Medical malpractice claims can be difficult to understand. You may have a lot of questions. We have tried to answer as many of those questions as possible below.
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Medical malpractice claims can be difficult to understand. You may have a lot of questions. We have tried to answer as many of those questions as possible below.
These answers only apply in Florida, as the laws and statutes that regulate medical malpractice vary from state to state.
Many people incorrectly believe that “malpractice” describes conduct that is worse or more serious than simple “negligence,” but that is not the case.
Each case is unique and should be considered on its own particular merits and details, but there are certain issues your lawyer will have to work through before deciding to accept your malpractice case.
The best place to start if you think you might have a medical malpractice case is to retain a medical malpractice lawyer.
A statute of limitations is a time limit set by law which creates a deadline for filing a lawsuit.
The rules about where to file a medical malpractice suit are slightly different from state to state.
In most states you will have a right to a jury trial if you want one.
The average time from beginning to end varies from city to city and state to state, usually ranging from one to six years.
Hospitals love it if a patient will negotiate and settle with them without retaining a lawyer.
Most malpractice cases are handled on a contingency fee basis, which means that you only have to pay the attorney a fee for his services if he obtains a recovery for you, either by settlement or trial.
In most cases the attorney will advance all the expenses or “costs” of the case, and then be reimbursed for these costs out of the recovery.
There are four things you should expect from your lawyer: honesty, advocacy, diligence, and communication.
Of course we hope you will consider The McMillen Law Firm.
Was your case rejected by another attorney or law firm? Do not hesitate to talk to more than one lawyer about taking your case.
When someone dies in Florida as a result of medical malpractice, the types of damages that may be recovered, and also who has a right to recover damages, is strictly controlled by the Florida Wrongful Death Act.
Some states have enacted laws which put caps or limits on the maximum amounts people can recover in medical malpractice or other injury cases.
Punitive damages are an amount of money awarded by the jury designed to punish the defendant for misconduct that was particularly bad.
If you have been injured and incurred medical bills because of the negligence of a healthcare provider, your medical bills may have been paid by Medicare, Medicaid, or a group health insurance company or HMO.
Besides trying to show that there was no negligence, or no damage caused by the alleged negligence, the defense may argue that something or someone else actually caused the injuries.
The short answer is no. Fortunately, some doctors and virtually all hospitals carry insurance.
In most states these types of claims are handled like other medical malpractice claims, however, two states (Florida and Virginia) have adopted special programs.
Nursing home cases in Florida may be like other medical malpractice claims, or they may be another type of claim altogether, depending on what was done wrong.
Informed consent is a concept that varies from state to state, and is often governed by a specific statute.
There is no short answer to the question of whether HMOs are immune from lawsuit in malpractice situations.
The place attorneys usually go to find medical malpractice cases are the two largest paid legal research online services, known as Westlaw and Lexis Nexis.
In Florida, with very few exceptions, a patient has a legal right to obtain copies of his medical records.
To file a complaint against a Florida doctor you contact the Florida Board of Medicine.
There are a number of companies that sell medical malpractice insurance in Florida.
As Florida medical malpractice specialists, we have helped hundreds of people. We understand the laws and statutes that control in malpractice cases and we are familiar with cases similar to yours.
Medical malpractice is one of the leading causes of death in the United States In fact, a recent study from Johns Hopkins suggests that medical errors are the third-leading cause of death in America.
When you or a loved one have been injured by a mistake made by a medical professional, we have the experience and the resources to handle the case. With over 40 years of experience and hundreds of wins, we are ready to handle your Florida medical malpractice case.
If you have any questions we didn’t answer or have other concerns we were not able to address, please contact us. We would be happy to help in any way we can.
For over 30 years we have specialized in medical malpractice in Florida.