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

Bankruptcy Laws

What Is Chapter 7 On Bankruptcy Laws: A Beginner’s Guide

If you are in the business industry, Bankruptcy is one of the most common terms used. It is a legal process to give your financial life a fresh start, either by discarding or making arrangements to pay your debts. In most cases, Bankruptcy also plays an influential role for the companies to end the business and liquidate the company’s assets in an orderly way. A bankruptcy case is filed when a company is no longer able to handle the financial flow of the business and is on the brink of closing its doors. Bankruptcy offers a way out in such scenarios. Yes, Bankruptcy stays on your credit report and makes it hard for you to apply for a loan, but sometimes it is best to apply for Bankruptcy. Let’s understand it in a much better way. What Is Bankruptcy? When a situation arises where an individual or a company feels like they can no longer pay up their debt, they choose to file Bankruptcy. Although there are different types of Bankruptcy, you can go with anyone that best complements your current situation. Despite being several types, the only goal of Bankruptcy is to discharge you from debts and give a fresh financial start. When a bankruptcy is filed, a Discharge order is issued. It is an order from the Bankruptcy court that permanently prohibits any debt collectors and creditors from coming to your doorsteps. Here are the types of Bankruptcy: Chapter 7. Chapter 9. Chapter 11. Chapter 12. Chapter 13. Chapter 15. Yes, we do have this many bankruptcy laws to offer full support. Among them all, the most filed Bankruptcy is Chapter 7. What Is Chapter 7 Bankruptcy? Chapter 7 Bankruptcy is by far the most common filed Bankruptcy for individuals. It calls for the sale of the debtor's nonexempt property to pay out the debt he/she has incurred. Chapter 7 bankruptcy is well suited for the dividual who do not have a fixed income source. When a chapter 7 bankruptcy is filed, the bankruptcy court appoints a trustee to oversee the case. The main responsibility of the trustee would be to see whether the sales process is going as planned and creditors getting paid their money. However, the selling process of the debtor’s assets has some restrictions. The trustee cannot take all of your assets. They can only sell the assets with a nonexempt tag. This ensures that you are not stripped of everything you need to live. Some common exemptions are as follows. House. Auto vehicle. Certain retirement accounts. Property that can be considered assets and not necessary for living. To know more about the whole bankruptcy thing, more especially about chapter 7, contact Chapter 7 Bankruptcy in GA. How To Prepare For Chapter 7 Bankruptcy? When preparing for chapter 7 Bankruptcy, gather all your financial records that include all your loan details, credit card statements, bank statements, and paystubs. You will need all the documents to complete your chapter 7 bankruptcy documents. Chapter 7 bankruptcy comes with a voluntary petition to the court, scheduling all your assets, and declaration regarding the debtor’s education. Credit Counselling Before the chapter 7 case can be filled, every debtor must participate in a session with an approved credit counselor. This session can either be attended in person, via telephone or online. Understanding The Means Test Debtors are needed to pass the Mean Test. It is also a necessary document that is required at the time of the chapter 7 filing. This test calculates the potential of whether you can pay the mean. The Mean Test compares your household income and the mean income of the state to know the current standing of your financial footings. The Meeting To The Creditors After Chapter 7 is filled, the court will issue a notice of “meeting of creditors”. As the name suggests, it is a meeting for the creditors to question the Bankruptcy and clear any doubts. Conclusion There you have it; now you know what Chapter 7 bankruptcy is all about. We have tried our best to keep every information possible in the most concise way. We hope that you get the answer you were looking for. If you want to know more about Bankruptcy, do let us know, we will be there with a suitable answer. Read Also: What are the types of debt that can be discharged in bankruptcy? UAE Insurance Authority Sets New Regulations for Insurance Broking

READ MOREDetails
Personal Injury Lawyer

When Do You Need A Personal Injury Lawyer: A Guide For Accident Victims

Accidents are unexpected and traumatic events that can have far-reaching consequences for those involved.   But if you are involved in a serious accident and it has left you with severe injuries, you might wonder if it would be worth hiring an attorney.   Thus, you would need an injury lawyer in every situation, but there are a few exceptional cases where you might suffer a severe injury. Hence, it might be best to seek legal advice from an experienced personal injury lawyer.   To mitigate your situation, you can contact an injury lawyer in Grand Rapids, as they will be able to give you the best advice.   In this article, you will discover when and where you would need a personal injury lawyer.   When Do You Need A Personal Injury Lawyer?  Many accident victims hire lawyers to assist them and navigate the steps of filing their claims. However, you might need to decide when to hire a lawyer after having an accident or whether you need legal assistance.   Hence, you do not have to meet specific criteria to hire an injury attorney after an accident. Thus, here is a list of situations when you need to hire a personal injury lawyer.   1. When You Have Significant Injuries   In recent days, the number of car accidents has increased to a significant level. The reports published by the WHO claim that the number of annual road traffic deaths has risen to 1.19 million.  If you have experienced a serious injury from a car accident, then you are likely to face hefty medical bills. Thus, you would need an attorney to mitigate this situation.   Hence, the personal injury lawyer will help you fill out the proper forms in order to receive your medical bills covered.   Similarly, auto accidents that produce injuries can warrant legal action against the defendants for compensation. Having legal assistance from the beginning can help you anticipate the best way to proceed after your serious car accident.   2. Your Accident Includes Different Parties   When an accident involves different parties, it becomes complex. Some countries follow a contributory negligence policy that permits insurance companies to assign a percentage of faults to all parties in an accident.   As a result, you need to hire a personal injury attorney to make sure you understand which insurance company to file your claims.   Therefore, car accident attorneys have extensive experience navigating various car accident cases.   Hence, hire an attorney to help you understand the procedure for filing an insurance claim. Moreover, they will communicate on your behalf with the insurance adjuster and all parties involved.   3. No Cooperation From Insurance Company   When you file for a claim with the at-fault party insurance company, you should be provided with payments to cover the accident expense without any issue.   Thus, the insurance company is in the business of incurring money. Moreover, they need to offer more payouts or even deny the claim outright to save money.   However, if the insurance company is not cooperating, you might need an attorney to negotiate for a higher offer and a wrongful claim denial.   4. Planning To Take Legal Actions  If you plan to take legal action against the at-fault driver or their insurance company, you need a personal injury lawyer.  Thus, if the insurance company completely cooperates with your claim, then at-fault driver’s insurance coverage might not be enough to cover your expenses.  On the other hand, you might want to pursue non-economic damages, for instance:  Emotional distress.  Pain and suffering.  Loss of enjoyment of life.  Thus, with the help of a lawsuit, you can seek compensation beyond what you might qualify for through an insurance claim.   Furthermore, you need a professional car accident attorney to guide you through the legal process, present you at the court, and help you gather the right evidence.   5. Difficulty In Compensation Claims   If you have difficulty receiving your claims, a personal injury attorney will help you obtain them.   However, you might feel stressed, traumatized, and overwhelmed when you file your claims or even talk about your accident. Thus, the professional will help you mitigate the situation and maximize your compensation. The attorney will determine for which you are entitled to make claims.   This will make sure that you are not taking advantage of the person held responsible. In return, you are offered a fair amount for your loss and suffering.   Hence, an attorney can take this burden off your shoulders, thereby assisting you move forward.   6. Difficulty In Carrying Out Details   Evidence plays a huge part in personal injury cases. Thus, when you face an injury, you must prove negligence and the duty of care.   However, personal injury lawyers are aware of this and will help you take your time to work with the evidence.    Moreover, in other cases, you can hire a lawyer to work with an accident reconstruction professional to help you establish a strong case.   Therefore, as a part of the investigation process, the lawyer will help you meet the eyewitness, gather surveillance camera feeds, and make sure the desired outcomes are met.   List Of Cases Personal Injury Lawyer Handle Personal injury lawyer deals with a variety of cases. Here is a list of some of the most frequent cases we deal with:  During a motor vehicle accident. It can involve a car, boat, motorcycle, and other vehicle.   During a wrongful death. It might be a traumatic situation, but a lawyer will help you receive compensation for many things.   Slip and fall accident.   Birth injuries. This situation can be traumatic for the families, and if it is due to a negligent mistake, then the family is entitled to compensation.   During a dog or animal bite. This accident can be more serious than a person might expect.   Hire A Personal Injury Attorney Today   Thus, we suggest you get an attorney as soon as possible after an accident to ensure that your claim is as strong as possible.   This is because the greater the evidence against the negligent party, the greater the chance of receiving a settlement.   So, appoint a lawyer quickly, as they can help you gather the evidence before it gets lost. Similarly, the lawyer will help you set settlements with an insurance company.   Read Also: Choosing The Right Personal Injury Attorneys For Your Case What To Look For In A Qualified Personal Injury Attorney What Is Considered A Personal Injury?

READ MOREDetails
best lawyer

Tips To Choose The Best Lawyer In Your Country

Choosing the best lawyer can be overwhelming for someone who has never done it before. It is very important to hire a good lawyer, whether you are dealing with personal injury cases in your workplace or tax issues. Looking for a lawyer who you think would be the best fit for your case may be a bit overwhelming, especially if all of this is new to you. Do you need medical malpractice lawyers or those who specialize in estate planning? Knowing exactly what kind of lawyer you need would save you a lot of time, effort, and resources. You need an experienced lawyer who can eliminate all your stress by giving some valuable tips and strategies to overcome the crisis.  Moreover, there are various qualities that you need to consider before hiring a good lawyer, and this includes the experience of a lawyer, reputation, fees, referrals, and much more. Hiring an individual who is not worth the time and money can come back to haunt you. Thus, hiring a good lawyer is not as easy as it seems to be.  You need to research properly before hiring any lawyer to represent your case. The reputation of a lawyer matters a lot because if he/she does not have a good reputation, it can affect your case. Tips To Choose The Best Lawyer In Your Country The importance of hiring a good lawyer is already described above. Besides, choose a lawyer who has many referrals because you are going to give your entire case to the lawyer, and you cannot afford to make any mistake.  Therefore, here are the major tips for choosing the best lawyer in your country. 1. Ask About Fees Hiring an attorney who has years of experience can be very expensive for you if your budget to hire a lawyer is low. However, you must plan your budget first to determine how much money you are going to spend on a lawyer.  In the first meeting with a lawyer, ask about the fees, and clear all your doubts regarding the same if you have any. The fees of every lawyer vary, and everyone cannot afford the same lawyer to represent the case. 2. Look For Excellent Communication Skills Just finding a knowledgeable lawyer is not enough for your case. The lawyer must possess outstanding responsiveness and communication skills.  Before handling your case to the lawyer, observe his/her communication skills, and ask the lawyer how he/she is going to handle your case, and also the strategies that should be used to win the case.  3. Experience  Experienced lawyers are far better than those who are new in this field. It is because an experienced attorney knows better how to deal with every kind of situation and what should be the next step.  If you want to win the case at any cost, then seek a professional with extensive knowledge and experience in the field of law. However, the experienced lawyer can be expensive, but it is worth spending if the case is in a horrible state.  4. Make Sure They Have Strong Online Reviews Reviews of a particular lawyer also matter to some extent. If you a lawyer has good reviews and many positive reviews, you can proceed further and vice versa. On the other hand, if you want to find a good lawyer, you can visit the profiles of lawyers on all social media platforms. A good lawyer has a strong profile with good reviews and connections. The Bottom Line It is important to hire the right lawyer for the case. For example, if you are dealing with a criminal issue, then you have to hire a criminal defense attorney. This is an important consideration that you have to take before hiring a good lawyer. You can also research and read more about the lawyers before taking any steps to hire the best lawyer in your country. Thus, read the above instructions carefully, and if you have any doubts, you can mention them in the comment section below.  Read also: 3 Reasons Why You Might Need a Family Lawyer Reasons For Hiring a Long Island Personal Injury Attorney  

READ MOREDetails