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:

Accident Lawyers In The United States

PREVIOUS POST

How To Choose The Best Construction Accident Lawyers In The United States?
Get A Settlement From A Car Accident Without A Lawyer

NEXT POST

Is It Possible To Get A Settlement From A Car Accident Without A Lawyer?

Tags

author-img

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 *

Popular

Creating A Startup Idea

Technologies For Creating A Startup Idea

20 Feb 2023

How to Download Facebook Videos

How to Download Facebook Videos on Android?

07 Feb 2019

Ecommerce Web Design

7 Rules of Effective Ecommerce Web Design

28 Jan 2021

wordpress-1863504_960_720 edited

The 10 WordPress Plugins Every Sucessful Blogger Uses

28 Jan 2017

Follow Us

Recent

Car Hoists

Choose Quality Car Hoists From The Premium Car Tools Suppliers

26 Apr 2024

highest paying blue collar jobs

51 Blue Collar Jobs/Career Options To Pursue If You Get Laid Off From Big Tech In 2024

26 Apr 2024

AI Copywriting For Small Businesses

How To Use AI Copywriting For Small Businesses

24 Apr 2024

plumber moreno valley

Moreno Valley Plumbing Pros: Your Reliable Plumbing Experts

23 Apr 2024

Related

Discrimination In The Workplace
Legal

What To Do About Discrimination In The Workplace: First Steps To Take

Workplace disputes and challenges can be stressful. Daunting, even, when things take a more serious turn. When injustices transpire, it becomes more difficult to work without constantly fearing said injustices. Facing discrimination in workplace should not deter you from standing up for your rights as an employee. Instead, here are the primary steps to take when they do. Steps To Take Against Workplace Discrimination- 1. Talk To A Lawyer: Regardless of what kind of discrimination you face at work, the distressing fact is that the courts have strict rules for what qualifies under “work discrimination”. And you will need an expert who is knowledgeable about this segment of the law for you to be able to push your claim forward. Hiring a lawyer does not instantaneously mean you are to brace yourself for matters to be brought to the courts. Doing so is a kind of a “safeguard”. How? A lawyer can help you recount what had been done against you and inform you about what qualifies under work-discrimination, and what you can legally do about it. That, and in an objective manner. 2. List Down The Offensive Actions Committed Against You: We understand that recounting such actions can be painful, or traumatizing for others. Yet this is a crucial step that requires your attention--- listing down every offense your perpetrators have carried out. Called a journal for tracking discriminatory behavior, be as detailed as possible with your entries. Be sure to include the date, location, and time each one took place. Alongside these, the perpetrator/s, witnesses (if there were), and other relevant information. 3. Report The Incident: Your claim may be turned down if it becomes apparent that you have never reported the occurence/s. As such, the company should be told of these workplace events because they are required by law to act upon them. If they are not given the opportunity to do so (due to the lack of familiarity regarding this motion), this could be held against you. Report the incident to your superiors and have Human Resources, or any relevant department, get these in writing and on record. 4. Understand The Incident: Aside from speaking with your attorney about it, talk to your manager/s. Although quite in the minority, there are cases wherein acts were not deliberately made. Nevertheless, your superiors need to know of these in order to talk to the perpetrators and reiterate (or draft) company rules about work-discrimination. It’s also an approach to seeking help with respect to officially reporting the incident. Add to this standing under the umbrella of protection of the company’s employees who are situated in ranks of authority therein. 5. Be Prepared For Counterattacks And/Or Retaliation: Even with legal advisers at your side, be ready for retaliation from your perpetrators. Whether through actions, threatening words, work-related retribution (i.e. disapproval of a raise, vacation leaves, etc.), be ready for them. But do not fret because with a work-discrimination lawyer aiding you every step of the way. The law can be used as your foundation and shield against those who premeditatedly intend for your harm within the walls of your workplace. Read Also: 5 Safety Awareness Ideas to Maintain a Safe Workplace 5 Ways You Could Have Been Sexually Harassed in the Workplace How to Improve Workplace Security

READ MOREDetails
Landlord-Tenant Laws
Legal

How Did COVID Change Landlord-Tenant Laws

The COVID-19 pandemic did a number on every industry across the globe. Even the real estate sector, well known for its relative stability, was not immune to its effects. In some instances, the battle was between lives and livelihood as many tenants lost their jobs. And with it, the ability to pay their bills, including their rent. These unfortunate circumstances necessitated changes to the usual landlord-tenant laws practically overnight. Due to these changes, landlords have had to suspend their home renovation plans to fully grasp these new laws and avoid legal suits. Read on for an overview of how exactly COVID changed landlord-tenant rules. Rent suspension One of the most impactful changes to the landlord-tenant laws is rent suspensions. In the heat of the pandemic, the government was forced to suspend rent collection in specific locations and for particular demographics, as the lockdown dealt many citizens a heavy financial blow. Of course, this decision pushed most of the weight onto the landlords who could not rely on getting their regular passive income. But in August 2020, the external control of rent was partially lifted, allowing landlords to charge full rent and increase it. However, this comes with the condition that COVID-19 has not heavily impacted your tenants. So, for the most part, limits on rent increases are still in place. Rent arrears Rent arrears refers to the unpaid rent a tenant owes their landlord. Under normal circumstances, property owners reserve the right to evict an occupant who doesn't comply with their payments, but such laws were suspended amid the pandemic. Policies such as the COVID-19 Tenant Relief Act of 2020 were set up to protect tenants from losing their homes. Following the signing of that Act in February 2021, it became illegal for landlords in California to evict renters with longer than 12 months' tenancy. So rather than issue eviction requests, landlords owed rent, or the tenants themselves need to seek relocation assistance payments from relief bodies. Dispute resolutions The sudden changes to landlord-tenant laws in the wake of the coronavirus make disputes inevitable. Despite the effort of government policies to protect both parties, there are still a lot of grey areas that leave room for conflict and require mediation. However, to curb the spread of COVID-19, the suspension of the routine procedure has left people confused about where to bear their grievances. If you're a landlord having trouble with your tenant, you may appeal at court where an adjudicator will deliberate over your case and try to help you reach an amicable decision. If the mediator cannot help you get a consensus, you may take up the case to a hearing by a 3-person Tenancy Tribunal. Many of these adjudications and hearings take place over the phone or virtually, so you may not have to leave the safety of your house. Protection for landlords It's clear to anyone that real estate policies often defer to the side of the tenant. But that doesn't mean the law has left all landlords in the cold. After all, COVID-19 marked everyone, so there are laws to protect landlords from going bankrupt. Despite the policies pushing rent suspensions and eviction bans, the landlord can take steps to refute their tenant's protection under these laws based on certain conditions. You'll have to go through the trouble of filing an eviction notice, which will receive approval if: The tenant still owes rent as of August 2021 The tenant violated their landlord-tenant agreement. The tenant did not seek relief assistance after you issued a rent arrears warning notice. The withholding of rent would cause the landlord undue financial hardship How do Landlords protect themselves? Familiarize yourself with the current laws As a landlord, the best way to protect yourself from a lawsuit or other legal pitfalls is to familiarize yourself with the current landlord-tenant laws. Of course, keeping up with both national and state laws can be a challenging task. The effort could save you more trouble in the future. Alternatively, to err on the side of caution, you should contact an expert before taking any legal steps. Seek external aid for your tenants Most investors are in real estate for the money. Still, it's essential to remember to be kind. Everyone is having a tough time because of COVID, and it's more likely your tenant genuinely can't meet up with the rent because of financial constraints rather than harboring their money out of malice. Extend a fig leaf by offering a more flexible payment scheme or helping them look for rent relief programs that can assist. Seek external aid for yourself Alternatively, you can also look out for your interests by seeking external aid for homeowners. Banks and other lending institutions are also offering handouts during this trying period in the way of waiving late fees or offering refinancing options for your mortgage. There are also a few tax breaks and deductions applicable to landlords to make up for the rent freezes and eviction moratoriums. Keep your records Since the Centers for Disease Control and Prevention (CDC) issue to stop evictions expired in August 2021, there have been evictions in large numbers in many states. Despite this trend, policies and legal aids to protect tenants are still in place. So if you're bent on removing an occupant from your property, ensure you have all written records of your correspondence with the tenant. These documents serve as proof you did your due diligence and may absolve you from a potential suit. Conclusion If you're a landlord finding it hard to keep up with the recent changes to landlord-tenant laws, you're not alone. Still, rather than remaining aloof, you could contact a professional who understands the rental market more than you do. Hiring an experienced property manager could be an excellent investment, as they can steer you away from hefty fines and lawsuits. They can also help maximize your rental property's income as you weather through the effects of COVID. Read Also: 10 Rights You Have as a Tenant That Your Landlord Won’t Tell You About How to Protect Your Property as a First Time Landlord? 5 Unexpected Expenses of First-Time Renters

READ MOREDetails
Vision Loss Injuries
Legal

4 Of The Most Common Vision Loss Injuries That Lawyers Handle

Vision loss is a painful and traumatic experience that can have long-term physical, mental, and emotional impacts that many people do not anticipate. The nature of these consequences typically requires the attentiveness of a specialized lawyer to ensure both legal protections and proper compensation claims are adequately filed if you or someone you know suffers from vision loss due to an accident or injury. In this blog post, we will look at some of the most common types of vision loss injuries lawyers handle so that those impacted can understand their rights in such cases. 1- Burns Burns is a prevalent form of vision loss injuries, so lawyers are often involved in helping their clients get the compensation they need to cover medical expenses and any other costs associated with the injury. The severity of burns and their potential to cause vision problems to vary significantly. Not only can a burn cause reduced or wholly lost vision, but permanent disfigurement or scarring may also result, depending upon the degree of trauma. Hence, consulting with a lawyer experienced in this area is essential to ensure you receive the total compensation possible. Legal representation will ensure that your rights as an injured patient are fully protected and help you navigate the many complex rules, regulations, and insurance issues related to burning victims who have had their vision affected. 2- Physical Trauma Traumatic vision loss, or damage to the eyes caused by physical trauma, is surprisingly one of the most frequent cases that lawyers handle. This could include a sports accident, a motor vehicle crash, a slip and fall incident, and many other situations where physical harm was incurred to the eyes. Inadequately protected or low-quality eye gear such as glasses and safety goggles can also be factored in traumatic vision loss cases. A personal injury lawyer can help victims affected by physical trauma seek justice for their vision loss, whether temporary or permanent. 3- Corneal Abrasion Corneal abrasion is one of the most common vision loss injuries a lawyer can face. This is because it generally occurs due to simple everyday activities, such as rubbing your eyes or wearing contact lenses that are not correctly fitted. It may also be caused by trauma, like a foreign object in the eye, or extended time staring at a computer screen without enough breaks to refresh the look. Every year, corneal abrasions cause thousands of people to suffer from astigmatism and blurry vision, which can lead to disability benefits. With proper legal assistance, those affected by corneal abrasions can bring their cases against insurance companies and get the compensation they need for any medical care related to the injury. Whether you’re experiencing symptoms yourself or know someone afflicted with this shared vision loss injury, consulting an experienced lawyer could make all the difference in obtaining justice and reprieve from the physical stress caused by corneal abrasion. 4- Eye Bleeding Regarding vision loss injuries, eye bleeding is one of the most prevalent cases handled by lawyers in this field. Eye bleeding occurs when the fragile blood vessels in and around your eyes are damaged or broken, preventing them from functioning correctly. This consequently results in fluid build-up and scarring of the eye tissue, which can cause permanent vision impairment. Since it is often difficult to detect without an expert's assistance, many people only seek medical help once their injury has progressed or permanent damage has been done. However, seeking legal representation early on can help protect your rights and interests, ensuring you receive fair compensation for all losses or damages incurred due to this injury. 4 of the Most Common Vision Loss Injuries That Lawyers Handle - In Summary Lawyers can help people injured by vision loss in numerous ways. Attorneys will work with the evidence provided to build a case and obtain the best outcome for their clients. Law firms specializing in vision loss injury cases are specially equipped to handle clients with special needs and provide them invaluable assistance in recovering the necessary damages they deserve. People understand these essential facts about how a lawyer can help if they get vision loss injuries to increase their chances of walking away with compensation or settlements needed to provide for physical and emotional therapy for rehabilitation and improved quality of life down the road. Additional: Things about a Personal Injury Lawyer 5 Things To Look For In A Personal Injury Lawyer Few Reasons Why You Deserve To Hire A Personal Injury Lawyer What Are The Effective Ways To Communicate With A Personal Injury Lawyer

READ MOREDetails