Miami Medical Malpractice Lawyer - Sean M. Cleary

If you have been injured due to a careless medical mistake, call us and we can investigate your case and get you compensation.

How Can We Help with Your Medical Malpractice Case?

Our legal team reviews your documents and medical records and with our medical experts we determine if you have a medical malpractice case and may receive compensation.

Sean M. Cleary

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Miami Medical Malpractice

Medical errors are the third leading cause of death in the U.S., causing at least 250K deaths every year. In Florida, 3K to over 5K deaths occur every year from medical malpractice and over 2K complaints are filed against physicians. The law is on the patient's side, and the medical malpractice statistics are in their favor. As a result, there is a payment for a medical claim every 43 minutes. Only 5% of these payouts result from jury verdicts. The rest are obtained through settlement before trial, ranking Florida as 5th in the U.S. for payments made to patients. 13% of the doctors who have five medical malpractice strikes against them or more have been disciplined.

 
 
 
 

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Common Medical Malpractice Questions

What Is the Statute of Limitations for Medical Malpractice in Florida? »

In Florida, the statute of limitations for filing a medical malpractice claim is two years from when the patient (or a family member, parent, or guardian) either knew or should have known that the injury exists and there is a plausible possibility that it was caused by medical malpractice. For example, for an injury discovered on January 1, 2016, you must file a Florida medical malpractice claim by January 1, 2018.

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Do Medical Malpractice Attorneys Work on Contingency? »

Yes, most medical malpractice attorneys work on contingency or against a percentage of the award or settlement in the case. The most common contingency fee is 33% of the award or settlement, but you can negotiate the fee at the outset of your case, during the initial free consultation.

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How Do You Win a Medical Malpractice Lawsuit? »

In order to win a medical malpractice lawsuit, you must prove that your doctors and medical personnel breached their health-care duty by showing evidence of the following aspects: your doctor-patient relationship, your doctors' negligence, that their negligence caused injury, that they are guilty for improper treatment or diagnosis, etc. Additionally, by hiring a medical malpractice attorney you improve your chances of winning your lawsuit.

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What is the Minimum and Maximum Compensation Amount for Medical Malpractice? »

The minimum and maximum amount of compensation for medical malpractice can differ from one state to another. In Florida, there are no longer caps on the amount a defendant is required to pay and the amount a plaintiff can receive from a medical malpractice lawsuit.

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Why Hire an Attorney for a Medical Malpractice Claim? »

The reasons why it is important to hire a lawyer for a medical malpractice claim are: to receive compensation for the economic and non-economic damages you have suffered, an experienced malpractice attorney can collect evidence, analyze witness and expert statements, establish liability, file paperwork, advise you on statement and agreements and negotiate with the party at fault.

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.