s negligence or malpractice have been limited in the amount they could recover in compensation. In medical malpractice lawsuits, injured patients could only recover $500,000 in damages for their pain and suffering, or up to $1 million in cases of catastrophic injuries. Recently, the state’s highest court found that these limits are unconstitutional, opening the door for injured people to recover full compensation for their injuries. Our medical malpractice attorneys  in Miami are happy to see that the highest court in the land has ruled against these caps. Not surprisingly, the caps have made it more difficult to access courts and for medical malpratice victims recover for negligent healthcare services.

Broward Case Challenges Law

In 2003, then-Governor Jeb Bush signed into law a piece of legislation meant to protect doctors from the rising costs of practicing medicine. The law aimed to correct what the legislature called a “medical malpractice insurance crisis.” According to the governor and the supporting legislators, the high cost of physicians’ medical malpractice insurance premiums was forcing doctors to either leave Florida to practice in another state or retire from practicing medicine early.

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