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Are you a victim of medical malpractice?

At Correa & Martinez Trial Lawyers, we understand the complexities and challenges associated with medical malpractice cases. Our experienced team of legal professionals is dedicated to advocating for your rights and pursuing fair compensation on your behalf. Attorney and founding partner Octavio Martinez brings over two decades of unwavering commitment to your case. He achieved academic excellence with a top 13% class ranking at Nova Southeastern University Shepard Broad Law Center and earned the prestigious Corpus Juris Secundum Award in Civil Procedure. As a boutique law firm, we specialize in providing tailored legal solutions that align with the unique needs of medical malpractice victims. Our commitment to individualized care means that you receive the attention and support you deserve throughout your case. Our firm has earned recognition and accolades for our dedication to clients and excellence in the legal field. Furthermore, our bilingual capability sets us apart, ensuring seamless communication in both English and Spanish. Contact us to schedule a free initial consultation today.

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What is medical malpractice?

Medical malpractice occurs when a healthcare provider's actions or negligence deviate from the accepted standard of care, resulting in harm to the patient. This harm can manifest in various forms, such as misdiagnoses, surgical errors, medication mistakes, or inadequate treatment. Common examples of medical malpractice include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors or complications
  • Medication errors
  • Birth injuries
  • Anesthesia errors
  • Hospital-acquired infections
  • Failure to obtain informed consent
  • Negligent post-operative care

Common Causes of Medical Malpractice

Medical malpractice cases often stem from a range of factors and circumstances. Some of the common causes of medical malpractice include

Communication Failures

Misunderstandings or poor communication among medical staff can lead to critical errors.

Inadequate Training or Supervision

Medical professionals require proper training and supervision to ensure they perform their duties competently.

Fatigue or Overwork

Exhausted healthcare providers may make mistakes due to fatigue.

Equipment Failures

Malfunctioning or poorly maintained medical equipment can lead to errors during treatment.

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Procedural issues in medical malpractice cases

Under Florida law, before filing a medical malpractice lawsuit, the plaintiff (the injured party or their legal representative) must conduct a pre-suit investigation and provide notice to the potential defendants. This process is governed by Chapter 766 of the Florida Statutes, which outlines the steps that must be taken before filing a lawsuit for medical malpractice. Some key elements of the pre-suit process in Florida include:

  • Notice of Intent: The plaintiff must provide written notice to the healthcare provider(s) they intend to sue at least 90 days before filing a lawsuit. This notice must include specific details about the alleged malpractice, including the standard of care that was allegedly breached and the injuries sustained.
  • Affidavit of Expert Witness: While not part of the initial pleading or complaint, the plaintiff is required to obtain an affidavit from a qualified medical expert who states that there is a reasonable basis to believe that medical negligence occurred. This affidavit must be filed with the court within 30 days of the defendant's response to the notice of intent.
  • Mediation: In some cases, the pre-suit process may involve mediation to attempt to resolve the dispute before proceeding to litigation.

Forms of medical malpractice compensation

If you've been a victim of medical malpractice, you may be entitled to various forms of compensation, including:

  • Economic Damages: Covering medical expenses, lost wages, and future medical costs related to the malpractice.
  • Non-Economic Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: In some cases, punitive damages may be awarded to punish the healthcare provider for egregious negligence.
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You Don’t Need to Do This Alone

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Why you need an attorney

Navigating the intricacies of a medical malpractice case can be exceptionally challenging. Attorneys specializing in this field play a pivotal role by:

  • Thoroughly investigating the medical records and treatment history related to the malpractice incident.
  • Collaborating with medical experts and specialists to establish the standard of care and demonstrate how it was breached.
  • Strategically negotiating with multiple parties to secure the maximum compensation for the victim's pain, suffering, and medical expenses.
  • Building a compelling case that presents the medical malpractice allegations clearly and persuasively, preparing for trial if needed.
  • Zealously advocating for the rights of the victim at every stage of the legal process, offering unwavering support and guidance.

Contact Correa & Martinez Trial Lawyers today.

If you've suffered due to medical malpractice, don't face the legal battle alone. Our dedicated team is here to provide the guidance and support you need to pursue your claim successfully. Contact us today for a free consultation and take the first step towards securing the compensation and justice you deserve. To schedule a free initial consultation discussing your case directly with one of our attorneys, call us today.

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