A Guide to Finding a Good Florida Malpractice Lawyer
These days, it’s a hot legal issue. Why? Because health has become a serious topic for many, and without a doubt when you’re handed over to the whim of MDs to perform surgery that could very well end up tragic, someone has to be held accountable.
If you live in the Sunshine state, know this: that’s where a good Florida malpractice lawyer can come in handy. Because the fact remains: you feel you’ve been wronged, you want retribution, you want a sense of peace. And possibly the only way you can get that peace is to show that your doctor at the time performed below expectations, resulting in something less than desirable.
FL Malpractice Lawyer: The Rundown on Everything You Need to Know
Malpractice lawsuits are a big deal. So you need to be well-informed. To start off, though, you need to ask one simple question: do I have a case?
In addition, you’ll find common questions asked about malpractice, statutes for the state of Florida, and case reports. If you’re going to get into this situation, you want the very best in a Florida malpractice lawyer in your corner. So take notes.
FL Malpractice Lawyer: So Do I Have a Case?
Thankfully, some firms provide a free consultation. That’s the first step. Before jumping into that arena with Florida malpractice lawyers, you actually have to know that you have a good chance of winning your case and obtaining a kind of justice for the wrong committed either on yourself or a loved one.
The consultation may include several pieces of information –
• Patient’s Name
• Patient’s Age, Sex, Marital Status
• The Names of All Doctors in the Alleged Malpractice
• A Detailed Description of the Malpractice
• The Date the Malpractice Occurred
• The Result of the Malpractice
• Your Full Name, Address, and Relationship With the Patient (If Not the Patient)
• Home or Cell Phone Number
• Work Number
• E-Mail Address
And possibly more. It all depends on the firm or attorney. The more detailed you are, the more accurate of a response you’ll get as to whether or not the Florida malpractice lawyer sees a definite case.
So you’ve obtained your free consultation, and your Florida malpractice lawyer sees a true certainty. Good for you. Now what?
FL Malpractice Lawyer: Don’t Sit Back and Relax:
Know the Law
These statutes specifically reside in Florida, but know this: they’re not a replacement for consulting with your Florida malpractice lawyer on your specific case. They are, however, good to know for your own sake. After all, it was your body and mind that endured the malpractice – either by watching your loved one suffer, or yourself suffer.
• 766.106 et seq INDEX TO PRE-SUIT SCREENING AND ARBITRATION STATUTES
This essentially defines the malpractice and outlines your deadline for filing such a claim. It’s necessary to read carefully every word in it due to the specific nature of what constitutes a ‘claim for medical negligence’ or ‘medical malpractice.’
One of the most important things you have to know – if Florida malpractice lawyers haven’t already told you – is that a ‘malpractice’ is a situation either directly happening during the procedure or surgery, or a result occurring after the procedure or surgery but directly related to the procedure or surgery.
That simply means you can’t claim medical negligence for catching the flu in the hospital without proving that the procedure or surgery in which you were a patient at said hospital directly resulted in your infection.
• 766.301 et seq INDEX To NICA STATUTES (Birth-Related Neurological Injury Act)
These particular statutes that many Florida malpractice lawyers might throw around when involving newborns can get even trickier – because it outlines just what a ‘birth-related neurological injury’ is.
Specifically, though, if you’re case is in regards to your newborn baby suffering a ‘birth-related neurological injury,’ specific findings against a doctor should include multiple insurance claims for it to even be considered a ‘good case.’
In other words, the doctor who helped deliver your baby better have a ‘bad reputation’ if you want to win a malpractice lawsuit.
Other statutes within a medical malpractice lawsuit as stated by any Florida malpractice lawyers would include:
• 768.116 et seq Florida Wrongful Death Act
• 400.022 Nursing Home Residents’ Rights
• 95.11(4) Statute of Limitations
• 458.320 Financial Responsibility
• 766.102 Standard of Care
• 766.103 Informed Consent
• 766.104 Pleading Requirements
• 766.110 Liability of Facilities
• 768.28 Sovereign Immunity
• 766.112 Comparative Fault
• 768.13 Good Samaritan Act
• 768.73 Punitive Damages
• 768.76 Collateral Sources
• 415.1115 Speedy Trials
Take a deep breath. There’s a lot there. But good Florida malpractice lawyers can help with that – if you find the right one. And a good one.
FL Malpractice Lawyer: Case Reports
Recognize that whatever Florida malpractice lawyer you choose may not be a ‘perfect’ one. But that’s only because of your specific case. It’s not all black and white. That’s what the free consultation is for, though: to determine whether it’s black or white.
But here are a few case reports in the past:
Plaintiff’s complaint may allege medical negligence theory that was not specifically alleged during pre-suit screening. Columbia / JFK Medical Center Limited Partnership v. Brown 805 So.2d 28 ( Fla. 4th DCA 2001).
Social Security retirement benefits are not a “collateral source” for purposes of pre-suit arbitration. Barlow v. North Okaloosa Medical Center , 809 So.2d 71, ( Fla. 1st DCA 2002).
County court case against dentist properly dismissed where plaintiff failed to go through pre-suit screening process. Hord, D.D.S. M .S. P.A. v. Taibi, 801 So.2nd 1011, ( Fla. 4th DCA 2001).
All of these cases are unique in their own right – but firmly grounded in the statutes of medical malpractice. This makes it even more crucial that you consult as many Florida malpractice lawyers as possible to get a well-informed opinion about your case.
FL Malpractice Lawyer: Just a Few Common Malpractice Questions
Just know that it doesn’t give you an air of stupidity at all to even ask these questions, because obviously the arena of medical malpractice is an intense one. Many Florida malpractice lawyers will tell you that. So they’ll understand. Pick and choose, though, which ones you’d need to ask based on what you need to know or what you don’t know at all.
• What Is a Statute of Limitations?
• What Is a Subrogation Claim?
• What Are Punitive Damages?
• (And this is an important one) ….What If No One Will Take My Case?
The last one can really be the downfall of any suffering from malpractice. It’s a matter of fact: you may come across the situation that no attorneys at all would be able to take your case.
But all is not lost. Medical regulatory boards or agencies can help with your case if you feel that there has truly been an injustice. Only time will tell.
Until then, though, seek the truth. And hopefully you’ll come out the winner.