Miami Medical Malpractice Attorneys
The medical malpractice lawyers at Halpern Santos & Pinkert provide unparalleled legal counsel to injured and ill parties in Miami and throughout Florida. With more than six decades of combined experience practicing law, our Miami personal injury attorneys know how to devise effective strategies for securing the compensation that our clients deserve.
With an unwavering commitment to achieving the best possible results for each of our clients, we have recovered more than $200 million in successful settlements and verdicts. Call 305-445-1111 to schedule a free case evaluation with a medical malpractice lawyer on our team.Damages Recoverable in Miami Medical Malpractice Cases
When you turn to Halpern Santos & Pinkert, you can be sure that our attorneys will include all potentially recoverable damages in the settlement negotiations, and will use proven strategies to prove the value of your claim. Although the claims process is unpredictable and no attorney can promise a specific outcome, we know what it takes to achieve sizable settlements for our clients.
In the state of Florida, medical malpractice settlements may include compensation for:
- Past medical bills;
- Future healthcare expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Home and vehicle modifications;
- Physical impairment;
- Scarring and disfigurement;
- Emotional distress;
- Pain and suffering;
- Loss of consortium; and
- Loss of enjoyment of life.
In addition to the damages listed above, victims of medical malpractice may also be entitled to punitive damages in certain scenarios. Unlike compensatory damages, which essentially reimburse the victim for direct or indirect costs associated with treating or living with the injuries, punitive damages punish the defendant for egregious wrongdoing.
Since most negligent healthcare providers are not actually malicious, punitive damages rarely apply in malpractice cases. In order for a claimant to recover such damages, he or she must prove that gross negligence or intentional misconduct occurred.
Gross negligence refers to extremely reckless behavior that demonstrates an indifference to life, health, safety, and the rights of others. Intentional misconduct, on the other hand, occurs when the provider knew his or her behavior was wrong and would likely result in serious injuries or illness.
Since punitive damages do not compensate victims for actual costs, there is always the chance that plaintiffs will try to abuse the system by seeking an incredibly high amount. For this reason, the state of Florida has placed a cap on such awards in medical malpractice cases.
The cap is typically $500,000 for victims suing healthcare providers and $750,000 for those with cases against non-practitioner defendants. This is in addition to any compensatory damages to which the plaintiff is entitled, which have no cap in the state of Florida.Mistakes to Avoid After Receiving Substandard Health Care in Miami
Insurance companies that represent healthcare providers have various strategies for disputing claims, denying liability, and undervaluing damages. As a result, even minor mistakes on the part of the claimant could end up jeopardizing the entire case.
Fortunately, you do not have to go up against a major insurance provider alone. Upon hiring a medical malpractice attorney from Halpern Santos & Pinkert, you will gain a seasoned legal ally who knows how to handle aggressive insurance adjusters.
Our Miami personal injury lawyers are well-versed in the tactics that insurance adjusters use to bully claimants into accepting less than what they deserve. We are proud to stand up for injured, ill, and vulnerable parties, and we do not let anyone intimidate them into settling for an unfair amount.
In order to build the strongest case possible, it is wise to call an attorney as soon as you suspect you were the victim of medical malpractice. By involving a lawyer early in the proceedings, you can avoid making critical mistakes along the way, including the following:
- Giving a recorded statement prior to knowing the full extent of the injuries;
- Failing to document the recovery process and how it affects your everyday life;
- Discussing details regarding the case on social media, or posting photographs that the insurance adjuster could use to devalue the claim;
- Missing the deadline for filing a formal lawsuit;
- Ignoring your doctor’s instructions; or
- Missing doctor’s appointments.
Although many healthcare providers are perfectly honorable, there are some who will do anything to avoid hurting their reputation or threatening their livelihood. This includes destroying or covering up evidence of malpractice.
Since virtually every physician can expect to face at least one lawsuit over the course of his or her career, doctors are especially wary of scenarios that could potentially fuel a claim. That means if a procedure does not go as planned, the less scrupulous providers may be inclined to alter medical records or destroy evidence of the wrongdoing.
If you call an attorney as soon as you suspect malpractice, though, you will have a much better chance of gathering any time-sensitive or especially damning evidence. You will also reduce the risk of missing the filing deadline.
In the state of Florida, medical malpractice victims have two years from the date of the incident—or the date on which they should have discovered the harm resulting from the incident—to file a formal lawsuit. There is also a statute of repose of four years, which means you cannot file a claim after four years has passed, regardless of when you discovered any harm stemming from a medical procedure.
You should contact Halpern Santos & Pinkert as soon as you suspect malpractice. Our Miami negligence lawyers will examine every aspect of the case to help you determine the most strategic way to proceed. And once we take over the claim, you can focus solely on your health because you will know you’re in good hands.Call 305-445-1111 for a FREE CONSULTATION with a Miami Medical Malpractice Attorney
The personal injury lawyers at Halpern Santos & Pinkert are here to answer your questions regarding medical malpractice and help you navigate every stage of the claims process. Call us at 305-445-1111 or fill out our Contact Form to schedule a free consultation with a medical malpractice attorney in Miami.