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Medical Malpractice Attorneys in Florida

A lot of people in Florida fall prey to medical negligence and nursing home abuse every year. Florida attorneys with expertise in handling medical malpractice cases can help victims recover damages. The article discusses how medical malpractice attorneys in Florida help medical malpractice victims.

Among different forms of personal injury, medical malpractice is perhaps most frightening and devastating. Negligence on the part of medical practitioners puts the life of the patients on stake. Patients are taken to physicians for treatment; it is very frustrating when the condition of the patient deteriorates because of the negligence and irresponsible behavior of the physicians, hospital or the clinic. Consequently the recovery process is elongated and the entire process becomes a lot expensive.

All the states have incorporated laws to protect consumers’ rights against medical negligence. In Florida, medical malpractice laws are quite strict. However, along with protecting consumer rights, Florida medical negligence laws also look after the goodwill of the medical practitioners in Florida.

Law makes it compulsory for lawyers to submit written statement confirming the fact that his or her client has a genuine case. If investigation proves that the case was built up just to insult a physician, the lawyer is held responsible for defaming the physician. Medical malpractice lawsuits can be filed in Florida court of law only when there is strong evidence supporting the victims. It is suggested that the victims consult Florida medical malpractice attorneys immediately after the negligence occurs. Attorneys who have been working for medical malpractice victims for many years can be of great assistance to prove a genuine case in court. Competent attorneys obtain reports, records, statements and evidence from various sources and finally prepare the plan of action to establish the rights of the victims in the court of law. The job of medical malpractice attorneys in Florida is not easy. They need to overcome a lot of huddles. Apart from handling all the legal issues directly related to the case, they need to complete many more legal formalities.

Responsibilities of Medical Malpractice Attorneys

1. Decide if the case falls under medical malpractice laws or not. Sometimes bereaved family members decide to bring medical malpractice case against the physician who was in charge of their near and dear one out of personal grievance. Hence, it becomes the duty of medical malpractice attorneys to determine if the case has solid base or not. Cases filed to defame the physicians are not only dismissed, but the lawyers handling such case are held responsible as well. So the lawyers need to be careful while taking up the case.

2. Most personal injury, medical negligence and wrongful death cases go through ‘no win no fee’ route. Hence, it is the responsibility of medical malpractice attorneys or law firm to bear initial financial matters and investigation expenses. Sometimes medical negligence cases go for years and the lawyer can recover their fees only when the case completes successfully. So the lawyers should be prepared to stand all the financial burdens.

3. Florida medical malpractice attorneys need to do feasibility study of each medical malpractice case properly before submitting the lawsuit in Florida court of law. They should invest their time and money only if there are enough chances of getting significant return. Otherwise, out of court settlements can be a wise option.

4. Medical malpractice attorneys should have some medical knowledge as well. They may also need to consult with physicians to understand the ins and outs of the case. Senior lawyers who have been overseeing medical malpractice cases for many days should be called on to prepare the right plan of action and to ensure success of the case.

By Markus Skupeika

Medical Malpractice Attorneys

 

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This post was written by admin on November 24, 2009

Tags: attorneys, florida, lawyers, Medical Negligence, nursing home abuse

Do You Have a Medical Malpractice Case? – Here’s an Important Tip

Here’s a simple, yet effective tip for protecting your medical malpractice case.

If you are serious about taking a medical malpractice case before a jury, be sure that you have written documentation for evidence. The more evidence that you document, the more credible your claim appears to the jury.

This is a simple step and all that is required is writing down what happens as the patient is receiving medical attention. This type of “journal” has many benefits. The first one, as stated above, makes the patient’s version of events and the overall case appear more credible to the jury or judge. It also helps prevent possible errors, even if the medical malpractice claim is not being contemplated.

One example of documentation could be if a nurse or physician forgets to treat a patient with a certain dose of medication. The patient’s family might then remind the medical staff, so that the patient does not suffer as a result of the poor medication management. Afterwards the family should then document the times and dosages of medicine administered to the patient. This helps prevent another medication mishap, and to avoid an overdose if it had not been documented by a nurse.

When documenting the events, be sure to portray your actions as helpful and understanding. If you act as if you are threatening and second guessing, it may hurt your overall case because the defense lawyer will argue that you were building a case against them from the beginning.

In addition, documenting the events not only means to keep a written journal of what’s happening, but one should also be actively inquiring the nurse or physician about important events so that they can be charted accordingly. This is important as many times a nurse will forget to write vital information or events in their chart, because of a busy schedule or patient overload.

Active documentation on your part will help remind them of these events. In fact, often times the nurse will make more effort to chart the events more timely and accurately, since they know that someone is making their own records simultaneously. In all actuality, most health care professionals don’t mind it when someone is keeping a journal to be helpful.

Just be sure to stay calm and not act as if you are constantly interrogating the health care providers as this will insult them. The best way to document is in a quiet manner, gently asking important questions. Most physicians appreciate someone who has the patient’s best interest in mind.

If you think you have a medical malpractice case or need a medical malpractice lawyer, please visit our site. If you live in or around Dallas you may also visit our site on Dallas Medical Malpractice Lawyers

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Medical Malpractice Lawsuits – An Overview

A medical malpractice claim is filed by the injured party or someone acting on behalf of the injured party (e.g., executor of an estate in the case of wrongful death) against a defendant. The defendant can be the health care provider (e.g., specific doctor) as well as where they work (e.g., hospital, medical practice, etc.).

 

A plaintiff must be able to show the following four elements:

The defendant owed a legal duty of care to the plaintiff (generally if someone goes to a health care provider for treatment this is satisfied)
The duty was breached (this means that they acted in a way that was counter to their duty of care, unsuccessful procedures do not necessarily mean there was a duty of care breached)
The breach of duty caused an injury (if the injury existed prior to the treatment and there is no additional injury then this element is not satisfied)
Damages (pecuniary and/or non-pecuniary) must be established.

The plaintiff must be able to establish the above four elements in order to succeed in a claim against a defendant. It is important to note that if a medical professional is following standard procedures and the treatment does not work or even results in death it is not necessarily medical malpractice. It is only medical malpractice when it can be shown that the defendant breached a duty of care (acted negligently). Examples of this type of negligence include giving the wrong blood, prescribing the wrong medicines, and performing the wrong procedure.

 Only an experienced attorney apprised of all the facts of your case can determine if the four required elements can be met. It is important when discussing a case with an attorney that you provide as much information as possible including medical records. Damages awarded can include pain and suffering, loss of income, and compensatory and punitive damages. 

 By: Daniel Beasley

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If you are facing complex legal issues, the advice of medical malpractice attorneys, personal injury attorneys, or wrongful death attorneys is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.

 

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Settling Medical Malpractice Lawsuits

Medical malpractice is what occurs when medical professionals fail to give adequate treatment to patients and results in personal injury and substantial loss of income. Over 100,000 people die or sustain personal injury every year because of infections that they obtained in hospitals, unnecessary surgeries, and other medical errors.

 

 Many individuals don’t know what legal rights they have under these circumstances. That is why it is vital to retain a medical malpractice lawyer. He will know the medical laws and what is needed to submit a claim more quickly and accurately.

He will work with the hospital system and medical law and most of all, fight for your legal rights. Because malpractice law is so highly technical and specialized, it is very important that you obtain a qualified attorney. You should find how much experience he has in cases like this, how educated he is on current medical issues, how many cases he has taken to trial and the outcomes thereof.

The first thing you should do if you suspect medical malpractice is to obtain your medical records. Have your attorney examine and evaluate them to determine if malpractice did occur. If the case is strong enough, a written claim will be submitted to the parties responsible for the malpractice.

Many people think that if they filled out a consent form for a particular procedure that the doctor or surgeon is then absolved of wrongdoing. This is simply not true. The consent form may list possible side effects and risks, but it does NOT allow for a physician be irresponsible in administering treatment.

 

Malpractice lawsuits can be a long, expensive, drawn-out process. As a result, many doctors prefer to settle out of court to avoid damage to their reputation and practice. No hospital wants months, even years, of bad publicity. But there are some cases that do go to court and win as well. Some recent cases were awarded the following:

* Parents of a boy in Wisconsin were awarded $11.4 million after their son sustained brain injuries while in the care of a nurse and midwife at local hospital.

* In Massachusetts, a C-section was not performed quickly enough on an expectant mother. As a result, her son was born with severe brain defects due to a lack of oxygen. The lawsuit was settled out of court for $6 million.

* A doctor in West Virginia has had to pay $2.5 million to settle three different lawsuits as a result of several botched surgeries.

* The Cleveland Clinic settled a lawsuit out of court for $10 million to a woman whose son sustained permanent brain injuries. The records as to how he received those injuries are sealed.

* A $1.3 million settlement was reached in California when several deaths at an elderly care facility were linked to negligence and abuse.

* A breast cancer surgeon was forced to pay $9 million when a patient died. The patient had been in her care for some time but was not diagnosed with cancer until it was too late.

There has become quite a stigma to the filing of frivolous lawsuits. But if you or a loved one has suffered harm because of a medical professional’s negligence, then please do not feel that your situation is ‘frivolous.’ It is a serious matter and you need the law on your side to help you.

If you receive a medical malpractice settlement, it will likely not right the wrong that was performed, but it will give you the financial resources to get beyond it, and should also teach the doctor and hospital a lesson that they need to be more careful with the next patient so the same thing does not occur again for someone else.

 

 

 

     

 

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By: Jon Arnold

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For more insights and additional information about Medical Malpractice as well as finding many resources to help you pursue your medical malpractice suit, please visit our web site at http://www.malpracticeinfonow.com

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