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Basics & Pitfalls Of Miami Medical Malpractice

by Aishwarya Gaikwad
Basics & Pitfalls Of Miami Medical Malpractice

Boyers Law 19 April 21

It is important to mention the basic fact of the Miami medical malpractice law that it is frustrating, confusing, and most often, very unfair, unjust, and partial in certain situations. For these reasons, most medical malpractice cases fail to get filed and heard in court. It is common even when there is a strong and clear case of medical malpractice. It is because of certain statutory requirements that get these cases rejected at the outset. Hiring a Miami Medical malpractice attorneys can help to a certain extent, but sometimes despite meeting technical compliances, the case fails to fly in court as it is tough proving causation, one of the elements of medical malpractice. 

Here, let us focus on some of the glaring lacunas of the regulations and why it is tough to fight a medical malpractice case in Miami. 

  • Hiring a Miami medical malpractice attorney is the first step in the right direction. The attorney is the first person to tell you if your case has any merit and can prove to be viable in court. When planning to fight a long list of powerful institutions, it is always better to be prepared and ready as the going will be very tough and challenging. The attorney is always there to help people who have a valid malpractice claim and need guidance. 
  • One of the basics of a medical malpractice claim is that it needs to prove four elements that form the case’s foundation. If there is a valid claim about a doctor or a healthcare service provider breaching the standard of care, the attorney is there to help fight the case tooth and nail. 
  • The attorney’s task is to study the case deeply and find if it holds merit. If it is found that the doctors were grossly negligent, it makes a strong case. Conversely, if it is found that the doctor’s actions were right and any other medical professional would have acted in the same way, the practitioner is not considered liable for the injuries or even death of the patient. 
  • It is important to prove the doctor’s action resulting in harm or injury to the patient. It is one of the most important elements of medical malpractice and equally tough and challenging to prove. The lawyer also needs to prove the degree or severity of injury sustained by the patient due to the healthcare giver’s negligence. 
  • Another pitfall when filing a medical malpractice suit is the statute of limitations for such cases capped at two years, which seem to be long drawn out in certain cases. The case needs to be filed within two years of sustaining injury due to medical malpractice. Moreover, it needs many medical records, documents, and witness accounts to create a strong case. It takes a lot of time and effort for the same, sometimes going in vain. 

Hire the services of a Miami medical malpractice attorney who can guide the plaintiff and help in coming up with a robust case. It is the best way to take the matter forward to its logical conclusion. 

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