Answers to Frequently Asked Questions about the Medical Malpractice Law

medical-malpractice

Medical malpractice, as the term suggests, is wrongdoing on the part of the medical practitioner that leads to the injury or the death of a loved one. Before you file a medical malpractice lawsuit in Fort Lauderdale, it is important that you know everything there is to know about medical malpractice law in Florida. This will help you understand the merits of your case (so that you do not waste time, energy, and money on a case you are unlikely to win) and it will help you understand what you should seek as compensation.

 When should you file a medical malpractice lawsuit in Fort Lauderdale?

The law allows you to file a medical malpractice lawsuit in case of misdiagnosis, delayed diagnosis, failure to diagnose, failure to respond to fetal distress in a timely manner, failure to ask for consent prior to a procedure, equipment failure, error in the administration of anesthesia and in medical procedure, and adverse reaction to medication among other causes of action. You should also file a lawsuit if a medical practitioner fails to inform you about the risks and alternatives to a particular treatment.

What do you expect to get from a Medical Malpractice Lawsuit?

Under Florida law, you are entitled to seek compensation for damages to cover medical expenses, loss of income, loss of future income, wrongful death (loss of long-term care), and pain and suffering. The amount to be compensated for pain and suffering varies from one jury to the next. There is a damages cap in Florida. You cannot get more than $500,000 for non-economic damages such as pain and suffering following medical malpractice in Fort Lauderdale.

What is the Statute of Limitation?

The statute of limitation is the time within which you are allowed to file a lawsuit under the law. In Florida, the statute of limitation is 2 years. There are, however, limited extensions and exceptions based on such things as whether fraud was involved and when the negligence was discovered.

What do Lawyers Charge?

There is a limit as to how much you should pay your lawyer. This is capped at 40% of the first $1,000,000, 30% of the amounts between $1,000,000 and $2,000,000, and 20% of amounts over $2,000,000.  Note that you expect to part with 5% more if you appeal the case. It is important that you note that the mandatory pre-suit is expensive. You should, retain a lawyer who works on a contingency fee basis. If no recovery no attorney fees are owed.

Under the law, you have to prove that the medical practitioner had a duty of care towards you, that this duty of care was violated or breached, that you suffered a compensable injury, and that the injury was as a result of the breach or violation of duty by the medical practitioner?

 What are the Responsibilities of a Medical Malpractice Lawyer?

You should hire a lawyer who practices medical malpractice for all local cases. Hiring a lawyer gives you unparalleled convenience and allows you to recover from your injuries, heal from emotional/psychological pain, and/or resume your job. It is the responsibility of your lawyer to find out what or who was at fault (to conduct investigations), to check the track record of the responsible medical practitioner, to file the relevant paperwork, to negotiate in out-of-court settlements, and to argue in motions and in trial. A good lawyer will go the extra mile and to find expert witnesses to testify in your favor.

 

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