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Home / Practice Areas / Personal Injury and Wrongful Death / Medical Malpractice and Professional Negligence
Personal Injury and Wrongful Death

Medical Malpractice and Professional Negligence

Doctors are human, and humans make mistakes.

Unfortunately, when a doctor commits a mistake, it can lead to pain, disfigurement, permanent disability, or death. A medical malpractice or negligence lawsuit is often the best—and sometimes only—form of recourse.

There are many ways medical malpractice can happen, and an experienced medical malpractice attorney will understand the intricacies of each and how to get justice. Some obvious examples of medical malpractice are when a doctor leaves a surgical instrument in a patient’s body or fails to use proper equipment. Another more common form of medical malpractice is misdiagnosis. If a doctor missed disease indicators that the doctor should have found, such as cancerous tumors, then the patient can file a medical malpractice lawsuit.

Medical malpractice can also occur with “overdiagnosis” or “misdiagnosis.” Overdiagnosis is when a doctor tells a patient that he or she has a disease that they do not actually have or that will never actually affect them. This can lead to psychological stress and unnecessary treatments. A medical malpractice lawsuit for the pain, suffering, and cost of treatment involved in an overdiagnosis is the best way to hold a physician accountable if he or she did not adequately assess the patient.

Misdiagnosis is a form of medical malpractice that attorneys argue when a doctor fails to correctly diagnose a medical condition. Failure to warn is another, often overlooked, form of medical malpractice. Doctors have a duty to warn of potential complications from a form of treatment. Failing to inform a person of side effects, risks, or alternative options can lead to a medical malpractice lawsuit.

If you or a loved one has suffered from a doctor’s mistake or negligence, you need an experienced medical malpractice lawyer, and you need one fast. That is because the statute of limitations (the time limit to file a medical malpractice lawsuit) is only two years in Florida unless the claim involves fraud or concealment. There are also things that you need to do before filing the lawsuit, and the medical malpractice attorneys at Mase Mebane Seitz can walk you through every step of this process.

Florida law requires that a medical malpractice lawsuit claimant serve a 90-day notice to all potential defendants prior to filing a medical malpractice lawsuit. At or before the end of the 90 days, each prospective defendant can reject the claim, make a settlement offer, or admit liability and compel arbitration to determine damages. You also need an affidavit from a doctor who works in the same field as the negligent doctor. For example, a claim against a neurologist will need an affidavit from a neurologist. The affidavit must state that you have a viable malpractice lawsuit. Otherwise, your case will be dismissed.

The attorneys at Mase Mebane Seitz in Miami work closely and frequently with doctors across the country. We front the expensive costs of these expert doctors. If you don’t get paid for your claim, then you don’t pay for the expert’s time.

Not every mistake, however, will lead to a viable claim. The burden is on you, the plaintiff, to show the medical professional did not follow the required professional standards. There may be a reasonable dispute among medical professionals as to what those standards are under the circumstances. To succeed in obtaining a large medical malpractice settlement or judgment, you need creative, smart, and dedicated medical malpractice lawyers on your side. You need Mase Mebane Seitz in Miami, Florida.

Medical malpractice may be the most complicated form of professional negligence, but it’s not the only one. Financial professionals—including accountants, stockbrokers, and financial planners—owe you a duty to act reasonably. They also owe you a fiduciary duty, meaning they must act in your best interest. When handling your money, though, some are tempted to misappropriate funds for their own benefit. You deserve justice if a financial professional acted unprofessionally with your hard-earned money. Financial malpractice doesn’t have to be intentional. Financial professionals must meet a certain level of competence determined by industry practices. If they made a mistake, you may be able to recover what you lost, and the lawyers at Mase Mebane Seitz can help in a financial negligence lawsuit.

Architecture, engineering, and construction are other areas in which you can file a professional negligence lawsuit to recover damages.

All too often in South Florida, we hear stories about bridges, buildings, and other structures failing, and people getting hurt. These stories frequently arise because someone took a shortcut in design or used improper materials to save money. You should not have to bear that cost. The attorneys at Mase Mebane Seitz in Miami, Florida, can help you recover what you deserve if someone did negligent work on your house, business, or otherwise, and you suffered injury or loss. Click here to learn more.

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