Miami Malpractice Litigations Attorney
Medical Malpractice Negligence Attorney at Law
What is Medical Malpractice?
Medical malpractice occurs when a patient's injury or death is a result of the failure of a doctor or other licensed medical professional or institution to follow the "standard of care" (the rules of the road) to protect the patient during work-up or treatment.
What does "standard of care" mean?
Standard of care refers to the degree of care and skill the average qualified healthcare professional would provide in circumstances similar to those of your case.
How do we determine if the "standard of care" was followed?
A medical expert will review your medical records. This expert then makes a recommendation to one of Glinn & Somera’s experienced medical malpractice lawyers as to the level of harm you have received. The expert determines if the injury was caused by the negligence of the health care provider (doctor, nurse,hospital, etc.).
Who can commit medical malpractice?
Any persons who provide medical services to or on you can commit malpractice. These individuals are licensed or regulated by the state of Florida, and are almost never disciplined.
What does "statute of limitation" mean?
The statute of limitations is the time frame you have to file a lawsuit. When the statute of limitations expires on your case, you simply do not have a case anymore. The statute of limitations for medical malpractice cases in Florida, for example, is generally two years. The time begins at the time of the malpractice, or from when you knew or should have known that there was malpractice which caused an injury.
How are damages calculated for medical malpractice?
Florida has two categories for damages in malpractice cases: economic and non-economic.
- Economic damages are: (1) past and future medical care, and (2) past and future loss of earnings or earning capacity.
- Non-economic damages are: (1) physical pain and suffering, (2) mental anguish, (3) disability, (4) disfigurement, (5) loss of capacity for the enjoyment of life.
What about the costs involved in pursuing a case?
At Glinn & Somera we handle medical malpractice cases on a contingency fee arrangement. We don't charge by the hour for our services. If we win your case, or settle your case, we'll be paid a percentage of the settlement or judgment. If we are unsuccessful, you don't pay us anything at all.
How long will it take to settle my claim?
The time it takes to settle a medical malpractice case depends on the circumstances of the case. The more complex the case and the more serious the injuries, the longer it may take. Before settling a case, we at Glinn & Somera make sure our clients' legal issues are completely resolved. In the case of injuries that persist or are permanent, we are able to determine the nature and extent of future damages with the assistance of your treating physician or other experts.
Serving medical malpractice victims in Florida
Glinn & Somera looks forward to each case as a fresh challenge to get victims of all types of medical malpractice the justice they seek and the compensation they deserve. Call us today for a free consultation at (305) 854-5100 or contact us online.
