Since 1960, millions of patients have been helped at South Miami Hospital, located at 6200 SW 73 Street South Miami, FL 33143. Currently, they are licensed to care for 453 patients at one time and have been given a great reputation for outstanding quality care in various areas like maternity services, robotic surgery, and even weight-loss surgery. South Miami Hospital has had various recognition’s throughout the years including being deemed as a Magnet Hospital for Nursing excellence in 2014. Their goal is to provide excellence to their patients and offer them the best possible care. These are goals that are often not provided to many patients.
Many sick and injured individuals seeking answers sometimes come out with more questions because they acquire an additional harm. Did you know that the number of people that die due to medical mistakes that could have been avoided surpasses those that die from automobile accidents every year? Today, we see more instances of medical negligence that lead to injuries and deaths. More and more physicians are becoming careless or could it be that the ‘advancement of medicine’ is just not as advanced as we thought it to be? The professional Miami, FL medical malpractice attorneys at Percy Martinez Law Firm know that medical malpractice can occur at any hospital because all of those working there are human, and human error occurs on a daily basis.
A patient can obtain damages through a variety of services that are offered at South Miami Hospital that can amount to a medical malpractice lawsuit:
- Abdominal Robotic Surgery
- Adjustable Gastric Band
- Anticoagulation Clinic
- Cancer Services
- Cardiac Rehabilitation
- Cardiovascular Services
- Center for Women & Infants
- Child Development
- Colorectal Robotic Surgery
- Gynecologic Cancer Robotic Surgery
- Gynecologic Robotic Surgery
- Infertility Treatment
- Intensive Care Unit
- International Services
- Interventional Radiology
- Interventional/Surgical Services
- Mammography Services
- Minimally-invasive Gynecologic Surgery
- Palliative Care
- Pastoral Care
- Patient Care Navigator
- Pelvic Health & Continence Testing
- Pregnancy & Childbirth
- Prostate Cancer
- Prostate Robotic Surgery
- Pulmonary Diagnostic Testing
- Pulmonary Rehabilitation
To see a full list of the services where a medical malpractice lawsuit can occur go here. At Medical malpractice Miami, FL Percy Martinez Law Firm, we want current patients and future patients to become skilled and studied with the notion of medical malpractice. If you need assistance in filing a medical malpractice lawsuit in the state of Florida, our experienced lawyers at our firm are waiting eagerly to guide you and have all your questions answered with accuracy.
Florida Medical Malpractice Lawsuit Factors
Being entitled to file a medical malpractice lawsuit against any medical provider like a physician, anesthesiologist, nurse, and so on, is permitted through Florida law once a patient has suffered injuries by that medical providers actions/inactions. Yet, even though this is allowed, specific criteria’s must be met before you can be eligible to file a claim for medical malpractice. Those include:
- The medical professional cared for you in some way or provided you treatment (duty of care)
- An action or inaction of the medical professional breached that obligation towards you (medical negligence)
- Medical negligence suffered caused substantial damages
- Your damages are clearly caused by the breach of the healthcare provider
The element that most have difficulty with is establishing that the violation of the duty of care took place. Even though health care providers are required to perform their jobs with preciseness, the law recognizes that there is no perfection, which is why even though you were injured, they might not be held liable for your damages. You must demonstrate that the alleged physician did not abide by the accepted standard of care. Typically, this element is proven with a medical expert that will testify whether they would have performed a different action given the same situation, or if they would have done the same thing that the physician did.
You are eligible to file a medical malpractice lawsuit in Florida once the above elements have been attained. Don’t forget about the statute of limitations that we have in place in Florida. Be quick to seek legal assistance by a skilled medical malpractice lawyer in Miami, FL to ensure that you do not miss this deadline.
Florida’s Statute of Limitations with Medical Malpractice Lawsuits
Medical malpractice falls under the law of personal injury but does not have the same provisions as personal injury cases. In fact, not every personal injury law firm can take on medical malpractice cases because they are so unique and need various elements met prior to being able to file a claim. In Florida, the following applies with regards to the statute of limitations:
- The allotted time-frame for medical malpractice cases in Florida is two years from when you noticed the medical malpractice or should have noticed it. It was made this way because the law knows that some patients might not know that they are victims of medical malpractice until some time has passed. For example, a victim that has a surgical instrument left inside their bodies might not immediately notice its effects.
- The longest you have is four years to file your medical malpractice lawsuit
Let’s say that you suffered an injury on January 15, 2018, and discovered it on June 17, 2020. You would have until January 15, 2022, to file your lawsuit even though it is less than two years from the time you discovered it. Our competent Miami, FL medical malpractice lawyers at Percy Martinez Law Firm can assure their clients that they will always meet the required deadlines for every aspect of their medical malpractice lawsuit. You do not need to worry about that with our legal expertise.
Medical Malpractice Moments
Instances of medical malpractice can happen at any time. It could happen during your annual check-up, your visit to the emergency room, and even while you are undergoing surgery. Anything is possible. A medical malpractice lawsuit can be brought on through different situations of medical negligence such as:
Medical malpractice lawsuit for acquired infection: When you visit your regular doctor or need to go to a hospital to receive treatment, you never believe that you would acquire an infection there. But, for every one person out of 25, that medical negligence happens. Imagine you go into a hospital to give birth, and you end up receiving an infection because the hospital did not properly sterilize a medical instrument that was previously used with a patient who had HIV. Also, for patients who are unable to move, nurses have to ensure that they are regularly moved to prevent bedsores which can develop into infections leading to sepsis. If you acquired an infection during your care or stay at a hospital, you can file a medical malpractice lawsuit for an acquired infection.
Medical malpractice lawsuit for delay in surgery: When a delay to perform a surgery happens, the patient/s can be in line of a life-threatening situation. For example, if you are rushed into the emergency room after a vehicle accident and need immediate surgery to save one of your limbs, but the medical staff delays the process, you might end up losing that limb and have a wrongful amputation because that could have been prevented. Also, mothers who have doctors that delay their C-section can cause the unborn child permanent brain damage due to the lack of oxygen that they might receive during the time that it is being delayed.
Medical malpractice lawsuit for hospital negligence: When a hospital exerts negligence, patients that are there are in danger. Hospitals are required to perform extensive background clearances on their prospective employees prior to hiring them. They must also maintain a proper hygiene regimen to ensure that all areas are sanitized properly, and all equipment can be used without any risks to the patient. In addition, if a doctor or nurse is performing certain actions that they shouldn’t be or are showing signs of drug use, the hospital must take immediate action to punish them. If a hospital allows an incompetent medical professional to care for a patient and in doing so they injure the patient, then the hospital can be sued for hospital negligence.
Situations of medical malpractice can be caused by any medical professional including:
- General doctors
- Hospice workers
A medical malpractice lawsuit against South Miami Hospital can have various named defendants particularly if they provide substandard care to patients at this hospital. Competent medical malpractice attorneys are ready to assist you if you have become a victim of this terrible occurrence or have a loved one that has.
Information that Will Leave You Speechless
- Infections acquired at hospitals affect about one in every 25 people
- Preventable medical errors kill about 250,000 annually
- Errors with the diagnosis of conditions affect 14 million Americans
- Out of 1,000 babies that are born around the US, eight of them will suffer from a birth injury
- Cancer is misdiagnosed 25% of the time before it is given a proper diagnosis
- Surgeons are the medical professionals that count for about one-third of all medical malpractice lawsuits
- About one-third of medical malpractice cases end with wrongful death
- Most common allegations for medical malpractice include misdiagnosis and wrong surgery site
- The average amount awarded for cases of medical malpractice in the US is about $799,000
- Each year, about 3.6 billion dollars goes to payout victims of medical malpractice
Victim of Medical Negligence at South Miami Hospital?
Do not feel alone. Our staff of specialized medical malpractice lawyers in Miami, FL are prepared to manage your claim. If medical negligence has been present throughout your care at South Miami Hospital, we can help guide you through the next steps that you will need to take. Percy Martinez Law Firm has helped many file valid medical malpractice lawsuits and receive fair settlements for their clients. Our goal is to seek justice for the damages of our clients and hold those responsible for the damages caused. Don’t allow a negligent medical professional to get away with what they have done.
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