Types of Medical Malpractice Cases in Florida
Standing Up to Medical Negligence for Decades
David C. Rash, P.A. represents individuals who have been injured by negligent
medical professionals. Whether your condition has deteriorated because
of a doctor's failure to diagnose it, experienced catastrophic injuries
because of a surgical mishap, or found daily life considerably more difficult
due to a lack of proper medical intervention, we can help. You have rights
as a patient and we earnestly want to uphold them.
Why choose our Weston medical malpractice attorney?
- FREE private consultation
- You don't pay us unless we win
- 25 years' experience on your side
- Millions of dollars won for clients
- Top-rated ethics and legal skill (AV Preeminent® rating)
- Named as Super Lawyer in Florida for Medical Malpractice
- National Trial Lawyers: Top 100
- We represent claims nationwide
Call (954) 914-7116 for your
free case review today! Our Miami medical malpractice lawyer is ready to guide you!
Injured by Medical Malpractice?
25 years' experience handling medical malpractice claims of all sorts and levels of severity.
Throughout the years, we have developed a sophisticated knowledge of medical
malpractice injuries, understanding exactly what it takes to maximize
a claim. One of the critical key components of a success medical malpractice
lawsuit is knowing where liability lies. With our unrivaled insight and
keen understanding of medical regulations, rules, and law, we can use
the varied details of your case to pinpoint when and why something went wrong.
We welcome medical malpractice cases involving:
Our Miami medical malpractice attorney is also able to represent class
action claims nationwide. If you have been injured by a medical device,
chances are strong that you are not the only one. Learn more about whether
your case can be included in a nationwide malpractice
class action lawsuit, or if you should be the first to create one, by contacting our firm today.
page to see our impressive track record.
Do I Have a Valid Medical Malpractice Claim?
Doctors are human; they sometimes make mistakes. While some mistakes are
relatively minor and cause no real harm, others can be disastrous and
result in serious injury or even death to a patient. When a doctor’s
error is in such a way that it violates the standard of care owed to their
patients, they may be held civilly liable for medical malpractice. In
order for negligence to become “actionable,” or have all the
necessary elements to warrant a valid legal claim, several elements must exist.
- The doctor, nurse, or other medical professional owed a duty to the patient.
- The duty to the patient was breached.
- The breach of duty caused the patient harm.
The first element addresses whether or not a physician owes a patient a
duty of care. Generally speaking, doctors do not owe a duty of care unless
a doctor-patient relationship is established. In other words, the patient
must show that they came to the doctor for care or the doctor voluntarily
came to the patient’s aid. Once a doctor-patient relationship is
established, the physician becomes liable for any injury that should result
from any negligent or careless actions during their care.
In regards to the second element, a person may not sue for malpractice
simply because they are unhappy with the results of their treatment. A
doctor must have acted in a manner that they violated the standard of
care, such as failing to act reasonably skillful or careful, or in a manner
that a competent doctor would have acted in the same situation. Likewise,
a patient does not have a case if no real harm was caused as a result
of their doctor’s negligence. Examples of real harm include physical
pain, mental anguish, additional medical expenses, reduced quality of
life, or reduced earning capacity.
Common Causes of Medical Malpractice
Inevitably, in just about every medical malpractice case, the defendant
will begin to stop trying to dodge responsibility altogether and instead
start offering up reasons as to why the negligence occurred. Make no mistake:
there is no reason that they can provide that should be viewed as excusable.
Patients go to medical practitioners because they need help for a physical
or mental ailment. When something so dire or dangerous is at play, there
must be no amount of negligence whatsoever. It may be demanding to always
be flawless but that is the expectation and the duty of every medical
Medical malpractice cases and injuries may be sourced to:
Exhaustion: Nurses and doctors are infamous for working extremely long shifts, sometimes
more than 24 hours in a row. There is a clear issue in management when
anyone of any profession needs to work that long. Still, being tired cannot
be allowed to cause harm to innocent patients.
Miscommunication: Everyone in a hospital or care facility is an important part of the overall
team. From clerks at the front desk to surgeons in the operating room,
clear and concise communication at every step along the way of a patient's
care is crucial.
Prescription errors: Medications and treatments a patient is told to use or follow after they
leave the hospital or facility cannot be overlooked and must be prescribed
exactly. In some ways, prescription errors are more dangerous than any
other form of medical malpractice since the patient is no longer under
the direct observation of medical staff.
No Recovery, No Fee
At our firm, we only accept legal fees if we are able to recover a monetary
settlement for our clients. This means that everything is free until we
have won you a settlement for your claims. We advance all costs related
to your case so you do not pay us anything upfront. If we lose your case,
you owe us nothing. This makes our services risk-free and it allows victims
to access our high-quality services regardless of their financial situation.
Free Consult with a Miami Medical Malpractice Attorney
David C. Rash, P.A., we are led by an award-winning Florida medical malpractice lawyer who
is known for his dedicated advocacy and successful results. Our track
millions of dollars in settlements in some of the most intricate cases recently held in the courts of Florida
and beyond. Our firm advocates for our clients until the very end, ensuring
they recover the compensation they need to move forward without financial
worries. If you've been injured by medical malpractice, we encourage
you to explore your options and see how we can help.