We look for signs that the standard of care was not met.
We work with qualified medical experts.
We decipher whether negligence played a part in your case.
We fight to prove that your injury resulted from the substandard care.
Sean M. Cleary
Top Rated Medical Malpractice Attorney in Miami
Medical Malpractice in Miami
As the third leading cause of death in the country, medical malpractice causes approximately 250,000 people to pass away every year in the U.S. In Florida, between 3,000 and 5,000 deaths occur annually due to medical malpractice and over 2,000 cases are filed against physicians.
However, the law is consistent with the rights of the patient. Thus, payment for a medical malpractice claim takes place every 43 minutes. Only 5% of the financial compensation results from jury verdicts. The rest is recovered through settlement before trial, ranking Florida as fifth in the U.S. for payments made to patients. According to statistics, 13% of doctors who have five malpractice cases against them were disciplined.
If you are the subject of a medical malpractice case, you should take all the necessary measures in order to prove that a medical professional was negligent in offering care or treatment. Generally speaking, an injured patient must be able to prove the following:
the existence of a doctor-patient relationship and a duty owed by the health care professional to the patient (plaintiff);
breach of duty of care which means that you have to prove medical professional's deviation from the standard of care;
a causal connection showing the actual medical deviation from the standard of care and the injury of the patient;
proof of the damages or injuries suffered (physical, financial, psychological or otherwise);
Even though the majority of medical professionals try to do their best in treating their patients, medical malpractice due to negligence still occurs. Medical malpractice takes place when the actions of a healthcare provider, facility, physician, or nurse fall below or deviate from the appropriate standard of care and cause an injury to the patient.
With over 20 years of professional experience, our law firm has successfully handled and obtained financial compensation for all types of medical malpractice cases which can occur, including:
Misdiagnosis, one of the most frequent medical malpractice cases, occurs every day in Florida. It entails a person going to a hospital with distressing symptoms and the medical professionals working in the hospital failing to recognize the condition of the patient, which is often a medical emergency. Therefore, numerous people are sent home with a wrong diagnosis or, even worse, are told they are fine when, in fact, they are experiencing a life-threatening condition.
Oftentimes, the medical professionals working in the emergency room are too busy, as they have to deal with a lot of patients at a time, and are thus not carefully listening to what the patient is saying. Consequently, they quickly conclude that the individual has a certain problem without taking the medical investigation a step further and looking at all the possibilities. If proper healthcare measures were applied, doctors and nurses would properly diagnose patients and, when they could not figure out what their condition is, they would order additional tests until a correct diagnosis is assigned.
The injuries medical malpractice can result in vary in severity. Nevertheless, if you are a victim of medical malpractice, you are eligible for compensation regardless of the type of injury you sustained following medical negligence. Below are the most common injuries medical malpractice may cause, from the most serious to the least life-threatening:
Significant permanent injury
Major permanent injury
Quadriplegia with brain damage
Minor permanent injury
Major temporary injury
Minor temporary injury
Medical malpractice often leaves patients with catastrophic injuries, unable to care for themselves, and with a very poor quality of life. Usually, in addition to the permanent help the injured person may need, the family will also face lifelong medical debt.
As medical malpractice is one of his areas of practice, our attorney will be able to offer you legal assistance with serious injuries such as deep vein thrombosis and paralysis, as well as other life-altering conditions resulting from negligence.
What Can You Recover If You File a Medical Malpractice Claim?
Whether you file a claim against a medical professional, such as a nurse or a doctor, or a hospital, we will thoroughly review your case and provide you with quality legal advice. The financial compensation you will obtain after we pursue a medical malpractice case on your behalf will cover the following aspects:
Medical costs - economic damages which include the cost of your treatment and healthcare
Lost wages - economic damages covering the monetary loss incurred because of missed work
Physical and emotional distress - non-economic losses due to emotional injuries
Wrongful death - in the regrettable event a person loses their life because of malpractice, additional damages may be recovered in Florida, including loss of companionship
How Can The Law Offices of Sean M. Cleary Help in a Medical Malpractice Case?
Once you acknowledge you were injured because of the negligence of one or multiple medical professionals, we strongly advise you to contact our law firm as soon as possible. We will promptly review your situation and decide whether you have a case worth pursuing. If you do have a case, you will only need to provide our attorney with documents that prove your injury, such as medical records, and we will take over from there.
Our legal experts will investigate every aspect of your case and we will strive to recover the maximum amount of compensation you are eligible for from the defendant.
It is important to know that we work on a contingency fee. Therefore, you will not be required to pay us anything unless we obtain compensation from the party at fault on your behalf. Afterward, we will keep between 34% and 40% of your financial compensation in exchange for our legal services.