Miami Medical Malpractice Attorney

80 Years of Combined Experience and Results in Medical Malpractice Cases

If there’s one area of law where it’s absolutely critical that you have elite representation, that area is medical malpractice. 

When medical system failures occur, whether they involve misdiagnosis, failure to treat, failure to test, failure to monitor, or lack of informed consent, among other major medical failures, the results can be devastating and even fatal. Misdiagnosis can lead to a lifetime of physical and emotional hardship.

What is the physical, emotional, and monetary cost of a misread X-ray or an emergency room error? What is the damage when prescriptions, medication, and other treatment errors occur, or medical negligence causes a patient to die?

Because lives are at stake, negligent doctors, hospitals and staff must be held to the highest standards and must be held accountable. It’s their job to protect us all; it’s what they’re paid to do. Many of them do this everyday with excellence. Unfortunately, some do not. 

As a victim, you have the legal right for just and fair compensation and the power to hold those who have caused harm accountable.

Our medical malpratice lawyers are based in Florda but we handle cases throughout the United States. Initial consultations are always free; call us today at 855-906-0334 or use our online contact form. 

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What are some common elements of a medical malpractice claim?

Four elements must be present for a valid medical malpractice claim to exist:

1. There was a “Doctor/Hospital-Patient Relationship” with a healthcare provider - simply put, this usually means that a doctor or medical professional agreed to treat you and that you agreed to be treated.
    
2. The doctor or medical professional was negligent, failing to adhere to the “standard of care”.
    
3. The negligence caused an injury. In legal terms, the medical malpractice must be the “proximate cause” of the injury.
    
4. The injury (as a result of the negligence) caused losses, or “damages”. These damages can be financial, physical and/or emotional. 

What kind of “damages” can the plaintiff recover in medical malpractice cases?

• Compensatory damages may include economic damages, including lost earning capacity, life care expenses, and medical expenses. Usually, past and future losses are considered.
   
  • Compensatory damages may also include non-economic damages, which assesses the injury itself, psychological and physical harm, such as losing one’s vision or legs, extreme pain, and emotional distress.
     
• Punitive damages are only awarded if the defendant is found guilty of malicious or willful misconduct. Punitive damage is a form of punishment. It is compensation in addition to actual damages.

No Case is too Complex

Medical malpractice is a highly specialized and complex area of law. There are laws in place intended to protect doctors, hospitals and other healthcare providers, and laws that must be carefully adhered to when filing a medical malpractice lawsuit. Additionally, in certain states (Florida being one of them) all medical malpractice cases must be pre-vetted by an “expert”, usually in the form of a highly-experienced and reputable doctor or nurse. As a case proceeds, multiple, highly-specialized medical experts will likely need to get involved. It’s important to partner with a firm that not only has the capital to invest in these experts, but also has existing relationships and experience in this field. 

Another area to consider when searching for a medical malpractice attorney is the size of the firm and the number of cases they handle in a given year. Bigger does not mean better, and more times than not, bigger can end up meaning worse. A firm with too many lawyers, numerous offices and dozens of cases will almost always underperform compared to a smaller, more specialized firm. RWB is meticulous in the cases that we handle, and this allows us to devote the time, energy and capital necessary to successfully prosecute and pursue the cases we take on. 

Learn more about our firm and our specialized approach here. 

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