Miami medical malpractice attorney Tag Archives

December 15, 2024

Is it Worth it to Hire a Miami Medical Malpractice Lawyer?

If you suffered harm because of a Florida healthcare provider’s negligence, it is difficult to imagine how you could pay for legal representation during difficult times. However, after a quick look at the rules and requirements for filing a claim under Florida’s medical negligence statute, you can see that hiring an attorney is critical. There are deadlines to note and documents to prepare before you even file a lawsuit. Plus, the rules include specific details regarding the affidavit of a medical expert who will attest to the merits of the case.

Though these are important reasons, there are additional factors that you might not have thought about when determining if it is worth it to hire a Miami medical malpractice lawyer. For instance, you should consider the following to ensure success with your claim.

Investigation and Collecting Evidence

November 12, 2024

Three Legal Points to Know About Diagnosis Errors

by Gerson & Schwartz, P.A.

A misdiagnosis can have catastrophic consequences, leading to worsened health conditions, additional medical treatments, and even wrongful death. A diagnostic error can happen in two different ways, according to the National Library of Medicine (NLM). The first is through the failure to establish an accurate and timely explanation of the patient’s medical condition. A secondary form of misdiagnosis is the failure to communicate medical explanations to the patient.

If you suffered harm because of a diagnosis error by a Florida healthcare provider, you should realize that you have legal rights. The process is complicated because of the subject matter and state medical malpractice laws. A Miami diagnostic errors attorney can explain details, but keep in mind these essential legal points.

Legal Framework for Diagnostic Error

February 5, 2021

Recent Advancements Support Early Detection of Newborn Brain Trauma

by Gerson & Schwartz, P.A.

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods.

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

October 10, 2016

Plastic Surgery Medical Malpractice in Florid

by Gerson & Schwartz, P.A.

Florida has some of the highest plastic surgery rates in the country. One survey showed that Miami alone has 10 plastic surgeons per 100,000 residents. Thousands of cosmetic procedures are performed in Miami and the rest of Florida every year. In some cases, surgeons make errors that cause severe injuries to their patients. Sadly, many patients die due to the injuries they sustained during or after a plastic surgery procedure.

Medical malpractice cases are among the most complex civil actions that attorneys file. Pursuing them requires an in depth understanding of not only personal injury laws, but also the anatomy and physiology of the human body. To successfully pursue such a claim, a victim should seek a Miami personal injury lawyer with years of experience in these cases.

In a medical malpractice case, the patient must demonstrate three things: that the medical professional had a duty to the patient; that this duty was breached when the medical professional acted negligently; and that, due to this negligence, the patient suffered harm. Establishing the duty is usually straightforward—when a patient consents to a procedure, the doctor-patient relationship is established. To demonstrate negligence, a medical expert will need to testify and explain what the standard course of conduct is for the procedure in question and how the medical professional deviated from that standard.

February 19, 2016

Medical Malpractice in Florida

by Gerson & Schwartz, P.A.

When you seek medical attention, you are under control of a particular medical staff. These individuals are, in the ideal world, trustworthy and truthful. Yet sometimes medical errors and even intentional misconduct occurs. Recently, two Florida surgeons have been found guilty of committing medical malpractice. In this particular case, a patient by the name of Maria Espinosa underwent surgery to remove a two-inch skull tumor. Yet, the two surgeons failed to properly evaluate Espinosa. This ultimately led to the patient’s bleeding to death. The surgeons did not notice the mass amount of blood until it was too late. It was later found that the patient should not even have undergone surgery. Other treatment would have been sufficient. The jury involved awarded Espinosa’s family $7.5 million after finding the surgeons negligent.

If you or a loved one is a victim of medical malpractice, it is important to hire an experienced medical malpractice attorney to ensure that you are adequately compensated for your loss. The medical malpractice attorneys at Gerson & Schwartz PA care about victims of medical malpractice. We have brought cases in nearly every medical specialty for failure to correctly diagnose, failure to provide appropriate treatment, and surgical errors. Cases that involve medical malpractice tend to be complex. We know the law involved and we know how to boost your chances of winning adequate compensation.

Florida’s Medical Malpractice Law

March 13, 2015

Be Aware of Pharmacist Liability for Drug-Related Injuries

by Gerson & Schwartz, P.A.

When we think of medical errors, we usually think of medical malpractice, or errors by other medical providers or facilities. We don’t often think of pharmacists. But where a medication creates an adverse effect—including death—it’s important for someone who is injured to consider the liability that a pharmacist may have.

When Pharmacists are Liable

Suits against pharmacist may include:

November 21, 2014

Forced Arbitration in Medical Malpractice Cases Could Take Away Your Right to a Jury

by Gerson & Schwartz, P.A.

If you are injured as a result of medical malpractice, you probably have the expectation that you’ll get your day in court, the chance to tell your story to a jury of your peers, and the opportunity to confront those who have wronged you.

More and more, however, doctors are trying to use forced, compelled arbitration to deny you that right. It’s a practice that is very harmful to Florida patients and consumers, and unfortunately, the law is very unclear whether these arbitration agreements are permissible or not.

What is Arbitration?