Medical Mistake Attorney in Miami, FL
Doctors are traditionally expected to “First, do no harm” when it comes to the medical care they provide. This is not a legally binding oath, but it does give insight into the standards of the medical community: doctors should help make patients better, not cause them additional harm and health concerns.
If you or a loved one suffered injuries during a medical procedure, or if you were subject to improper or negligent healthcare, call the Miami, Florida medical mistakes attorney at The Law Offices of Prosper Shaked today. Our lawyer represents victims of medical malpractice and medical mistakes, and he fights to hold their doctors accountable for financial compensation. For a free legal consultation on your case, contact us today at (305) 690-0244
Proving a Medical Mistake in Florida
Most people who receive healthcare are not themselves medical experts. This means that they are forced to trust that their doctors, nurses, and other healthcare providers are giving them the treatments and procedures that they need, and that they are performing those procedures the right way. If a doctor makes a mistake, it may be difficult for a layperson to recognize it, let alone prove it.
In many cases, you might suspect that something is wrong with a diagnosis or that your procedure did not go as expected, but patients might not discover the true extent of the negligence until they seek a second opinion from another physician. Your new doctor may be able to point out to you what went wrong or what the correct diagnosis should have been. When this happens, get all of your medical records and talk to a lawyer immediately.
Your lawyer can help you collect all the evidence you need to prove your case. In most medical malpractice cases, a lawyer will hire a medical expert who can testify in court as to how the procedure went wrong and how what your doctor did fell below the standard of care.
In general, you need to prove that there was, in fact, a mistake or error to get compensation for the injuries and adverse health effects you faced. Most medical malpractice insurance companies and defense attorneys will try to defend the physician by claiming that there were no mistakes and that the bad outcome was within the bounds of normal complications they warned you about. It will be your lawyer’s job to prove that the injuries and issues were more than these normal complications by using the medical expert’s testimony, your medical records, and testimony from care providers that might have witnessed the negligence to show that there were mistakes in your care.
Getting Compensation for a Doctor’s Mistakes and Negligent Healthcare
If you were injured by medical mistakes, the primary purpose of filing a claim is to seek justice and financial compensation from the doctor who injured you. To get these damages, you must produce evidence of how much the damages were worth and what damages you suffered. Your attorney can handle this for you.
Medical mistakes often result in additional healthcare needs. These additional procedures or care needs might be expensive, but they would not have been necessary if the doctor did not commit the mistakes in the first place. You can usually prove how much these damages cost by producing your medical bills and financial statements related to the costs.
The consequences of additional injuries and care needs can include missed time at work and lost wages. Severe or permanent health effects of injuries could also make it impossible to return to work at your regular capacity, resulting in lost earning capacity or reduced future wages. These damages can be proved through financial statements and pay stubs as well as evidence from financial experts who can be used to project your future damages. Your attorney can work to arrange this evidence.
You can also typically claim compensation for the physical pain and mental suffering you experienced. These damages cannot be easily shown or demonstrated to a jury, but the testimony you provide and the severity of the injury can help convince a jury that your pain and suffering damages are substantial and that they should award you high damages.
As mentioned, the jury hears the evidence of your damages and decides the final cost the court will order the doctor to pay. The judge is sometimes able to interject legal doctrines that might limit or expand these damages, but the jury’s ruling often dictates the total damages. Your attorney can help provide the jury with the proper evidence they need to prove that these claimed values are correct and represent the full damages you faced.
If you lost a loved one, you might also be able to claim damages related to the loss. This can include harms you faced as a family, like lost wages, lost household services, lost companionship, and lost spousal services. Damages for wrongful death due to medical mistakes can also include compensation for funeral and burial costs as well as other financial harms you faced because of the death of a parent, spouse, or child.
Talk to a lawyer about what these damages are worth before accepting any compensation. Compensation accepted out of court might count as a settlement and block your ability to file a lawsuit.
Call Our Miami Medical Mistakes Lawyer for a Free Legal Consultation
The Law Offices of Prosper Shaked represent victims of medical mistakes and medical malpractice, and we fight to get you and your family the compensation you need after serious injuries. For a free legal consultation on your case, contact our Miami, FL medical mistake attorney today at (305) 690-0244.