Most people do not want to undergo surgery unless it is absolutely necessary. On the other hand, many people choose elective surgery for a variety of reasons. Regardless of whether your surgery was necessary or elective, surgical mistakes should not be tolerated.
Our Miami surgeon malpractice lawyers at the Shaked Law Personal Injury Lawyers have over two decades years of experience with medical malpractice claims. We fight to protect our clients’ rights to receive fair compensation for injuries caused by surgical errors and mistakes.
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How Our Miami Medical Malpractice Attorneys Can Help You with Your Case
Cases involving surgeon malpractice are complicated. Proving that a surgeon is guilty of malpractice requires a high degree of legal knowledge. You must also have the time and resources to investigate the case and hire medical experts to support your malpractice allegations.
At the Shaked Law Personal Injury Lawyers, we’ve made it our business to hold negligent medical providers responsible for the harm they cause to patients. In fact, we have been recognized as leading medical malpractice and personal injury lawyers.
When you hire our Miami personal injury lawyers, you can expect us to:
- Gather medical records, consult with medical experts, and interview interested parties as we investigate the case
- Identify all parties who were responsible for your injuries or could be liable for your damages
- File insurance claims, lawsuits, and notices of claims to protect your right to pursue actions against the at-fault parties
- Document the severity of your injuries and damages
- Work with financial experts to calculate the value of future damages
- Aggressively negotiate for full compensation of all damages
- Advocate for you in court if the matter goes to trial
Our goal is to get you the most money possible for your claim as quickly as possible. However, we are committed for the long term to ensure you have the best chance of receiving the compensation you deserve.
Common Causes of Surgical Malpractice in Miami, FL
It is estimated that roughly 400,000 hospital patients are the victims of preventable harm each year in the United States. Surgical errors are one of the most common types of errors in hospitals. Most malpractice claims against hospitals result from surgical errors and mistakes.
Some of the most common reasons for surgical malpractice in Miami-Dade County include:
- A doctor’s failure to obtain informed consent
- Operating on the wrong body part
- Failing to review the patient’s medical history
- Poor communication between health care providers
- Failing to monitor a patient for infections or complications
- Operating under the influence of alcohol or drugs
- Understaffing of hospitals and medical facilities
- Failing to verify that all instruments and supplies are accounted for before closing up (i.e., leaving surgical items in patients)
- Inadequate post-operative care and instructions
- Performing the incorrect type of surgery or unnecessary surgery
- Operating on the wrong patient
- Anesthesia errors and mistakes
- Prescribing the incorrect medication or dosage of medication during or after surgery
How Can I Prove a Surgeon Committed Malpractice?
The patient has the burden of proving the legal elements of a medical malpractice case. Those elements are:
- The existence of a physician-patient relationship
- The doctor owed the patient a duty of care
- The physician breaded the duty of care by failing to provide the required standard of care
- The breach of duty was the direct and proximate cause of the patient’s injuries and harm
- The patient sustained damages caused by the breach of duty
You must have medical experts to testify and explain the standard of care required in your case and how the surgeon failed to meet that standard of care. You must have evidence linking the surgeon’s conduct directly to the cause of your injury to win a medical malpractice case.
What Compensation Can I Receive After Surgeon Malpractice?
- The cost of medical care and treatment for all injuries caused by the malpractice
- The cost of nursing and personal care
- Lost wages, benefits, and future earning potential
- Disfigurement, impairments, and disabilities
- Loss of enjoyment of life and reduced quality of life
- Mental, emotional, and physical pain and suffering
Additionally, some patients could receive punitive damages. These damages are awarded to a plaintiff when a defendant’s conduct is grossly negligent or intentionally harmful. For example, they may apply if a doctor performs surgery while intoxicated.
Our legal team carefully analyzes your case to identify all damages available to maximize your recovery.
Schedule a Free Consultation With Our Miami, FL Medical Malpractice Lawyers
Call now to speak with an experienced Miami personal injury lawyer about your case. Learn about your legal rights and options for recovering money for an injury claim during a free, no-obligation consultation with a lawyer. We’re ready to be your advocates after surgeon malpractice.