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Brickell Medical Malpractice Lawyer
In a 2016 study, Johns Hopkins University researchers found that medical malpractice is the third most common cause of death in the United States. This means that over 250,000 deaths each year are caused by medical malpractice. An even greater number of people suffer serious illnesses and injuries from medical malpractice. A Brickell medical malpractice lawyer can help victims initiate medical malpractice lawsuits to obtain compensation for their losses.
If you or a loved one was injured or killed as the result of a medical professional’s negligence, it is important to remember that you have a right to pursue compensation. At Gerson & Schwartz, PA, we are committed to fighting for the maximum amount of compensation that victims deserve. We understand how devastating the results of medical negligence can be on victims and their families. You are not alone. Contact our law office at (305) 371-6000 or email us at info@gslawusa.com for help today.
Medical Malpractice Occurs in Hospitals Near BrickellEven the best medical professionals are at risk of injuring their patients through medical malpractice. All patients should understand that if they are harmed by the negligent actions of medical professionals, they have a right to pursue compensation. Some of the hospitals in and near Brickell where you might encounter medical negligence include the following:
- BCC Hospital Services
- Braunwald Hospitals
- Catholic Health
- Jackson Memorial Hospital
- Mercy Hospital
- University of Miami Hospital
- VA Miami
Medical malpractice involves any type of medical negligence committed by medical professionals like doctors, nurses, nurse practitioners, pharmacists, and surgeons. Some of the most common types of medical malpractice include the following:
- Misdiagnosing a patient’s medical condition
- Failing to treat a serious medical condition resulting in severe injury or death
- Negligently or poorly performed surgical procedures
- Improper administration of drugs resulting in a brain injury or death
- Delay in providing timely medical care resulting in serious injury such as stoke or death.
Every medical procedure involves a certain level of risk. In most cases, before a person undergoes a medical procedure, the individual must sign waivers addressing risks associated with the treatment. These waivers, however, do not protect medical professionals who perform negligent acts. For this reason, if you have been harmed by medical malpractice after signing an informed consent waiver, you should still contact a Brickell medical malpractice law firm for help in pursuing a claim.
Time Limits in Florida Medical Malpractice CasesPatients who are harmed by medical malpractice in Florida must file claims or lawsuits within two years from the date that the patient knew or should have known that an injury occurred and that the injury was likely the result of medical malpractice. If a person fails to initiate a claim within this two-year window, the opportunity to pursue a claim may be permanently lost subject to only a certain number of limited exceptions
There are some limited exceptions to this time window, which include cases involving fraud or misrepresentation. On review of your case, a Brickell medical malpractice attorney at Gerson & Schwartz can tell you whether any of these exclusions would apply to your case.
What Your Brickell Medical Malpractice Lawyer Must ProveTo argue a successful medical malpractice claim, several elements must be satisfied regardless of the medical professional who is involved. These elements are:
- The medical provider owed you a legal duty of care, but it is often easy to establish that a patient-caregiver relationship existed
- The medical professional committed an act or omission failed to conform to the accepted standard of care.
- This deviation from the standard of care constituted a breach of duty
- This breach of duty was both the direct and proximate cause of the patient’s injuries
- The patient ended up experiencing damages as a result of his or her injuries
If you or a loved one was harmed by the negligence of a medical professional, you have the right to pursue compensation. Do not hesitate to retain the assistance of a Brickell medical malpractice lawyer at Gerson & Schwartz, PA today. If you wait too long, there is a risk that critical evidence or that you might even be prohibited from pursuing a claim. Do not hesitate to contact us to schedule a free case evaluation.
