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
Top Rated Medical Malpractice Attorney in Miami
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.
Types of Medical Malpractice Cases
Even though most of the medical professionals try to do their best in treating their patients, medical malpractice due to negligence still occurs. Medical malpractice occurs when the actions of a medical provider, facility or physician or nurse, fall below, or deviate, from the appropriate standard of care and cause an injury to the patient. At The Law Offices of Sean M. Cleary, we have successfully handled all types of medical malpractice cases, including:
Misdiagnosis occurs every day in Florida. A person goes in a hospital, he or she has certain symptoms, maybe the symptoms of a stroke, maybe weakness, or the symptoms of a headache and the doctor or nurses don’t do enough tests to recognize the patient's condition.
Sometimes, the doctors and nurses are too busy and are not listening to what the patient is telling them. They conclude the patient has a certain problem without taking the investigation a step further and looking at all the possibilities. The doctor gives a wrong diagnosis and sending the patient home, misdiagnosing the condition, putting the patient's life in danger. The patient is sent home and later comes back in an emergency situation.
The responsibilities of the medical professionals is to properly diagnose patients and when they can’t figure out what their conditions are, they have to do more tests until a diagnosis is in place (also called a differential diagnosis).
We have successfully handled and continue to represent medical malpractice injured patients with stroke and heart attack. Despite having symptoms and signs of a stroke or a heart attack, our clients have been discharged too soon from hospitals, only to suffer a stroke or a heart attack short time after being discharged and sent home by the hospital employees or their doctors. Among other injuries, our clients sustained brain damage and paralysis.
Medical malpractice often leaves patients with catastrophic injuries, unable to care for themselves and with a decreased quality of life. Usually, in addition to the help a loved one may need, there is a possibility the family will face lifelong medical debt. Catastrophic injuries caused by malpractice are avoidable; so, you may be able to hold a doctor or other professional liable for damages. Some examples of medical malpractice catastrophic injury include the following:
Deep vein thrombosis (DVT). This is a medical condition that happens when a blood clot forms within a deep vein of the arms, pelvis, or legs. Sometimes these clots move through the bloodstream and block blood flow to the leg leading to amputation or block the blood flow in the lung in what is known as a pulmonary embolism. When a patient is seriously injured or dies due to a failure to diagnose DVT, the health care professionals may be liable for medical negligence.
Spinal cord injuries. Misdiagnosis or surgical mistakes may result in disabling spinal cord injuries. Many times, spinal cord injury results from a health care professional’s error when treating a person for a condition not related to the spinal cord. Examples of medical errors that lead to paralysis or other spinal cord injuries include failure to diagnose a tumor that injures the spinal cord; medical error during surgery; undiagnosed spinal cord infection or epidural abscess; medical error in administering a spinal block or spinal anesthetic.
Our medical malpractice lawyer deals with deep vein thrombosis, paralysis and other catastrophic injuries resulting from medical malpractice. If you would like legal advice at no cost and with no further obligation just call us or complete the contact form to contact our law office.
Medical malpractice damages may account for:
Medical costs: economic damages which include the cost of all treatments and care covering for the negligence, including ongoing care that may be required in the future
Lost wages: economic damages covering the monetary loss incurred because of missed work
Pain, suffering and emotional distress: non-economic losses because emotional injuries do not have a specified dollar amount
Wrongful death: in the event that malpractice leads to death, additional damages may be obtained in a Florida wrongful death action, including loss of companionship for family members
How Can We Help After You've Suffered a Medical Malpractice Injury?
Sean Cleary, the Miami-based medical malpractice lawyer, can assist with your case if you were injured because of a healthcare provider’s, nurse or hospital negligence. Contact The Law Offices of Sean M. Cleary to discuss your options for filing a medical malpractice claim. We have a long history of taking on medical malpractice cases and recovering significant compensation for our clients.
The unique approach of combining the best legal practices in the field with close collaboration with renowned medical professionals and experts has always brought us the best verdicts and settlements.
Whatever the error may have been, a mistake by a medical practitioner is a serious legal matter that must be addressed by an experienced medical malpractice specialist. You must act quickly, as there are key deadlines to meet in any medical malpractice case.
We offer an initial free consultation to review your case and represent our clients on a contingency fee basis, which means that if we don’t obtain compensation for your losses, you do not pay us legal fees or any type of costs.
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.
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.
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.
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.
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.