If you or a loved one have been a victim of a healthcare provider’s negligence, you may need the services of a Miami medical malpractice lawyer. Understanding how medical malpractice works and how to choose a good malpractice attorney in Miami is a good first start. Bonner Law, led by Michael P. Bonner, has over thirty years of experience to bring to your case. It all starts with a free consultation.
You can count on Bonner Law to represent you as you seek damages as a result of the medical negligence of your doctor, nurse or medical professional. Get started by learning more about what constitutes medical malpractice and what damages are typically awarded. Your malpractice lawyer will listen to the details of your experience and help you gain understanding as to what you are entitled to under the law.
Getting Started With Your Miami Medical Malpractice Lawyer
The first meeting with your malpractice attorney at Bonner Law is free and the optimal chance for you to learn more about how the team at Bonner can help you move forward.Contact Bonner Law
what you need to know
How Long Do You Have to File A Medical Malpractice Claim
In most cases, there is a limit to the time that you have to file a medical malpractice. Your Miami medical malpractice attorney will help you determine if your case still falls within the Florida statute of limitations.
Florida Statute 95.11(4)(b) states that a person must file a medical malpractice lawsuit within two years of the date the harm from the malpractice was discovered, or could reasonably have been discovered. A few exceptions to this rule exist and your medical malpractice lawyer can help you determine if your case falls within the time frame.
|Some of the exceptions to the two year statute of limitations include:
How To Prepare for Filing A Case
Your lawyer will guide you on how to prepare for filing your medical malpractice case, but there are a few general guidelines to help you prepare in advance, such as:
Having this type of information gathered in advance will help streamline the process
during your initial meeting with your malpractice lawyer.
Bonner Law, a leading medical malpractice firm located in Miami, is well-versed in guiding victims of medical malpractice as to what information will be relevant and how to obtain it.
Determining If Your Case Should Go To Trial
Many variables contribute to whether your medical malpractice case will go to court or not. Your lawyer will be by your side to help discern what the best steps are, but there are some general rules of thumb that can clarify.
If an equitable resolution cannot be reached through negotiations, your Miami medical malpractice attorney may conclude that a trial is recommended. There is no one-size-fits-all answer. In some cases, settling out of court may be best, while in others, a trial may be the best option.
|Here are some reasons a defendant may
be motivated to settle out of court:
|Here are some reasons a plaintiff may
be motivated to settle out of court:
Types of Medical Malpractice Cases
|Misdiagnosis or Failure To Diagnose:
This happens when your doctor diagnoses you incorrectly. Incorrect diagnosis takes many different forms. For example, this could mean the doctor told you that you don’t have a condition that you actually do have. Or, your doctor saying that you do have a condition, but not diagnosing its severity.
|Failure to Follow-up:
This is one of the most common types of medical malpractice. It happens when your doctor fails to follow up on test results properly, which ultimately leads to a worsening of the condition or new medical issues.
This type of medical malpractice happens when a doctor refers the patient to another health professional or facility, and as a result, damage is done to the patient.
|Delayed Treatment (or Delayed Diagnosis):
When a doctor fails to treat the patient in a timely manner and damages occur, it constitutes medical malpractice. A common example is when a patient is sent home from the hospital too soon after surgery and later develops medical complications that could have been prevented.
When a doctor fails to keep accurate and consistent medical records of treatment that results in negative consequences for the patient, it is considered medical malpractice.
|Failure to Resuscitate Patient:
Doctors have a duty to resuscitate patients. Failure to do so qualifies as medical malpractice in almost all instances.
Types of Medical Malpractice Damages
There are three types of medical malpractice damages that plaintiffs typically recover in their medical malpractice cases. When working with your medical malpractice attorney, you’ll learn which types of damages may apply to your unique case.
|Economic damage are objective and verifiable monetary losses resulting from the claim. These types of damages can include:
This may include hospital, doctor or insurance bills, paycheck reimbursement.
|Non-economic damages are more challenging to calculate.
These types of damages can include the loss of enjoyment of life, disfigurement, emotional pain and suffering.
|Punitive damages are one of the rarest types of compensation awarded.
The purpose of punitive damages is solely to punish the wrongdoer.
Types of personal injury damages
Choosing a medical malpractice lawyer is the most important move you’ll make as you navigate the aftermath of your negative medical experience. Getting started usually begins online. You’ll want to take a look at their web page. Read the About Us page to learn about their experience.
Read up on their case studies and records of success. You will also want to read their online reviews, looking for themes that demonstrate responsiveness and positive results. Most Miami medical malpractice attorneys offer a free consultation. This is a key meeting during which you can ascertain whether you have a good personality fit and gain a deeper understanding of the strength of your case. Bonner Law, led by Michael P. Bonner, offers 30 years of experience and a proven track record to each client’s case.
Preparing For My Free Consultation
Getting ready for your meeting with your malpractice lawyer will be more effective with a little preparation. Here are some suggestions on how to get ready for your first conversation.
- Outline the details of what happened. This will help you be succinct and clear in your communication.
- Gather details. You won’t have to submit any documents on the first call but having some documentation of the dates and time frames will help tell the story.
Be prepared to get started. The next step, once you’ve hired your Miami medical malpractice attorney, is to get to work.