Miami, Florida is the only city in the United States founded by a female. Julia Tuttle was a local citrus farmer and former Cleveland native when she convinced the Florida East Coast Railroad to expand into the area and Miami officially became a Florida city with just over 300 residents. Since officially becoming a city of its own in 1896, Miami has continually expanded in area and increased in population. By the 1940s, Miami’s population was over 170,000 people and today the city is home to over five and a half million people.

Nicknamed the Magic City because of its tremendous growth, Miami keeps with its original roots of being founded by a female as having one of the highest birth rates in all of Florida. As birth rates increase so, do birthing accidents. Florida law protects infants under a special program that compensates the families of babies who are hurt during the birthing process due to medical malpractice or disregard for safety. The Florida Birth Related Neurological Injury Compensation Act (NICA) provides families with reimbursement for disastrous birth injuries. Under the NICA, families do not have to prove that anyone person is at fault. Reimbursement costs include hospitalizations, medical care, travel expenses, rehabilitative care, special equipment, medication, and attorney’s fees. Parents may also receive compensation in amounts up to $100,000 for lost wages during treatment or care. Before accepting a NICA settlement, it is important that parents/family members consult with a medical malpractice attorney, because once you settle under the NICA, you forfeit all rights to any future malpractice claims.

Health maintenance organizations (HMOs) are cropping up everywhere. HMOs are managed care health organizations that contract physicians to practice medicine under their guidelines. Companies with over 25 employees enroll in HMOs to save money on insurance. The problem with HMOs is that the organization, not the physician, allows and restricts medical procedures and prescription drugs. HMOs are extremely common in Miami, as is Medicaid (state subsidized insurance) and Medicare (federal government insurance for people age 65 and over). Although some HMO, Medicaid, and Medicare providers are exceptional clinicians, there are many who are not. Typically, healthcare providers who accept Medicare, Medicaid, and HMO insurance are paid less per visit, surgery, or other procedure than providers who only accept private insurance and cash. This puts the financially disadvantaged at even more of a disadvantage when ot comes to medical care.

In Florida, subrogation claims are brought about by Medicaid, Medicare, and HMOs against a medical malpractice victim, in order for these organizations to receive repayment for medical expenses that they have already paid out. Therefore, if you settle out of court on a medical malpractice claim with a hospital, insurance company, or some other health service, you may have to pay back another entity for previously paid medical costs. For example, go into the hospital for a total hip replacement on the left joint due to advanced arthritis. Unfortunately, the orthopedic surgeon replaced the right hip rather than the left one. Medicaid paid 100 percent of your hospital and doctor bills. Instead of consulting a Miami malpractice attorney, you decide to settle with the hospital’s insurance company for one hundred thousand dollars. This may sound good at first, but take into consideration Florida’s subrogation claims. Medicaid will most likely require that you pay them back 100 percent out of your settlement money. The average cost of a hip replacement is $50,000; add to that time off work, physical therapy, and home accommodations. In addition, you still need the left hip replaced.

A well-informed Miami malpractice attorney knows this before it happens because they deal with cases just like yours every day. Victims are too close to the situation to act objectively in their best interest, which is why if you suspect you or someone you know is a victim of medical malpractice, you must consult an attorney immediately.