Florida Medical Malpractice Lawyer

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In 2008, more than 200,000 people died as a result of medical malpractice. Hundreds of thousands more are injured due to medical mistakes, negligence and other forms of malpractice. As a Florida resident, you have a right to sue if you feel you or a loved one has been the victim of malpractice. If you feel that you have been injured due to medical mistakes, or you are a family member of a loved one who has died due to medical mistakes, you will need to find an experienced medical malpractice lawyer or attorney in your area.

Medical malpractice can be defined as negligence committed by a health care professional resulting in physical and/or economic harm to a patient. A medical malpractice lawyer or attorney will have the ability to determine if you are a victim of medical malpractice by examining several factors that must be present to prove medical malpractice. Your lawyer or attorney may first determine if the case is even worthy of a malpractice suit. If it seems the case is lacking evidence, support, or isn't considered malpractice under the law, he or she may decline to represent you. Many law firms offer free consultations for this first step; don't give up if the first one you approach turns you down, as their decision may be in your best interest as well. When you do find someone to represent you, keep in mind that there is a lot of work involved for you and your attorney or lawyer. The burden of proof is on the victim in the malpractice lawsuit. Some of these elements of proof include breach of duty, duty of care, injury, and proximate cause.

While the elements of proof are fairly similar for every state, the prescribed standard of medical care varies state to state, as well as the way in which damages are awarded, and the amount of time allowed to file your claim. In Florida , you have two years (but no more than four years) after the injury is discovered to file your claim. The same amount of time is allowed for medical mistakes that result in death. In addition, punitive damages in excess of three times the claimant's compensatory damages (or $500,000, whichever is greater) are presumed to be unreasonable. Punitive damages are awarded by the court if they feel the compensated amount is not sufficient as a settlement. They are also meant to be a punishment to the defendant. Florida's voluntary arbitration scheme also provides a cap on non-economic damages under certain circumstances.

Many times, a hospital representative may approach a malpractice victim and offer a quick settlement in return for not bringing a case to trial. They may tell you that you don't need a lawyer to do this. However, it is in your best interest to still get a lawyer or attorney on your side. They'll be able to handle the legal aspects of the settlement and advise you on the true value of your claim. Don't go in unrepresented, as the hospital may take advantage of your situation.

A Florida medical malpractice lawyer or attorney will be able to help you understand healthcare and medical malpractice laws like these in order to help you recover any damages you are entitled to. Medical malpractice attorneys will typically focus on several areas of medical malpractice. These may include some or all of the following: anesthesia negligence, nursing home injuries and negligence, pharmaceutical negligence, birth injury, emergency room errors, surgery errors, medication errors, cerebral palsy, and brain damage, to name a few. Because medical malpractice law is a highly specialized field, it's best to seek out attorneys and lawyers whose main focus is medical malpractice law.


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