Miami Medical Malpractice Lawyer for Car Accidents
After being involved in a serious car accident, you may need significant medical intervention. Life-saving procedures and emergency medical care are often some of the highest-risk medical procedures and surgeries, especially if they involve working with delicate nerves or vital organs. In many cases, you may face additional harm because of ineffective or negligent medical care.
If you received ineffective medical care or suffered from surgical errors or improper diagnoses after a car accident, talk to an attorney about your case. Not only can you sue the at-fault driver for the harm you suffered as a direct result of the accident, but you may also be able to sue them for the damage you suffered from the medical malpractice as well. For help understanding your case and who to sue, talk to Miami medical malpractice and car accident lawyer Prosper Shaked today. Call (305) 690-0244 today to schedule a free consultation with The Law Offices of Prosper Shaked.
Suing for Medical Malpractice after a Car Accident
When you face serious injuries in an accident, you can usually sue the person who caused the accident to recover any damages. For a car accident, this includes vehicle damage, medical bills, lost wages, pain and suffering, and other consequences of the injury. If you sought medical care because you were injured in a car crash and that medical care caused additional injury through medical negligence, the medical injuries are still a consequence of the car accident. That means that the driver who was originally at-fault can be made to pay for subsequent medical malpractice injuries. The same is true if a loved one later passed away from poor medical care after being involved in a car crash.
Negligent medical care that takes place after another negligent injury is known as “successive negligence.” The original at-fault party can be made to pay damages for this additional negligence since medical complications and negligent medical care are an expected possibility during any procedure. However, if the poor medical care you received is so bad that it is outside the realm of expected results, the law might cut-off the driver’s liability. This usually occurs in cases of “gross negligence” or intentional harm (e.g., battery) on the part of your medical care providers. These intervening causes that cut-off the driver’s liability are quite rare.
When you sue the driver for subsequent medical malpractice damages, they can be considered part of the car accident lawsuit. This means that you must meet Florida’s no-fault car insurance requirements before you can sue. Florida only allows lawsuits for auto accidents if the injuries you sustained are permanent enough to affect bodily functions or if the damages you seek are worth more than $10,000. Many car accident injuries are, by themselves, serious enough to qualify to sue. Adding the additional damages from the medical malpractice often puts victims over the threshold and entitles them to file a lawsuit for their car accident medical malpractice injuries.
Who Do You Sue for Medical Negligence After a Car Crash?
Even though the driver may be legally responsible for all damages after a car crash, a negligent healthcare provider is still responsible for their own actions. In most cases, this means you should actually file a case against both the driver and the doctor. In addition, any other drivers that contributed to the crash, healthcare providers that helped with your medical care, and the hospital you were treated at could be potential targets of the lawsuit, too.
You never know how a jury is going to decide the case, so you should never rely upon suing only one party, if possible. If the jury decides the driver was not negligent, you may not be able to recover any damages from the driver. However, the doctor may still be at-fault for your medical malpractice injuries, and the court could still order the doctor to pay damages if you included them in the lawsuit. If you fail to include any potentially liable parties, you could miss out on damages they should be responsible for.
Ultimately, your attorney can guide you through who to include in the lawsuit. Every case is unique, and the legal strategy used might change depending on your case. However, one important factor to consider is the question of who can pay for your injuries. If the at-fault driver did not carry car insurance, they may be unable to afford the medical malpractice damages, and it might make more sense to sue the doctor to recover compensation from their malpractice insurance. An attorney can help you understand the best strategy to maximize the damages in your situation.
Miami Injury Lawyer for Car Accident and Subsequent Medical Injuries
You may be entitled to sue a negligent driver for any subsequent medical malpractice you suffered while recovering from your car accident injuries. Whether you suffered from misdiagnosis, delayed diagnosis, surgical errors, or other medical negligence, the at-fault driver could be made to pay your damages. For help with your case, contact The Law Offices of Prosper Shaked today. Miami medical malpractice and car accident lawyer Prosper Shaked fights to get victims and their families the compensation they need after serious injuries. For a free consultation on your case, contact our law offices today at (305) 690-0244.