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Understanding Malpractice Law if You Have a Claim in Miami Beach

The statistics about medical malpractice cases are not good news for patients who have suffered medical negligence or misdiagnosis in Miami Beach or another community. Statistics suggest that about 6 million injuries and 187 000 preventable deaths occur in the nation’s hospitals each year. However, less than 2% of patients who have suffered an injury seek a legal claim. Of those who do pursue justice, only one in 15 is successful.

Part of the problem is that patients do not always realize that they have a case. Doctors and hospitals are usually in no rush to admit negligence or preventable error and for a frightened and injured patient it can be difficult to tell the difference between a simple mistake and negligence. For this reason, it is important for any injured patient to consult with a personal injury attorney in Miami Beach or their community. A good attorney with extensive experience in medical malpractice cases can help patients evaluate their options and can help determine what has caused an injury.

Another part of the problem is that in many cases doctors and hospitals are protected by powerful groups of attorneys. It can be difficult to establish and document negligence in a medical setting and harder to hold liable parties accountable. These cases often rely on expert witnesses and copies of medical reports. An experienced attorney can help immensely when it comes to building a strong case on behalf of a patient.

A third problem with medical malpractice cases in Miami Beach and other communities is that in many cases these cases hinge on who is to blame for a medical outcome. It can be very hard to determine blame, as doctors (and their attorneys) may blame honest mistakes, a patient’s existing medical condition, and a host of other reasons for a bad outcome.

This has led some experts to recommend that patients who suffer a serious injury should automatically get compensation due to a medical mistake. The medical malpractice system is worth an estimated $300 billion across the country, and that is enough money to compensate everyone who is seriously injured during a hospital stay. Since every injury and death would cost hospitals money, hospitals would be forced to do more to prevent injury and death – rather than just work to prevent litigation. Reformers in Florida have already tried to pass this “no fault” system similar to the worker’s compensation system. Critics, however, have pointed out that a key problem with that system is that there is a cap on how much injured parties can be compensated – even if their medical costs and lost income is considerably more than the compensation offered.

Current rules mean that injured patients may have to face months or even years in courtrooms before seeing any compensation. In the meantime, these patients may face severe financial distress if they need additional medical care due to negligence or if they face lost income. The best option for patients right now is to seek a personal injury attorney after sustaining an injury.


If you are looking for a personal injury attorney with experience in medical malpractice, contact the Flaxman Law Group for a free consultation. The Flaxman Law Group is a full-service law firm with a track record of helping injured patients across South Florida get compensation for their injuries.