How Big Is The Problem Of Medical Malpractice In Miami?

Published on: 03 May 2021 Last Updated on: 16 July 2024
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

accident

What you need to know to win your slip & fall case

First of all, we must define what is considered a slip & fall accident. Generally speaking, this is an accident where the individual is injured due to a fall on private or government property. The fall can be caused due to slippery, rough surfaces or other threatening conditions. If you’d like to pursue a slip and fall case, then it's best to talk with a professional personal injury attorney. Compensations: The injuries can be devastating for the human body and when the problem could have been solved by the responsible party, then you should be compensated for your troubles. The compensation that you can receive in cases like this include: Medical Bills Lost Wages Pain Suffering Accident Report:  This is the official document that gives the description of the whole accident. One must always report their accident to the managing staff or the property’s owner. This way, you’re legally protected and eligible for compensation. If you were not able to speak to the managing staff at the moment, then we recommend contacting your personal injury lawyer before taking any other steps. You need to understand that this accident report will form part of the evidence when your case goes to trial. This is why you need a personal injury attorney that can help and influence the police to be as accurate as possible. The owner of the establishment will try his or her level best to keep damaging details out. If you wish to explore more on the topic, view website. Liability:  In these cases, the liability solely rests on the property’s owner, because they must always ensure the safety of all passengers. To win a case like this, you have to prove that the accident could have been avoided if the owner wasn’t negligent with his property. Owners of a property aren’t private individuals only, but also government or commercial institutes. Slip and fall accidents fall under the Premises Liability category. It’s a legal theory, which states that the individual has the reasonable expectation that he won’t be injured upon entering another person’s property. Evidence required to win a slip and fall case: It all depends on the way that the accident has occurred. Some of the most important pieces of evidence that you must have included: Surveillance footage Pictures of injuries Medical record Accident Report Clothing Witnesses Photos of the dangerous conditions This information will allow your attorney to start a solid case, which would result in a financial agreement to cover all losses. What is Comparative Negligence? “This is the factor that determines whether the fault is split between the defendant and the property’s owner” Philadelphia slip & fall lawyers reveal to us. If the defendant has a percentage of fault, then the amount will be reduced from the compensation. In some states, if the court determines that he has over 50% fault, then they are not eligible for any incentives. What actions should I take after a slip & fall accident? Very often these accidents leave the victims with great damage, which often costs a considerable amount of money. When this occurs, there are certain steps you can take to ensure that the other party is held responsible for their negligence and that you recover fully. 1. Define the causation of the accident  It is of great importance to inspect the surrounding area to determine the cause of the accident. The evidence found during the check can be used within the case, showing the negligence of the other party. 2. Seek medical help  Your health is the most important thing, so you need to seek medical attention as early as possible. Moreover, the medical records are serious evidence that will determine the severity of the accident. 3. Follow the legal procedures This includes filing an accident report and notifying the property’s owner of the accident. You must be accurate with the given information and it is suggested to contact your attorney to ensure your legal rights. Read Also: Benefits Of Using Divorce Lawyers 6 Important Questions To Ask A Personal Injury Lawyer How To Choose A Personal Injury Lawyer

READ MOREDetails
Defamation Lawyer NYC

Internet Defamation Lawsuits: 7 Things You Need To Know

Let’s start with getting the idea about what a defamation lawsuit actually is. It is a type of civil lawsuit where the victim sues a defendant for making a false comment or statement on a person to a third party. When it comes to online or internet defamation, the statement is published on an online platform or is posted on any of the social media platforms. In this case, the person can file a defamation lawsuit against the party who had made the defamatory statement with the help of a Defamation Lawyer NYC.  Types Of Defamation Now, as we know what internet defamation is, it is time to check out the different types of defamation. Here is the list of different types of defamation. Defamation Per Se. Defamation Per Quod. Criminal Defamation. Workplace Defamation. Elements To Prove In Defamation Lawsuit Only filing a lawsuit against the party who has posted a defamatory statement about someone specific is not enough to get your claims for the damages the statement has made. Your Defamation Lawyer NYC has to prove it. So, here are the elements of a defamation lawsuit, which need to be taken care of while fighting the lawsuit. False Statement of Fact. Of and Concerning the Plaintiff. Communicated to a Third Party. Fault Amounting to at Least Negligence. The Statement Was Not Privileged. Causing Damage to the Plaintiff’s Reputation. Filing A Defamation Lawsuit Now, as you have developed a basic idea about the internet and usual defamation lawsuits, it is the main part where we will talk about filing a defamation lawsuit. Throughout the entire process, a Defamation Lawyer NYC will guide you. 1. Determine That You Have A Valid Defamation Claim The first and foremost thing you have to consider is determining your claim. Here, that is a defamatory statement made on an online platform about you, which is not true at all. In addition to that, due to that very statement, you have experienced several damages along with immense damage to your public reputation. You also have to ensure that all the elements of a defamation lawsuit are in place. 2. Ensure Where To File It might seem too easy to think of, but in reality, it is more complex. Yes, you will file the lawsuit at a court with proper jurisdiction, but the question is where. For example, you live in New York, but the party who has made the statement lives in Ohio, so where will you file the lawsuit? Here is the list of several things that you should consider during this crucial time to make your decision. Where you reside or operate. Where the defendant resides or operates. If applicable, where your customers reside. Due to the defamation, where you experienced the damages. The amount of money you are claiming to recover the damages. 3. Gather Evidence Gathering evidence is an obvious thing for any type of lawsuit. But in case of internet or online defamation, the post can be removed at any time. So, here is some evidence that will work for you. A screenshot. Printout documents. Backup emails to any other email accounts. Save the entire webpage. 4. Comply With All Defamation Requirements Apart from making sure that all the defamation elements are in the proper place, in some cases, you might also need to take care of some particular pre-suit requirements. In some states, the plaintiff has to give notice to the organization or to the individual who is responsible for this. Your Defamation Lawyer NYC will be able to offer you the right information regarding this. 5. Consider Alternative Dispute Resolution Options Considering an alternative dispute resolution is not at all a bad option. Thankfully for removing the defamatory statement filing a lawsuit is not the only option you have. Simply contacting the responsible authority might often solve the issue. So, ensure that you have tried all the alternative options before using the entity. 6. File Your Legal Complaint Now, as you are done with taking care of all the necessary actions and gathering the pieces of evidence as per the elements of defamation, it is time to file the legal complaint. Always remember that it is not only about winning the case and getting the money. It is also crucial to make your defendant understand why you are suing. 7. Serve The Complaint Now is the time to serve your complaint in court. Here the actual job of your Defamation Lawyer NYC begins. In most cases, the plaintiff pleads to the court to eliminate the claiming amount as they have the right to free speech, and the case ends with a conviction of only removing the defamatory statement. So, you have to play smartly here. Final Talks An Internet defamation lawsuit is not only about someone making a false statement on the internet but also is more about the damages that statement has caused to you. Along with damaging your public reputation, it can affect both your personal and professional life as well.  Read Also:  5 Reasons Why Your Business Needs a Lawyer How Much Does A Trademark Lawsuit Cost? 5 Reasons Why You Should Take A Criminal Lawsuit Seriously

READ MOREDetails
Criminal Defence Lawyer

How To Find The Best Criminal Defence Lawyer In Sydney

Sydney in Australia is a bustling metropolis known for its vibrant culture, stunning landmarks, and thriving legal system. However, navigating the complexities of the legal world, especially in criminal cases, can be overwhelming and daunting. When confronted with criminal allegations, it becomes essential to enlist the assistance of a proficient and seasoned criminal defense attorney. This article will explore how to find the best criminal defence lawyer in Sydney, ensuring you have the right advocate when you need it the most. Key Factors to Consider Several critical factors must be considered when seeking the best criminal defense lawyer. By considering these factors, you can make a well-informed decision and guarantee that your legal representation is characterized by top-tier quality. 1. Experience and Expertise First and foremost, it is crucial to find a criminal defense lawyer with substantial experience and expertise in handling cases similar to yours. Criminal law encompasses a wide range of offenses, from drug charges to white-collar crimes and everything in between. Look for a lawyer specializing in your case's specific area of criminal law. This specialization ensures that your lawyer is well-versed in the nuances of the law relevant to your situation. 2. Reputation and Track Record A lawyer's reputation and track record often indicate their competence and success in the courtroom. Research the lawyer's background, read client reviews, and seek referrals from friends, family, or trusted acquaintances. A lawyer with a solid reputation for achieving favorable outcomes for clients is a strong indicator of their ability to represent you effectively. 3. Communication and Availability Effective communication is paramount in the attorney-client relationship. It is essential to select a lawyer who demonstrates accessibility, responsiveness, and a willingness to provide regular updates on the status of your case. The best lawyers in Sydney are skilled advocates and effective communicators who can guide you through the legal process. 4. Fees and Billing Structure Discuss the lawyer's fees and billing structure upfront to avoid surprises later. While legal services can be costly, it's essential to understand the cost of representation and how billing will work. Some lawyers offer flat fees, while others bill hourly. Be sure to clarify payment expectations to ensure a transparent and mutually beneficial arrangement. 5. Personal Compatibility Your relationship with your criminal defense lawyer should be built on trust and mutual respect. During an initial consultation, assess whether you feel comfortable working with the lawyer. Your attorney should lend a receptive ear to your concerns, comprehensively respond to your inquiries, and offer guidance tuned to your requirements and preferences. 6. Resources and Support Team Successful criminal defense often involves a team effort. In addition to the lawyer's skills, please inquire about the support team they have in place. Paralegals, investigators, and administrative staff can all play crucial roles in building a solid defense for your case. Conclusion Navigating the criminal defense lawyer in Sydney can be complex and challenging, but having the right lawyer by your side can make all the difference. By taking into account elements such as the lawyer's experience, their standing in the legal community, their ability to communicate effectively, their fee structure, the compatibility of your working relationship, and the strength of their support team, you can identify the attorney who will passionately champion your rights and deliver the legal representation you are entitled to receive. Remember that each case is unique, and finding the right lawyer tailored to your needs is paramount. With thorough research and careful consideration of all the factors, you can take the first step toward securing the best possible legal defense in Sydney. Read Also: 3 Personality Traits of a Successful and High-Ranking Criminal Lawyer 5 Reasons Why You Should Take A Criminal Lawsuit Seriously 7 Ways Criminal Defense Lawyer Can Help You

READ MOREDetails