How Big Is The Problem Of Medical Malpractice In Miami?

Published on: 03 May 2021 Last Updated on: 02 January 2025
Problem Of Medical Malpractice In Miami

With exponentially growing medical malpractice cases, the time has come to take a serious view of the issue and take adequate steps to curb the problem.

A series of complicated statutes govern the medical malpractice cases in Tampa and are referred to as the Florida Medical Malpractice Act.

It comes under the ambit of Florida Statutes section 766. This statute has undergone several changes and edits over the years with changing times, and it is most favorable to hospitals and medical or health care providers.

The law is not very favorable towards malpractice victims. It takes highly experienced, expert, and skilled Miami medical malpractice attorneys to win a medical malpractice case.

How to File a Medical Malpractice Lawsuit?

The medical malpractice law also comes with a statute of limitations of two years. It means that the case needs to be filed within two years of the incident to be admissible in court.

If the petition gets filed within the original limitation statute expiry, it can be extended to three months. Medical malpractice cases are usually very complex and need a lot of preparation to build a solid case.

The lawyer and the victim have to put in a lot of time, effort, and energy into collecting and gathering relevant medical reports. Once collected, these reports are closely scrutinized and analyzed to see if it has merit.

An expert witness who also reviews the records then prepares an affidavit attesting to the fact that the victim was subjected to harm and medical negligence by the health care provider. Once the affidavit is submitted in court, the malpractice case starts.

How can a Miami Medical Malpractice Attorney help you?

The task of the Miami Medical Malpractice attorney is to check the complicated regulations and laws that must be met before a medical malpractice case is filed in Miami.

It is imperative to note here that as per Miami’s medical malpractice laws, there is a mandatory pre-suit screening period wherein a set of oral and written questions is involved in the mandatory 90-day period before filing the lawsuit.

As soon as the victim or next of kin realizes having a medical malpractice case, they must immediately look for a qualified, experienced, expert, and skilled medical malpractice attorney who can handle their case and file in court.

Some facts about such cases are an eye-opener about growing problems in the medical field. As per the latest studies, as many as 440,000 people get killed every year due to medical errors that could have been prevented in the United States of America.

It is a staggering figure and shows the lacuna in the medical services. The figure shows deaths that could have been prevented if there would have been no careless medical errors.

The Bottom Line:

It is high time that authorities in position start taking cognizance of the fact and putting practices, procedures, and systems in place to help control and bring down this figure. Due to medical negligence, occupying the third position as the cause of death in America is removed. Strict and quick actions can do wonders with this problem and help patients get the best medical care.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

DUI Florida

What are the Penalties for DUI in Florida

Driving under the influence (DUI) is a serious crime in the state of Florida. Often, drivers are unaware of both their rights when they are suspected of DUI and the consequences of a DUI conviction. First DUI Conviction : There are multiple legal options available for a first time DUI offenders, but depending on the circumstances of the offense, the punishments for your DUI conviction can be extremely harsh. These punishments, pursuant to Florida Statute 316.193, can include: A fine between $500 and $1000. Imprisonment for up to six months. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to six months. The punishments for a first time DUI offenders can be increased in certain scenarios. These scenarios fall under what is called “enhancement statutes”. Generally, your first DUI offense is considered a misdemeanor, but certain circumstances can enhance a person’s first DUI to a felony. If during the course of committing your first DUI, you cause serious bodily injury to another, the DUI with a serious bodily injury can be considered a felony offense of the third degree, which can result in imprisonment for up to five years, a fine of up to $5000, and other punishments. Other enhancements can be applied if an individual is killed as a result of a first-time DUI offense, which is considered DUI manslaughter. Multiple aspects of the crime can affect the punishments rendered to a DUI manslaughter offender, and if you are ever charged with this crime, you should consult with first DUI lawyers immediately. These enhancements and others apply to repeat DUI offenders as well as first-time offenders. Second DUI Conviction : People convicted of DUI for the second time face the following enhanced sentences: A fine between $1,000 and $2,000. Imprisonment for up to nine months. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to one year. Third DUI Offense : People convicted of three DUIs face serious sentences. The third DUI has automatically deemed a third-degree felony if the third DUI was committed within 10 years of a past DUI conviction. The sentences imposed for a third DUI conviction in this situation are as follows: Imprisonment for up to five years. A fine of up to $5000. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to two years. If the third DUI offense is committed more than ten years after an offender’s last DUI conviction, the offender will face the same amount of time with an ignition interlock device, but the fine imposed is between $2,000 and $5,000 and the term of imprisonment cannot exceed one year. Fourth DUI Offense : A fourth DUI conviction, regardless of when it occurs, is considered a third-degree felony punishable by up to five years in prison and a fine of $2,000 to $5,000. In addition to the penalties discussed, every DUI conviction carries with it a minimum period of revocation of the offender's license, which can be found on the Florida Highway Safety and Motor Vehicles website. If you have been arrested for DUI, contact a criminal defense attorney in Winter Park, FL.

READ MOREDetails
Legal Aspects Of Wrongful Death Cases

Coping With Loss: Legal Aspects Of Wrongful Death Cases

Experiencing the untimely loss of a dear one is a profound and painful experience. Especially when it results from the wrongful deeds or negligence of someone else; first, let’s understand what a wrongful death means, and then we will talk about the different aspects.  This article delves into the complexities of wrongful death cases, exploring the legal framework and avenues for seeking justice and compensation. So, make sure you stay tuned till the very end as we are about to unfurl some of the most interesting information about wrongful death claims.  What Does A Wrongful Death Lawsuit Mean?  When an individual faces death because of another person’s negligence, it is termed wrongful death. Most of us know it. But what’s a lawsuit related to it? Let’s have a closer look. The family members and close associates of those who die want to punish the responsible party, which is why they file a lawsuit against them.  The claims made against them are known as wrongful death claims. In such a lawsuit, the individual’s family might sue the person or the complete entity at fault for the death. It is important to remember that death claims do not bring back the victim. But it certainly strengthens the will to punish anyone who is negligent on-site.  The Role Of Legal Professionals Consulting with a legal professional, such as a Temecula wrongful death lawyer, can offer invaluable support and guidance. A lawyer with expertise in wrongful death cases can help interpret the law, manage the legal proceedings, and advocate for the maximum compensation. Their support can be crucial in ensuring that the legal process is handled sensitively and effectively, allowing families to focus on healing. Understanding Wrongful Death Claims Wrongful death claims allow certain family members or representatives to seek compensation for the losses they've endured due to the death of a loved one. California law specifies who can bring these claims, including spouses, domestic partners, children, and, in some cases, dependents who may not be directly related. These laws aim to provide financial relief and a sense of justice to those left behind, covering aspects such as funeral expenses, lost income, and the loss of companionship and support. Navigating The Legal Process Navigating the legal process in wrongful death cases can be complex and emotionally taxing. It involves understanding the nuances of the law, gathering evidence, and effectively presenting a case in court. Families often grapple with the legal system while still in the throes of grief, making the process even more challenging. A number of state laws restrict wrongful death claims only to immediate family members, parents, children, and surviving spouses. There might be varied requirements for heirs under the state intestacy laws or the will. But the legal professional files suit on your behalf and ensures that you win the case, attaching all necessary documents.  Seeking Justice And Closure Although there is no legal action to compensate for a loved one’s death, opting for a claim about the same can provide a sense of justice and closure. It holds the at-fault party accountable and helps prevent similar tragedies in the future. For many families, it’s a crucial step in the healing process. The emotional toll of losing a loved one in a wrongful death case is immense. It's not only a legal battle but also a personal journey of grief and loss. Finding a support system during this time is crucial. This can include counseling, support groups, and relying on the support of friends and family. Taking care of your emotional well-being is as important as managing the legal aspects of the case. Financial Implications And Compensation Wrongful death cases often bring significant financial strain, especially if the deceased was a primary breadwinner. Seeking compensation is not just about justice; it's also about securing financial stability. Compensation in these cases may cover lost wages, medical bills, funeral costs, and loss of future earnings. Understanding the full scope of financial implications is vital for the family’s long-term security. For financial compensation, you may have to fill out the claim form properly. It consists of every little detail that might be significant for the claimed purpose.  Time Limits For Filing Claims It's important to be aware of the statutes of limitations in wrongful death cases. These laws set the maximum time after an event within which legal proceedings may be initiated. Missing these deadlines can result in the loss of the right to seek compensation. Knowing these time frames and acting promptly is crucial in these cases. Also, there are instances when fraudsters have logged fake information just to get some money. To mitigate the possibilities of such fake cases, a time limit is imposed for filing claims. It also helps in managing the operational side of claim settlement.  The Role Of Evidence In Building A Case Gathering as well as preserving evidence is key to building a strong wrongful death case. This might include medical records, witness statements, and expert testimony. Solid evidence not only supports the claim but also helps in accurately quantifying the damages for fair compensation. Working with legal professionals to collect and present this evidence is essential for a successful outcome. Conclusion Wrongful death cases are about more than just legal claims; they're about seeking justice for a life unjustly taken and providing support to those left behind. Understanding and navigating the legal aspects of these cases are crucial steps in this journey. While the road to recovery may be long, knowing your rights and options can provide a path toward healing and closure. Read Also: 5 Common Types Of Personal Injury Cases Top 10 Colorado Springs Personal Injury Attorneys How Much Compensation Can You Expect Run Accident Claims

READ MOREDetails
Marriage tips

4 Warning Signs your Marriage is in a Serious Trouble

It’s safe to say that no one decides to marry expecting a divorce. If you were sure your marriage wasn’t going to last long, you would have spent your money on wedding preparations or walk down the aisle. However, marital challenges are something every couple faces. There are issues that could lead you and your spouse from a justice of the peace to a divorce attorney’s office. Here are signs your marriage is in deep trouble. 1. You’re contemplating an affair You may be tempted to have an affair for many reasons. For instance, you may be longing for the excitement that comes with a new relationship. Or you want to have a passionate, sensual session with a different partner. Some people think of having an affair because they want attention and appreciation or simply want to connect with a person you think is more similar to you than your partner. Regardless of the reason, you’re seeking another partner; sexual affairs are a warning sign of serious trouble in your marriage. These actions won’t solve your marital unhappiness. In fact, a cheating spouse and all other related infidelity issues often create unintended troubles. Once your emotional energy goes outside your marriage, all the problems that need immediate attention to take a back seat. More marital problems linger and even become worse. Deceit, guilt, lies, and shame are often by-products of cheating and lead to separateness and avoidance. Trust corrodes, and suspicion runs high. If your marriage was experiencing minor issues before your decision to stray, it would be in deep problems soon. Therefore, your extra-marital fantasies are simply a warning sign that you need to get your marriage on track. 2. You fight about the same issue regularly Let’s face it; marriage and minor conflicts go hand in hand. After all, it’s nearly impossible for two people to successfully live under the same roof with an argument no matter how minor it is. That isn’t a problem. While not all problems in a marriage can be fully resolved, if you realize you have been arguing over the same issue repeatedly and you never appreciate each other’s point of view, your marriage is headed for trouble. Frequents fights over the same issue make marriages unpleasant and you and your partner will begin focusing more on the negative side of your relationship. 3. Escalating arguments and fights In addition to fighting over the same issue repeatedly, if these arguments are growing in intensity, things might be going southwards. Escalating fights and arguments result in physical or verbal abuse, both of which can’t be accepted in a marriage relationship. 4. Having less time for each other For some people, everything is more important than having time for their partners. Whether its work, hobbies, relatives, kids, friends, and more, everything seems to take precedence over their marriage. What happens is that you and your spouse stop being close friends and your emotional connection suffers. You stop having sex like you used to do and over time, the connection and affection you had for each other fades away, which is why you should always try to keep the connection alive, regardless of how much sex you're having. If any of these risk factors sound familiar, it’s imperative that you take the right action to get your marriage on track. Read Also : Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage Benefits Of Using Divorce Lawyers

READ MOREDetails