Articles Posted in Medical Malpractice

Physicians go through years of school, residencies, and other training to practice in their specific area of medicine, but these individuals do make mistakes despite their extensive backgrounds. The Society to Improve Diagnosis in Medicine (SIDM) reports that diagnostic errors are among the impactful, harmful problems in health care in the US. Serious mistakes with identifying medical conditions have been discovered in around 10 to 20% of all autopsies, revealing that up to 80,000 patients die because of diagnosis mistakes every year. 

When you trust your physician to make a proper diagnosis, you lose trust and may not know what to do about your health and your rights. With a Miami diagnostic errors lawyer on your side, you can feel confident that your legal remedies are in good hands. A few tips are also useful to help you get through this difficult situation.

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Statutory caps on monetary damages in medical malpractice cases carry some controversy because they attempt to limit what an injured patient can recover. On the one hand, these restrictions help attract the best physicians to Florida without the fear of massive lawsuits. However, caps on damages also result in many victims not being able to recoup their losses after suffering harm at the hands of a healthcare provider. The Florida Senate has recently taken action on the issue by moving a bill out of committee for full voting. 

The proposed legislation would reinstate statutory caps for medical malpractice cases, putting injured patients at a severe disadvantage. It may be some time before the bill becomes law, but it is a consideration for many people seeking compensation for their losses. A Miami medical malpractice lawyer can assist with your claim if you suffered harm, but some information about the proposed statutory cap is useful.

Overview of Proposal to Cap Med Mal Damages

The human body is a complicated machine, which is why the practice of medicine is so highly complex and technical. In the case of a Florida medical malpractice claim, the facts and arguments are also very convoluted. To simplify medical definitions and concepts, all parties will rely on medical experts. The Florida Evidence Code provides that qualifying individuals can testify regarding scientific and specialized knowledge, which will assist the jury in determining a fact at issue. 

Plaintiffs in a medical malpractice case will call a medical expert to support their claims, while defendants will retain their own to fight the allegations. Still, there are some specific tasks that a medical expert will complete to help with your case and meet certain statutory requirements. Your Miami medical malpractice lawyer will take the lead with strategy, and you can read on for information on what medical experts do for your case.

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When compared to the statutes of limitations other US states impose in personal injury lawsuits, Florida’s deadline is relatively long. For all actions based upon negligence, such as car accidents and slip and falls, the victim has four years to file a lawsuit in court. The clock starts to run on the date of the accident, and the person loses the right to sue if the time restriction expires. There is a special statute of limitations for medical malpractice actions, however. The deadline is shorter, so you have two years from the date of the incident giving rise to the cause of action. 

The statute of limitations creates a tricky situation with a specific type of med mal case in which a healthcare provider misdiagnoses the patient. The clock could run out on the two-year deadline, which is why lawmakers provided the “discovery” rule in the statute of limitations. A Miami diagnosis errors attorney will describe how the law applies to your situation, but there are a few things to know.

How the Discovery Rule Works

A diagnostic error is defined as the failure to provide an accurate, prompt explanation of a patient’s health care concerns and communicate the medical condition to the patient. Even without a background in medicine, you certainly know that a proper diagnosis is essential before you can receive the treatment you need. Unfortunately, misdiagnosis is a common problem. The US Department of Health & Human Services reports that mistakes in diagnosing patients lead to 17% of medical errors in hospitals. Studies on autopsies also reveal that approximately 9 percent of all patients experienced a major diagnostic error that health care providers did not detect.

Based on these figures, researchers estimate that up to 80,000 individuals die, and hundreds of thousands suffer harm because of misdiagnosis every year. These claims fall under Florida medical negligence laws, so there are remedies for victims and their families. A Miami diagnostic errors attorney can assist with the legal process, but it is important to know how these mistakes happen. 

Reasons Behind Diagnosis Mistakes

You trust your child’s physicians to provide quality patient care, from supporting your health during pregnancy to delivery and early childhood. Therefore, it is devastating to learn that your child suffered harm because of errors by a health care provider. Whether from birth injuries or negligent treatment during their formative years, the consequences for your entire family can be considerable. It is a comfort to know that Florida’s medical malpractice statute allows you to seek compensation for medical costs, pain and suffering, and other losses. 

Medical malpractice cases are among the most complicated personal injury claims, and the concepts are even more complex when the victim is a child. The same basic laws apply, but there are unique factors related to age. You should trust a Miami medical malpractice lawyer to handle details, but a summary is useful.

Florida’s Medical Negligence Statute