Most people feel confident that their medical provider is giving the best care possible. But even simple routine procedures are not without risk. When the worst-case scenario happens, the aftermath can be life-changing. Medical malpractice is something that happens when a health care provider causes an injury or death to a patient by some sort of negligent act. Medical malpractice claims can be extremely complex, especially if you’re not a legal expert with medical knowledge. Medical Malpractice Lawyer Brian L. Elstein handles these cases regularly and knows how to navigate the complicated litigation process. If you believe that your injury, illness, or the death of a loved one may have happened because of medical malpractice, contact Elstein Legal as soon as possible.
Hialeah Medical Malpractice Resources
According to John Hopkins Medicine, a study released in May 2016 revealed that medical errors are now the 3rd most common cause of death in the U.S. In fact, a staggering 250,000 deaths each year are due to medical mistakes. But even with those high numbers, it’s very hard to prove malpractice. All health care providers are required to abide by an accepted standard of care. If during the course of treatment, they stray from the universally accepted medical practices and injury or death results, they can be held liable.
Here are the factors that need to be present to demonstrate malpractice:
- An established doctor-patient relationship
- Supporting statement from another medical provider with similar skills and experience that says they would have acted differently under the same circumstances in order to avoid the injury or death that occurred as a result
- Proof that your injury or loved one’s death was caused by insufficient care
- Evidence that the injury or loss of life was not something that was reasonably foreseeable
- Proof that you have suffered substantial damages as a result of insufficient care
What Qualifies As Medical Malpractice?
There is a lot of detail and thorough investigation that goes into determining whether an adverse result was truly due to malpractice. Some potential situations where malpractice could be discovered include:
- Errors while prescribing or administering medication, including errors with dosage, drug interactions, and allergens
- Improper sterilization of equipment or medical tools and instruments
- Ignoring proper precautions such as personal protective equipment (i.e. gloves and sterile masks
- Providing medical treatment while under the influence of drugs or alcohol
- Performing the wrong type of surgery, operating on the wrong part of the body, or the incorrect patient
- Incorrect diagnosis, or delayed diagnosis
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
Contact Us for a Free Consultation
If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.