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Medical malpractice (and for that matter dental malpractice) is simply the negligence of your doctor or dentist to perform his or her duties to the same standard as any other reasonable doctor or dentist would and by not performing those duties correctly an injury or death occurred.

Elements For A Malpractice Claim

1.  The standard of care owed by the defendant
2.  The defendant's breach of the standard of care
and
3.   That said breach proximately caused the damages claimed.

In everyday language, this means that a medical professional must provide the same level of care that another medical professional would provide under the same circumstances.  If the medical professional did not follow the same care that another medical professional would and this caused an injury or death, then a medical malpractice suit might be appropriate.  These are some of the areas in medical malpractice that I can help you in Miami-Dade County:

·       Anesthesia Malpractice

·       Birth Injuries and Defects

·       Cosmetic Surgery

·       Dental Malpractice

·       Emergency Room Errors

·       HMO Managed Case

·       Lasik Eye Surgery

·       Medication Malpractice

·       Optometry Malpractice

·       Prescription/Drug Malpractice

·       Psychiatric Malpractice

·       Surgical Errors

·       Wrong Diagnosis or Misdiagnosis

·       Spinal Cord Injury including paralysis

Damages

There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:

In medical malpractice cases, economic damages may include:

  • Medical expenses – past and future
  • Past lost income
  • Future lost income, reduced to present value
  • Lost support and services
  • Any other economic loss that would not have occurred but for the injury

Non-economic damages may include:

  • Pain and suffering
  • Mental anguish
  • Inconvenience

Statute of Limitations

In Florida, a person must bring a medical malpractice claim within two (2) years from the date of the incident or from the date that the injury was discovered or should have been discovered.

Please contact me if you or a loved one have suffered a medical malpractice in Miami because of the negligence of a medical professional.  Get a free consultation from a medical malpractice attorney. There is no fee or cost unless I recover money for you.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.

Miami-Dade Florida Attorney
Contact The Law Office of Antonio G. Jimenez

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