Personal Injury FAQs

153 FAQs where found , 30 in this page

What are the consequences of surgical errors?

Surgical complications and errors can have serious medical consequences such as paralysis, amputation of the wrong body part, injury to the intestine, birth Injuries, deformation and disfigurement, loss of sensation, brain damage, and death. Learn More

Is the surgeon highly trained for the operation?

This is a question that every patient should ask before agreeing to surgery. However, a surgical mistake or medical error lawyer in Miami Florida will investigate and observe both the training and experience of the surgeon, although it is assumed that surgeons should be highly trained, qualified and experienced. This is an important clue as risks associated with surgery are much higher with an inexperienced surgeon. Learn More

Are unexpected results considered a medical abuse?

No, there are no guarantees made of medical results. Sometimes unexpected complications occur, and they are not considered malpractice. Besides, patients usually sign a consent form explaining about complications and possible outcomes, including bleeding and infection. Learn More

The fact that there was a bad outcome from medical treatment does not mean that the doctor is guilty of malpractice. For any medical malpractice case to be successful, a patient must prove that the adverse outcome was due to the negligence of the doctor. If the doctor was not negligent, then there is no case of medical negligence, regardless of poor treatment outcome. You should consult a qualified medical malpractice attorney. Provide the attorney with the medical records so he or she can have an expert review and then decide if there was indeed a medical carelessness. Learn More

What will the attorney prove in a medical malpractice case?

There are three essential elements to be proven in a medical malpractice case. First, when the physician did not follow the medical standards for health care. Second, when there was negligence or wrongdoing and affected the patient directly. Third, the damages should be shown. Failure to prove the three elements will result in having the case closed. Learn More

How long can a case take?

Depending on the different elements the cases usually take from 1 year to 3 years. Learn More

How will I pay for the attorney's fees?

Attorney's fees for malpractice cases can be costly, depending on the nature of your case. Attorneys generally do not expect the clients to pay for their cases. They will deduct the charges from the settlement. In the event there is no recovery from the prosecution, the attorney will not receive any payment from the client. Learn More

What is Medical Malpractice?

Medical Malpractice happens when a healthcare professional like a physician, nurse, health technician and others cause injuries or death to a patient due to improper or negligent care. Learn More

What are some examples of medical malpractice?

Among them, we can mention lack of diagnosis or erroneous diagnosis, prescription error, surgical errors, abuse in the nursing home, OB-GYN mistakes and others. Learn More

What are unexpected or unsuccessful results of medical malpractice?

Medical malpractice does not occur automatically because the patient has an adverse outcome. In most cases, complications are not considered negligence. Most of the difficult situations are included in the consent form. Learn More

Have I resigned my rights if I signed the consent?

A consent form does not free the physician of the responsibility of having been negligent in performing a medical procedure. That excludes exceptional emergency situations where the patient signs a consent form indicating the doctor explained the description of the problem, treatment, and associated risks; and the patient has the chance to ask questions before agreeing to the procedure. The fact that the patient signs consent does not override the right to sue the healthcare professional if the standard of care has not been performed. Learn More

How long will my case take?

Cases usually take from 1 to 3 years. It all depends on many factors such as the number of individuals, entities, or experts involved, schedule and commitment, level of investigation needed, among others. After the trial, if the defeated party decides to appeal the case, the verdict will be prolonged. Learn More

Can unsuccessful or unexpected results show that medical malpractice happened?

There is no guarantee from the medical results. Malpractice doesn’t happen because the patient suffered a bad outcome. Complications may cause undesirable results, but they are not generally considered to be malpractice. Most complications are in the consent form, and these comprise bleeding and infection. Learn More

Did I waive my rights if I signed a consent form or waiver?

A consent form doesn’t release the doctor who committed the negligence from liability. Except in emergency situations, patients always sign a form that states that they understand the procedure to be performed, the risks involved, and they had the opportunity to ask questions before consenting to the treatment. This consent form doesn’t waive the right the patient has to bring a medical malpractice claim. Learn More

How can I know if I have a medical malpractice case in obstetrics or gynecology?

Have your case reviewed by a specialist in medical malpractice. Often cases are lost because they are not in the hands of a lawyer, thousands of lawsuits have stopped processing because they are made by lawyers who are not specialists in medical negligence and not knowing about these procedures make a mistake giving as a result a loss of the case. Learn More

What should I do if I believe my kid has suffered a birth injury?

You need to look for medical attention for your child first. Then, contact a medical malpractice expert attorney that will follow the steps to determine if your suspicions are real. They will evaluate your case and give you advice in how to proceed. Learn More

How do I differentiate a medical error from a natural act?

Most of the time you will not be able to differentiate one from the other until you have talked to a personal injury lawyer. Healthcare professionals are entitled to follow certain standards of care, when they fail to do so, injuries result, and the medical professionals are accountable for the medical malpractice. Learn More

Can I lawsuit the OB-GYN who treated me at the delivery and my child suffered injuries at birth?

Not all birth injuries are the result of medical negligence. However, an inappropriate management or delayed delivery can considerably increase the risk of complications. It is also expected that physicians follow the correct procedures in dealing with the complications that may arise. For this reason, a medical malpractice lawyer for errors in obstetrics and gynecology shall review, study and investigate your case in order to find a way to start a process where it is shown there is a victim of medical malpractice. Learn More

How long does an OB-GYN lawsuit take?

It depends on different factors. Each case involves its own set of facts that will affect the duration of the process. Learn More

What is considered a personal injury?

Personal injury law involves the legal defenses and remedies in civil lawsuits that are filed by a private individual known as “plaintiff” against a person who is accused of contributing to the injury. Learn More

Am I entitled to file a claim?

You are entitled if you have been injured in an accident that was another person's fault and not your own via recklessness or negligence. Learn More

Can I file a claim if I am partly to blame for the accident?

Yes. You can still file a personal injury claim, with the help of a personal injury lawyer, even if you are partially at fault when the authorities assign a majority of the blame to the other party. Learn More

Does it matter what type of attorney I hire for my personal injury case?

Yes. You must hire a Miami personal injury lawyer from a respectable firm such as Gallardo Law Firm if you have been injured or a loved one has died in an accident. Learn More

What will I need to tell my lawyer about my case?

The date that the accident occurred, who caused it, the location where it transpired, how it began, and what type of injuries you sustained, are all important questions you need to ask your attorney. Learn More

How long do these cases take?

The amount of time your case will take to be resolved will depend on the nature of your injuries and the facts of your case. Learn More

Can I receive compensation for pain and suffering?

Yes. The amount of compensation you receive will depend on whether your pain is minimal, moderate or severe. Learn More

What does statute of limitations mean?

The statute of limitations is the amount of time that you are allowed to file a lawsuit against someone who hurt you. A Miami personal injury lawyer can help you determine the appropriate time limit for your particular case and will take legal action on your behalf within the established time frame. Learn More

Who can sue in a wrongful death lawsuit?

Florida's wrongful death statute makes it hard on individuals that have been affected by the death of a loved one to recover compensation for their damages and losses in this kind of lawsuit, except a skilled attorney is representing them. Learn More

What if the person who caused an injury does not have insurance?

Whenever possible, your attorney can collect damages beyond the available insurance. Learn More

What Is It To File Suit?

The client authorizes to proceed with the lawsuit when all other options have been spent. Learn More