Is Your Situation Eligible for a Medical Malpractice Lawsuit?

Medical malpractice occurs when a medical professional injures a patient by failing to follow the recognized standard of care.

Some of the most common examples of medical malpractice include the following:

  • Misdiagnosis, or when a doctor fails to identify a patient’s condition or injury properly
  • Delayed diagnosis, such as when the doctor fails to order proper tests or communicate the test results, and a patient is harmed as a result
  • Failure to recommend the proper treatment
  • Surgical errors, such as when the wrong surgery is performed, the wrong body part is operated on, or equipment is left in the body cavity 
  • Birth injuries resulting in severe harm to the infant

How Do You Prove Medical Malpractice?

To bring a successful claim for medical malpractice in Miami, an individual must establish that:

  • A doctor-patient relationship exists
  • The doctor provided substandard care and was negligent in some way
  • The doctor’s negligent care caused the patient’s injury
  • This injury resulted in significant harm to the patient
  • The doctor can remedy harm with damages, which are meant to compensate for losses sustained because of the malpractice

When proving medical practice, several types of evidence are helpful, such as:

  • Medical bills can prove the expenses you incurred as a result of the malpractice
  • Pay stubs can establish the amount of income you have lost while recovering
  • Medical professional testimony can prove the extent of your injuries
  • Testimony from you, your family, and your friends can help show how the injuries have affected your life

What Damages Are Practitioners Liable For?

Medical malpractice damages can be categorized as one of the following:

Compensatory damages

Compensatory damages may include economic damages, including:

  • Lost earning capacity
  • Lifecare expenses
  • Medical expenses
  • Past and future losses

These damages also include non-economic damages, which assess the injury itself, psychological and physical harm, such as:

  • Losing one’s vision or legs
  • Extreme pain
  • Emotional distress

Punitive Damages

Punitive damages are generally reserved when the defendant is found guilty of malicious or willful misconduct. Because punitive damage is a form of punishment, it is paired with actual or compensatory damages.

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Mr. Alex Alvarez

Why Choose Us?

The Alvarez Law Firm has a legacy of winning when the stakes are highest. Founded by one of the most accomplished civil justice attorneys in the U.S., The Alvarez Law Firm is a boutique trial practice with an unrivaled record and reputation for courtroom results.

Our firm has over thirty years of experience winning Miami medical malpractice cases resulting in severe injury or death. The firm’s multi-million dollar verdicts against large corporations in Pharmaceutical, Medical Malpractice, and Injury cases have established key legal precedents while delivering justice and due compensation for its clients and their families.

Contact us today to learn how The Alvarez Law Firm can help you with your medical malpractice claim.

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How To Choose the Right Attorney

While personal referrals are often the best place to start when finding an attorney, state bar associations are also good resources for finding lawyers who practice in the field in which you require assistance.

Most lawyers offer a free initial consultation; you should take full advantage of this as an informed consumer. Be prepared with a written list of questions, and make notes during the consultation to compare the lawyers on your list later.

Essential questions to ask during this initial consultation include the following:

  • What is their area(s) of expertise?
  • What is a ballpark estimate of potential costs?
  • Do they have a legal team who will be handling your case with the attorney?
  • How does the lawyer communicate with their clients?
  • If you have a question, how should you contact them?
  • What is their response time like?
  • Do you feel at ease with this lawyer?
  • Will you feel comfortable asking them questions and bringing up issues that concern you?
  • Has the lawyer you've chosen been the subject of any disciplinary actions?

After asking these questions, you should be able to choose the right medical malpractice lawyer in Miami to represent you in your case.

Will I Have To Go to Trial?

For some people, the risk of having their personal, private pain made public through a prolonged lawsuit prevents them from pursuing total and fair compensation for their medical malpractice injuries. Rest assured that, according to a 2007 U.S. Department of Justice study, about 95% of medical malpractice insurance claims settle before trial.

However, this does not mean your medical malpractice attorney won’t file a lawsuit. Most medical malpractice claims that settle before trial do so after your lawyer has filed a lawsuit against the medical provider and their malpractice insurance company. This helps convince insurance companies that you are serious about pursuing the compensation you deserve.

If you are concerned about keeping your private medical information out of the public record, simply filing a lawsuit will not expose much of that history. The initial complaint filed by your attorney will generally describe the following:

  • The nature of your injury
  • When the healthcare provider committed the malpractice
  • How it led to your injury
  • The extent of your current suffering and struggles

Causes of Medical Malpractice

Many malpractice claims are caused by medical mistakes such as misdiagnosis, surgical errors, and improper medication administration.

Herb Borroto leads our team of experienced, persistent Medical Malpractice lawyers in Miami. In addition to being one of the sharpest legal minds in the industry, Herb is also a trained medical doctor, affording him a rare perspective on the most complex and intricate cases. For over 32 years, we have served our clients steadfastly, achieving multiple million-dollar verdicts that have helped individuals and families begin the healing process.

Below, you will find more information about the causes of medical malpractice cases handled at The Alvarez Law Firm.

Let’s talk about your case.

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