Assertive Legal Representation In Medical Malpractice Cases
Doctors and other medical professionals perform amazing feats every day in Miami and across Florida. Unfortunately, they also commit errors that result in serious injuries, mistaken or missed diagnoses, and even death. When this occurs, victims or their families may seek financial compensation through a medical malpractice lawsuit.
At Jontiff & Jontiff in Miami, we advocate aggressively for injured parties and family members who have lost their loved ones due to negligent medical acts. Our lawyers draw on more than 60 years of combined experience to navigate these complex cases. We are committed to helping you move forward with seeking accountability and justice after suffering the terrible ordeal of medical negligence.
We Have What It Takes To Pursue A Successful Outcome
Medical malpractice cases are often aggressively defended. We have the necessary resources to build strong cases. We have access to highly regarded medical professionals who can testify on your behalf.
Our lawyers are also trial-proven litigators. Although many of these cases are resolved through negotiation, we prepare every case as if it will go to trial, which is necessary in order to negotiate from a position of strength.
Understanding Medical Malpractice
Medical malpractice cases may result from a negligent act by a medical professional or a failure to act that results in negative consequences. Cases can be filed against physicians, hospitals, nurses, pharmacists and other parties.
We represent clients in a wide range of medical malpractice lawsuits, including those involving:
- Emergency room errors
- Failure to diagnose cancer and other conditions
- Radiology errors
- Surgical errors
- Nursing errors
- Birth injuries
- Medication and pharmacy errors
Whatever the specifics of your case, you can rely on our proven experience and advocacy.
Proving Medical Malpractice
In order to prove that medical malpractice has occurred, it must be shown that the care provided deviated from an accepted standard of care and that the medical professional’s actions directly caused or substantially contributed to the injury.
If it is proven that negligence existed, a victim may seek economic and noneconomic damages. Economic damages are those awarded as a direct result of actual financial loss. For instance, current and future medical bills, the cost of home health care and other expenses that are directly related to the injuries caused by medical negligence, as well as past and future lost wages and loss of earning capacity, are economic damages because you can actually add up a dollar amount for your losses. Noneconomic damages include past and future pain, suffering, inconvenience, physical impairment, disfigurement, psychological harm, loss of consortium or other nonpecuniary injury.
If it can be shown there was gross negligence or a reckless disregard for the victim’s safety, punitive damages may be warranted. However, this is less common.
Navigating The Medical Malpractice Process In Florida
Medical negligence cases are different from other personal injury claims in several ways. They’re a lot harder and more complicated. They require additional steps on the front end before you can even file a lawsuit. This “pre-suit discovery” process adds another layer of complexity to medical negligence cases.
There are two main components to the pre-suit process:
- Conducting an investigation: This step involves enlisting a qualified medical expert to conduct an in-depth review of your medical records and provide written testimony (called an affidavit) in support of your claim. You have 90 days to conduct this investigation. It’s critical to have the right expert – one with extensive knowledge, training and experience in the medical field relevant to your claim. Our lawyers have connections with a broad network of trusted medical experts.
- Notifying the defendants: The doctors, medical institutions and other parties you intend to sue must first have the opportunity to conduct their own investigation. Their 90-day window for conducting the investigation begins when you send them a notice of your claim. Florida law sets specific requirements for the contents of the notice. It must include relevant medical records and an affidavit from a medical expert, among other things.
- Deciding how to proceed: The defendants must notify you of the outcome of their investigation. They may provide a settlement offer, request arbitration or reject your claim entirely. Our attorneys can advise you on how best to proceed at this point. We can help you weigh the pros and cons of a settlement and pursue your case in court if warranted.
As you can see, it’s critical to have a strong legal team on your side through all stages of the pre-suit process.
Prompt Action Is Important
Florida law sets the statute of limitations for filing a medical malpractice lawsuit at two years from the time the patient knew or should have known that an injury occurred and that it was likely due to medical malpractice. It is important to contact our experienced legal team as soon as possible so we can begin collecting all of the medical records and other evidence that is necessary to build a strong medical malpractice case.
Schedule A Free Consultation Today
We invite you to schedule a free consultation in which we can review the facts of your case, answer your questions and recommend a course of action. Call 305-674-1099 or use our online contact form to schedule a meeting.