We entrust our health and wellbeing to medical professionals. When these healthcare providers fail to act with care, serious injuries can happen. If you or a loved one suffered medical malpractice in Miami-Dade County, Chalik & Chalik Injury Lawyers is here for you.
Compensation can account for a host of injury-related expenses, including anticipated care costs. Our Miami medical malpractice lawyers want to advocate for your legal rights. We offer free consultations where you can explore your rights, options, and case’s value.
What Constitutes Medical Malpractice in Florida?
Every healthcare provider, whether they’re a doctor or a nurse, must uphold their field’s standard of care. This means administering medical care expected of a reasonable professional in the same situation.
When a medical professional doesn’t uphold their standard of care, and they cause another person to get hurt, this may constitute negligence. According to Medical Principles and Practices, medication errors are the leading cause of medical malpractice. However, other examples include:
- Birth injury
- Misdiagnosis
- Failure to diagnose
- Surgical errors, such as performing surgery on the wrong body part
- Anesthesiologist errors
- Leaving foreign objects inside the body
- Breach of patient/client confidentiality
We will handle all investigations and identify the liable party. To build your case, we can review:
- Medical records
- Physician statements
- Patient statements
- Expert witnesses
Find a Miami Medical Malpractice Lawyer
Near Me (305) 944-2035
We’re Ready to Recover Compensation for Your Injury-Related Expenses in Miami
A severe medical mistake can leave you with physical, financial, and emotional damages, including:
- Medical costs
- In-home or vehicle modifications
- Childcare costs
- Transportation to and from doctors’ appointments
- Pain and suffering
- Lost wages
- Diminished future earning capacity
- Loss of consortium
- Funeral expenses
Every medical malpractice case is different. We will evaluate your situation to determine your case’s value. Supporting evidence may include your medical records, wage statements, vocational specialist testimony, and expert medical testimony.
Chalik & Chalik Medical Malpractice Lawyer Near Me (305) 944-2035
Your Malpractice Lawyer Must Prove These Four Elements to Recover Compensation for You
As explained by Clinical Orthopaedics and Related Research, every medical malpractice case has these elements:
- Duty of care. The defendant owed you a duty of care. All healthcare providers owe their patients a duty of care.
- Breach of duty. The at-fault party violated their duty through their actions or omissions.
- Causation. We must prove that the healthcare provider caused your injuries.
- Damages. You incurred losses because of the error.
Chalik & Chalik Injury Lawyers has recovered millions for injured claimants. We once recovered $200,000 for a claimant who suffered harm while seeking medical care.
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You Generally Must File Your Case Within Two Years of the Error
You must take legal action before Florida’s statute of limitations expires. Otherwise, you risk invalidating your case. Florida requires that you file your medical malpractice lawsuit within two years from the date of the mistake––or two years from the date you discovered your injuries, per Florida Statute § 95.11(4)(b).
Some claimants have four years to file their cases. We recommend acting as soon as possible to protect your legal rights.
For a free legal consultation with a Chalik & Chalik lawyer serving Miami, call (305) 944-2035
How Our Medical Malpractice Lawyers in Miami, FL are Ready to Serve You
To advance your case, we will:
Handle All Communications
While you focus on your wellbeing, we’ll answer all emails, text messages, and phone calls from:
- The involved insurance companies
- The healthcare provider and their office staff
- The other party’s legal team
- Witnesses
- Field consultants
If you ever get any messages from the involved parties, send them to us.
Determine Liability
Doctors aren’t the only defendants in medical malpractice claims. We may find that one or more of the following parties caused or contributed to your losses:
- Nurses
- Pharmacists
- Chiropractors
- Hospital administrators
If you suffered harm due to a dangerous drug, we can pursue compensation from the drug’s makers.
File Your Insurance Claim
Per Florida Statutes § 458.320, physicians in Florida must carry malpractice insurance. We can start your case by filing an insurance claim. Florida does not cap how much you can request in compensation. So, we will request compensation that reflects your case’s value.
Initiate a Lawsuit
If the insurer refuses to settle, we will move forward with a medical malpractice lawsuit. This requires filing a Notice of Claim. This informs the healthcare provider of your intention to file a lawsuit.
From there, we’ll present your case’s information, argue your case, and seek to hold the other party accountable.
Three Answers to Three Medical Malpractice Questions
Our firm knows that understanding medical malpractice can get confusing. Right now, we can answer these questions:
How Much Does It Cost to Hire Your Florida Law Firm?
Chalik & Chalik Injury Lawyers works on a contingency-fee basis. You don’t pay anything up front for legal representation. Our attorney’s fees come from the settlement we get for you.
Your lawyer will explain everything about our terms of payment from the very beginning. You won’t get bills in the mail or calls from collectors. If we don’t win your case, you owe nothing.
What’s the Value of My Medical Malpractice Case?
The value of your case depends on:
- The degree of the error
- Your overall health condition
- The cost of your medical care
- Your quality of life and day-to-day function
- Testimony from economists and medical professionals
We will seek the full cost of your damages.
What Happens During My Free Case Review?
During your free case review, we’ll ask you some questions, including your name, the date of your injury, and your health condition. You’ll also have the chance to ask us some questions, including:
- How long will it take to resolve my case?
- What outcomes have you achieved for other medical malpractice claimants?
- Can I file a wrongful death claim or lawsuit?
- Will the negligent healthcare provider be arrested?
- Will I have to file a lawsuit?
If we’re a good fit, our lawyers can start working on your case right away.
Connect with Chalik & Chalik Injury Lawyers to Get Started
Our medical malpractice lawyers in Miami are here to support you. When you partner with us, you’ll work directly with our managing partners, Debi and Jason Chalik. They’ve been serving injured claimants since 1995.
To learn more, call (305) 944-2035.
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