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Medical Malpractice Questions

Answers to Your Medical Malpractice Questions
Florida Medical Malpractice Specialists > Medical Malpractice Questions

Medical Malpractice Questions

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.

What Is Medical Malpractice?

Many people incorrectly believe that “malpractice” describes conduct that is worse or more serious than simple “negligence,” but that is not the case.

What Makes A Good Medical Malpractice 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.

Where Do I Start My Medical Malpractice Case?

The best place to start if you think you might have a medical malpractice case is to retain a medical malpractice lawyer.

What Is The Statute Of Limitations For Medical Malpractice?

A statute of limitations is a time limit set by law which creates a deadline for filing a lawsuit.

Where Will My Medical Malpractice Case Be Filed?

The rules about where to file a medical malpractice suit are slightly different from state to state.

Will A Judge Or A Jury Decide My Medical Malpractice Case?

In most states you will have a right to a jury trial if you want one.

How Long Will My Medical Malpractice Case Take?

The average time from beginning to end varies from city to city and state to state, usually ranging from one to six years.

Do I Need A Lawyer For My Medical Malpractice Case?

Hospitals love it if a patient will negotiate and settle with them without retaining a lawyer.

What Are Attorney Fees In A Medical Malpractice Case?

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.

Will I Have To Pay Expenses Of My Medical Malpractice Case?

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.

What Should I Expect From My Medical Malpractice Lawyer?

There are four things you should expect from your lawyer: honesty, advocacy, diligence, and communication.

How Do I Find A Good Medical Malpractice Lawyer?

Of course we hope you will consider The McMillen Law Firm.

What If No One Will Take My Case?

Was your case rejected by another attorney or law firm? Do not hesitate to talk to more than one lawyer about taking your case.

How Does The Wrongful Death Act Discriminate?

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.

Are There Caps On Damages?

Some states have enacted laws which put caps or limits on the maximum amounts people can recover in medical malpractice or other injury cases.

Can I Get Punitive Damages?

Punitive damages are an amount of money awarded by the jury designed to punish the defendant for misconduct that was particularly bad.

What Is A Subrogation Lien Or Claim?

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.

What Tactics Will The Defendants In A Medical Malpractice Case Use?

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.

Do All Doctors Have Medical Malpractice Insurance?

The short answer is no. Fortunately, some doctors and virtually all hospitals carry insurance.

What About Birth Injuries Caused By Medical Malpractice?

In most states these types of claims are handled like other medical malpractice claims, however, two states (Florida and Virginia) have adopted special programs.

Are Nursing Home Cases Medical Malpractice Cases?

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.

What Is Informed Consent?

Informed consent is a concept that varies from state to state, and is often governed by a specific statute.

Are HMOs Immune From Suit?

There is no short answer to the question of whether HMOs are immune from lawsuit in malpractice situations.

Where Can I Find Other Medical Malpractice Cases?

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.

How Do I Get My Medical Records?

In Florida, with very few exceptions, a patient has a legal right to obtain copies of his medical records.

Where Do I Send Complaints About Medical Malpractice?

To file a complaint against a Florida doctor you contact the Florida Board of Medicine.

Where Can A Doctor Buy Medical Malpractice Insurance?

There are a number of companies that sell medical malpractice insurance in Florida.

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.

Do you believe that you or a loved one have been the victim of medical malpractice? Please let us review your case.

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