Answers To Your Initial Questions About Medical Malpractice Claims

As nationwide leaders in medical malpractice law, Kurzban Kurzban Tetzeli and Pratt P.A. in Miami has established an exceptional record of holding negligent health care professionals accountable for malpractice. Because our attorneys have helped countless victims achieve significant results, we often receive many inquiries about our medical malpractice services. Here are a few answers to some of the most basic questions about medical malpractice that our Florida-based law firm receives:

Do I have a medical malpractice case?

This is perhaps the biggest question potential clients have, but it's one that no website can ever answer. Each case will be determined by its unique set of facts. Only an in-depth, personalized consultation with one of our lawyers can tell you whether your case has merit.

How do I know it's malpractice?

Legally speaking, health care providers commit malpractice when they fail to uphold the acceptable and reasonable standards of care set by their profession. That means that not every negative medical outcome constitutes malpractice. In many cases, health care providers do everything correctly and negative outcomes still occur, unfortunately.

To bring a malpractice claim, then, you need the outside opinion of a medical expert who can testify that your doctor, nurse, anesthesiologist, surgeon or other health care provider acted negligently and failed to uphold the accepted standards of care for your diagnosis or procedure. This expert must hold a professional health care degree and work in a similar field to the defendant.

How do you find a medical expert?

Some firms have their own in-house health care professionals, like nurse practitioners or former physicians. We do not, because we believe such resources undermine a case's credibility in court because of perceived bias. Our lawyers often travel to Johns Hopkins and Harvard to consult with department heads and other experts in various fields of medicine when building our medical malpractice cases. We also front the costs of hiring these top medical experts in the hopes of recouping those costs from a successful verdict or settlement.

What are my rights as a patient?

As a patient in Florida, you have the right to information about your diagnosis, prognosis and treatment options. You also have the right to know the full costs of pursuing any particular treatment, as well as the risks associated with it. Furthermore, you should be treated with dignity throughout the duration of your medical procedure or hospital stay.

Finally, you have the right to express grievances against a hospital or health care professional. Health care providers must provide patients and their families with information on how to file a complaint. You may also seek compensation for proven medical negligence. Our law firm can help you with this final step, taking decisive legal action if you indeed have a valid medical malpractice claim.