How Big Is The Problem Of Medical Malpractice In Miami?

by

03 May 2021

Legal

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:

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

View all posts

Leave a Reply

Your email address will not be published.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

Related

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
Injury

What if Multiple People are to be Blamed for your Injury?

Car accidents are by definition complicated, and when more than one person is to blame for one, they can get even more so. That is why it is so important to fully understand what just happened and where to place the blame. It is necessary to determine the group of people or an individual, whatever the case may be and figure out where responsibility is to be assigned for the crash and the resulting trauma. When We Talk About Fault, What Do We Mean? Legally, fault refers to the person accountable for affecting harm. This harm might have happened through careless actions that may be defined as negligence. Once the fault has been determined, the individual at fault is bound to pay-up compensation entirely for causing damage and other material or physical losses that result as a consequence of that injury. In case a lawsuit pertaining to a personal injury ends up at court, a civil jury can decide the result of the verdict in favor, which in turn could be a very substantial amount. Yet, in some cases, more than one person may be at fault. That means that both people involved in the accident may have contributed to it happening to a greater or lesser degree. This may result in both of them being considered at fault. To determine the amount of blame that falls on each individual in an injury case of a personal nature, all states follow some version legalities which involve one of two rules: Contributory negligence Comparative negligence Contributory Negligence: Negligence of a contributory nature considers that if you are in any way guilty of causing your own injury, you do not have the right to make anyone else accountable for it. In an ideal Contributory Negligence structure, if you are even 1% at fault, the law withholds you from collecting any compensation from a person who is potentially 99% at fault, even if you’re out hundreds of thousands of dollars in damages. If it is determined that you have been marginally negligent, you receive nothing. Although an extremely harsh rule, it is still commonly used in some states. Comparative Negligence: The first thing that must be figured out if one needs to understand the comparative negligence legality, is the extent of fault that falls on each person that was involved in the accident. In most instances, both individuals turn out to be negligent to a certain degree. The sitting judge or the as the case may be, would determine the percentage or quantum of fault assigned to each that contributed to the accident. It may be determined that one of them is 60% responsible while the other one is only 40% to blame. In these cases, each party can collect damages that are commensurate to the percentage of fault that would be assigned to the other party. Some states adhere to a strict comparative negligence rule, while others hold a structured point to determining the quantum of fault assigned to an injured plaintiff. What Legal Rule Does Florida Follow? Florida is a pure comparative negligence state. If you have been involved in a car accident and need someone to be by your side, there are several reputable personal injury lawyers, like the attorneys at Friedland& Associates, who are knowledgeable about the ins and outs of the Fort Lauderdale civil courts and car accident litigation. Call them today to receive a free consultation. Read Also: 5 Things To Look For In A Personal Injury Lawyer Do I Need A Lawyer For A Car Accident That Wasn’t My Fault?

READ MOREDetails
Independent Contractor

What Independent Contractors Need to Know about Workers Compensation

Are you an independent contractor? What if a worker (employee) gets injured during the line of work? Would they compensate according to the fair rights of workers? Where many companies ought to ignore the rights of their workers or may not be completely aware requires the rule book again. If this happens, then definitely it is time to hire a Construction Workers Compensation Lawyer in Oregon to help you get the justice you deserve. Though there is a  Seattle worker’s compensation attorney and even Texas is loaded with it, therefore rather than going unethical with your worker regarding his compensation rights, you might want to get an attorney. If you are an independent contractor you need to know about your workers' compensation rights. It’s the best way to stay in touch with reality and not even get cheated on by fake compensation claims of your workers. What does workers’ compensation cover? It is like an insurance program for your workers. This program covers their medical coverage, rehab expenses, and even partial wages when the worker gets injured during the work process. The new system of workers compensation replaces the traditional way of using the party that was somehow the reason for the injury during work. In exchange for not suing their employer and getting certain benefits in return for the injury or damage. Mostly workers’ compensation is governed under state law. Factors to be considered: The court determines whether the person is an independent contractor or a worker who fully deserves the compensation and is open to a number of benefits. These factors may be made under the state law that governs workers’ compensation or under the state of common laws. Scope of the Work An employee may work for one employer but when it comes to an independent contractor, they may consist of more than one employer. Whereas, employees are given specific working hours and independent employees set their own working hours. An employee works at a specific provided location and the situation is vice-versa for an independent contractor because he or she can choose any location for work. Control, Cost, Contract The most important distinction between an employee and independent contractors is the employer’s control over their actions. Independent contractors mostly fit the work according to how they would want it while the employees are scrutinized with their format of doing work. Keeping in mind that independent contractors are generally expected to pay for cost affiliated to work. Whereas, employees don’t have to bear the cost of the work at all. Employees are generally hired “at-will” to work and it can be ended by both parties. However, the independent contractor works under an agreement of time-span which is not amendable. You need Legal Assistance! Courts can evaluate the situation and easily encounter if the independent contractor falls for workers’ compensation or not. It is not only up to the employers. Only the legal guidance can state how different each case of an independent contractor or employee is for compensation with several rules and factors. If you are classified as an independent contractor doesn’t mean you don’t get workers’ compensation. It all depends on your case. Read Also: Shouldn’t On-Demand Workers Get Workers’ Compensation? Atlanta Law Experts: Know about Back Injuries Compensation Looking for a Gardener: 8 Questions to Ask Before Hiring a Professional

READ MOREDetails