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Miami, Florida

Miami Medical Malpractice FAQ’s

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Miami Medical Malpractice FAQ’s

If you were harmed because a medical provider failed to provide adequate care, you may have a medical malpractice claim. Contact an experienced Miami medical malpractice attorney to review your case and explain your options. 

Below are answers to some frequently asked questions regarding medical malpractice claims in Miami, Florida.

Can I file a medical malpractice case against a hospital or medical provider if they made a mistake that caused injury? 

Yes. You can file a medical malpractice suit against a hospital or provider if you can show they breached the prevailing professional standard of care and caused you harm. 

What’s the standard of care in Florida?

Under Florida Statute 766.102, the prevailing professional standard of care is the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

It is not enough to show that you were harmed by a medical provider’s actions. You must prove that their conduct fell below this professional standard of care. 

How can I prove a provider breached the standard of care?

To prove that the medical provider breached the standard of care, you must show what is “recognized as acceptable” by similar providers in the same field. This requires hiring a specialist in that field to act as an expert witness in your case. 

This expert will review your treatment records and prepare a report with their opinion of whether the provider breached the standard of care.

Can you sue for malpractice if a provider left a foreign object in your body?

Yes. Normally, you have to affirmatively prove that the medical provider committed malpractice. If a foreign object was left in your body during a medical procedure, it may be considered prima facie evidence that malpractice occurred. That means the court will assume malpractice occurred unless the defendant proves otherwise. 

What is the pre-lawsuit investigation requirement?

In Florida, you must certify in your complaint that you completed a reasonable investigation and have a good faith belief the provider committed malpractice. This requires consulting an expert before filing your case as well. 

What does the Florida Patient’s Compensation Fund do?

The Florida Patient’s Compensation Fund is a state-run fund that acts as excess insurance for providers and hospitals. If a jury verdict exceeds the provider’s insurance policy limit, the excess will be paid from the fund. The fund will not pay punitive damages on behalf of a doctor or hospital. 

Do I have to give the provider notice before filing a medical malpractice lawsuit?

Yes. You must notify the provider of the potential lawsuit. This triggers a 90-day screening period before you can file a lawsuit. During this period, the providers can investigate your claim. 

During this period, any party can request the other party to make unsworn statements. These statements are not admissible in court. 

Can I be required to have a physical or mental examination? 

Yes. You may have to undergo an examination during the screening period if it is relevant to your claim. 

Contact Our Miami Medical Malpractice Attorney To Discuss Your Case

If you have questions or need help with a claim, contact our skilled Miami medical malpractice lawyers at Shaked Law Personal Injury Lawyers at (305) 937-0191. We offer a free initial consultation and work on contingency, which means we only are paid attorney’s fees if we win compensation for you.