How Big Is The Problem Of Medical Malpractice In Miami?

by

Legal

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:

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

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 *

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

Career Development Plan

Career Development Plan: What Is It And How To Create One?

23 Oct 2024

voice search optimization

Why You Need to Include Voice Search Optimization in Your Marketing Strategy

18 Oct 2024

tenants

Finding the Perfect Fit: A Landlord’s Guide to Selecting Suitable Tenant

09 Oct 2024

Senior Living Communities

How Senior Living Communities Provide a Safe Haven for Seniors

08 Oct 2024

Related

Probate Lawyer
Legal

What Does A Probate Lawyer Do?

Estate and assets are essential aspects of our life. We live in this world, and we need a place to stay, and that is also with our own identity. The shelter is the fundamental thing that everyone craves for an estate and works hard to acquire.  When we talk about an estate, we talk about generations. Estate acquired once will stay for generations, and that is the process of staying and working and developing a family. Estate is an interesting topic to discuss as it can not be decreased. A person can be deceased, but his or her estate remains intact for the next generation.  This article is based on estate concerns, and that is called ‘probate’ in terms of the law. Most people keep their will for their estates so the next generation can consider pieces of the particular estate and are called beneficiaries.  It becomes hard for the beneficiaries to acquire an estate of assets if the will was not created by the decedent. Here comes the problem related to estate, and there is also a solution for that. Only the Las Vegas Probate Lawyers can help you to mitigate any kind of estate problems.  What Is Probate?  It does not matter if the will was made or not, but the law is always there for you, and the Las Vegas Probate Lawyers are there to give you the justice that you deserve.  This section is very important for you to understand as probate is a related term of law that considers estate problems. When the will is certified under the seal of the court and the jurisdiction allows the administration of the testator, their probate comes.  Probate can work in various ways. Probate becomes very crucial for the immovable assets between states. Probate is not for all but only for the executor who is granted under the will.  How Does Probate Work? The probate process is very lengthy and confusing for the common people, and it can take upto many years depending on the complexity of an estate.  It does not matter if the decedent presented a will or not, but it would definitely help the court and the beneficiary to move the case forward quickly with the presence of a will in advance. No matter what the situation is, the court will appoint a family member of the decedent to find out the assets and collect those. Court rules need to be followed by the representative, and depending on the conditions, the creditor's claims can be fulfilled or rejected. After the discovery of the assets, the court will ask the family representative to show proper accounting, and according to that, the estate will be distributed to the beneficiaries. What Does A Probate Lawyer Do? In probate, Las Vegas Probate Lawyers have many things to do and an important role to play for you. It doesn't matter who you are, the creditor or the beneficiary or executor; different legal matters can be discussed with you.  The Las Vegas Probate Lawyers know the estate laws more than anyone else, and they have so many things to consider at once for you. During a probate cycle, a probate lawyer follows various steps- Secure the assets by identifying them.Pay bills and mitigate debts.Handle the whole process of paperwork. Resolves all kinds of tax issues. Understand the financial records and bring down the approval of the court to distribute the assets and estate to the beneficiaries.  Is It Necessary To Have A Probate Lawyer?   There are several things to consider when you go for probate, and that will not be possible without the involvement of a professional lawyer. Thus it's better to follow the instructions of the court than to lose your part in the estate by the law.  Law is not biased, but if you do not know the procedures, then there are so many manipulations available to dismiss your credit on the case. Hire An Attorney Filing the details and managing the whole paperwork is not your task, and you are not expert enough to do that. Moreover, probate is already a lengthy process, and you should hire an attorney to make it as quickly as possible.  This is not the time to think, but to hire one and a professional attorney will be your main assistance in such a case. Read Also: Picking the Right Law Firm for You and Your Family5 Easy Estate Planning Tips to Help You Plan for the FutureWhy Should You Hire An Estate Planning Lawyer In Las Vegas?

READ MOREDetails
accident
Legal

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
Personal Injury Laws
Legal

Personal Injury Laws And Statutory Rules In Utah

Have you had an accident? Are you injured badly? Did the accident make you lose your wages? And, are all these the result of someone else’s fault? If Yes, you can file a personal injury claim and ask the at-fault party to compensate the damages. For different states, the personal injury law and case filling vary. It means you need to know the rules and regulations of the particular state you are living in. In case you are in Utah, you will have the usual understanding of the basic personal injury rules and regulations in Utah. Here in this article, we will offer you the necessary information about Utah personal injury rules. So, let’s get started now.   Filing Utah Personal Injury Lawsuit: Deadline Just like all the other states, when it comes to filing the claim or case in court after any kind of injury or accident, you have a particular limit of time. This specific rule of filing the claim within the time period is known as the statute of limitations. As per the statute of limitations, you will have 4 years of time for bringing a personal injury case to court. In case you fail to file your personal injury case within these 4 years, the time period from the day of the injury or accident, the Utah court might refuse to hear your case at all. It is extremely crucial that you keep track of the statute of limitations. At any cost, you have to ensure that you are filing your Utah personal injury case in court within the particular time period. To know more detailed information on personal injury claims in Utah and the Utah personal injury Statute of Limitations, you can contact Swenson & Shelley; they will guide you with all legalities. Shared Fault In Utah Injury Cases After filing your personal injury lawsuit or insurance claim in Utah, you get to know that the entity or person against whom you are filing your case also insists that you are partly at fault for your injuries. In case you find out that you are sharing some of the liability for your particular injury, the comparative fault rule of Utah might reduce the number of damages which you might recover from the other party that is at fault. And, in case you are found to be 50% at fault or more than that, you might be restricted from getting any type of damages at all. Let’s understand this concept with a simple example. Suppose you met with an accident at the grocery store due to a broken tile. You didn’t see the broken tile and tripped because you were busy scrolling through your Facebook feed. Now, when your personal injury case was represented in court, you were found to be 20% at fault for the particular accident, and the rest of 80% at fault is applicable to the grocery store.  Now, after calculating the damages, you will not get compensation for the complete damage, or just a part of it, because you were also at fault for that accident. As per Utah’s comparative fault, you will not get compensation for the percentage of your damages that is equal to your at-fault percentage. So, in case your total damage is $20,000, you will get $16,000 because you were 20% at fault and the other party is 80% at fault for your injury. Now, in case you are found 50% or more at fault, your compensation will automatically get reduced to “0.” Whenever an injured person is found that be or is sharing fault in a court-based injury case, the comparative fault rule is applicable as per Utah State law. Caps On Injury Damages In Utah Like a lot of other states, Utah also caps or limits some particular types of damages in personal injury cases. This is so true specifically for non-economic or pain and suffering in medical malpractice cases. You will find all the details regarding this on the Utah Courts website. There you will also get the process of determining the cap for different cases. Here, you also have to keep in mind that the cap does not at all apply to all types of injury cases. It is applicable only to those coming from any kind of medical malpractice. The Utah Government Involved Injury Cases Now, come to the Utah government-involved cases. If your injury is the result of any government agency or employee’s negligence, a whole different set of rules and regulations will be applied to your personal injury claim. In this case, you will get only 1 year to file your personal injury claim or case that involves the Utah state government. So, you have 1 year time to file your personal injury case that involves the Utah state government, and in case your initial claim is denied, you will also have 1 year to file an appeal. This one year is calculated from the date of injury or the accident. A number of injury claims where the Utah government is involved are governed by the Utah Governmental Immunity Act. Utah Is A No-Fault Car Insurance State Now let’s talk about the car accident cases. In Utah, a no-fault system is followed. It means that after any car accident injury or damage, the insurance company of the injured person will offer coverage for all medical expenses along with lost income. Here, it doesn’t simply matter which party is actually at fault. The injured person’s own insurance company is bound to pay for the damages. Unless your case meets a “serious injury” threshold, you can not hold the other driver liable for your injury after a car accident. Therefore, most minor accidents fall under the no-fault rules. However, if you can demonstrate that your accident case involves “serious injuries,” you might be able to come outside of the no-fault system and also can file a liability claim against the at-fault driver. To Conclude Now, you get a basic understanding of Utah personal injury rules and regulations. We know it is a lot to keep in mind. Also, when you are already suffering from injury, it becomes tough to keep track of everything and file a claim. Here, a personal injury lawyer will be able to help you. Additionals: What Personal Injury Law in California Involves Top 10 Colorado Springs Personal Injury Attorneys Hagen Rosskopf Explain What to Look for in a Personal Injury Attorney Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

READ MOREDetails