Florida Medical Negligence

How Do I Know If I Have a Medical Negligence Case?

 

Florida Medical Malpractice

At Cohen & Blostein, our medical malpractice division is dedicated to helping victims of medical negligence secure the justice and compensation they deserve. Medical malpractice can lead to severe, life-altering injuries, and understanding your rights is the first step in taking legal action. This comprehensive guide provides an overview of medical malpractice claims in Florida, detailing the types of injuries, the presuit process, and important legal concepts. We also offer practical advice on preventive measures and mitigation of damages.

Types of Medical Malpractice Injuries and Claims

Medical malpractice can occur in various forms, leading to a wide range of injuries. Our firm handles numerous types of medical malpractice cases, including but not limited to:

Each of these types of cases requires careful investigation and expert testimony to establish that medical negligence occurred.

The Presuit Process in Florida

Before filing a medical malpractice lawsuit in Florida, claimants must go through a mandatory presuit process. This process is designed to encourage the settlement of claims before they reach the court. Here’s a detailed overview of what the presuit process entails:

1. Notice of Intent to Initiate Litigation

The first step is to notify the healthcare provider of your intent to file a lawsuit. This notice must include:

• A detailed statement of the claim
• An affidavit from a medical expert stating that there are reasonable grounds to believe that medical negligence occurred

2. Investigation Period

Once the notice of intent is served, there is a 90-day period during which both parties investigate the claim. During this time:

• The healthcare provider’s insurer will review the claim and conduct an internal investigation.
• Both parties may exchange relevant medical records and other evidence.
• The healthcare provider may require the claimant to undergo a physical examination by an independent medical professional.

3. Response from the Healthcare Provider

After the investigation period, the healthcare provider must respond to the notice of intent by:

• Rejecting the claim
• Offering a settlement
• Proposing arbitration to resolve the claim

4. Filing the Lawsuit

If the claim is rejected or a satisfactory settlement is not reached, the claimant can proceed to file a lawsuit. The presuit process is a crucial prerequisite and failure to comply with these requirements can result in the dismissal of your case.

Additional Considerations

Gathering Evidence

To build a strong medical malpractice case, it is essential to gather comprehensive evidence, including:

• Medical Records: Detailed documentation of all medical treatments and procedures.
• Expert Testimony: Statements from medical experts who can explain how the standard of care was breached.
• Witness Statements: Testimonies from nurses, doctors, or other medical staff.
• Photographs and Videos: Visual evidence of the injuries sustained and quality of life after the injury, including any photos and videos shared on social media sites.

Choosing the Right Attorney

Selecting the right attorney is critical. Consider the following:

• Experience: Look for an attorney with extensive experience in medical malpractice cases.
• Track Record: Review the attorney’s success rate in similar cases.
• Resources: Ensure the attorney has access to medical experts and investigators, and that the law firm has the ability to essentially finance your case (hire experts and court reporters and cover other litigation costs pending recovery).
• Compassion: Choose an attorney who understands your situation and is committed to advocating for your best interests.

The Legal Process

Understanding the legal process can alleviate stress. Here’s a brief overview of what can be a long process, depending on the complexity of the case and the number of parties and witnesses involved:

• Initial Consultation: The attorney evaluates your case and discusses your options.
• Presuit Investigation: The attorney acquires substantive medical records, gathers evidence and consults with medical experts to determine if there are sufficient grounds for a lawsuit or for presuit settlement negotiations.
• Filing the Lawsuit: A formal complaint is filed if a viable case is established.
• Discovery Phase: Both sides exchange information and evidence.
• Settlement Negotiations: Efforts are made by all the parties to reach a fair settlement before trial.
• Trial: If a settlement is not reached, the case proceeds to trial for a verdict.

Important Concepts

Standard of Care

The standard of care refers to the level of care and skill that a reasonably competent healthcare provider would provide under similar circumstances. To prove medical malpractice, you must show that this standard was breached.

Causation

Causation is the link between the breach of the standard of care and the injury sustained. You must demonstrate that the provider’s negligence directly caused the injury.

Damages

Damages refer to the compensation sought for the harm caused by medical malpractice, including both economic damages (e.g., medical expenses) and non-economic damages (e.g., pain and suffering).

To obtain any award in a medical malpractice case, you must be able to prove all three: (1) that the healthcare provider breached a standard of care, (2) that this breach caused the injury, and (3) that you have suffered damages as a result of the negligence and injury.

Preventive Measures and Mitigation of Damages

Preventive Measures

Taking preventive measures can reduce the risk of medical negligence:

• Regular Check-Ups: Attend all scheduled medical appointments.
• Research Providers: Choose reputable healthcare providers with a strong track record.
• Ask Questions: Don’t hesitate to ask your healthcare provider questions about your treatment.
• Advocate for Yourself: Speak up if something feels wrong or if you don’t understand your treatment plan.
• Second Opinions: Seek second opinions for major medical decisions.

Mitigation of Damages

Mitigation refers to the actions you take to minimize the impact of an injury. In the context of medical malpractice, this can involve:

• Following Medical Advice: Adhere to the treatment plans and recommendations provided by your healthcare providers.
• Seeking Timely Medical Attention: Address complications or issues as soon as they arise to prevent further harm.
• Documenting Your Care: Keep detailed records of your medical treatments and any issues that arise. This documentation can be critical in proving your case.

By understanding your rights and the steps involved in pursuing a medical malpractice claim, you can make informed decisions and protect your interests

How Are Costs Handled by a Plaintiff’s Attorney?

One of the biggest concerns for potential claimants in medical malpractice cases is the cost of hiring an attorney. In plaintiff cases, attorneys customarily offer a contingency fee arrangement to make legal representation accessible to everyone, regardless of their financial situation.

Free Initial Consultation

The first step in pursuing a medical malpractice claim is the initial consultation. This consultation is free of charge and allows our experienced attorneys to evaluate your case. During this meeting, we will:

• Review Medical Records: Examine your medical records and other relevant documentation to assess the viability of your claim.
• Discuss Your Case: Listen to your account of the events, including any signs of negligence you observed and the impact of the injury on your life.
• Determine Grounds for a Case: Provide an honest assessment of whether there are sufficient grounds to pursue a medical malpractice claim.

Contingency Fee Arrangement

If we determine that your case has merit, we will proceed on a contingency fee basis. This means:

• No Upfront Costs: You do not need to pay any upfront fees or retainers to hire our firm.
• We Finance the Case: Our firm will cover all the costs associated with investigating, preparing, and litigating your case. This includes expenses for medical records, expert witnesses, court fees, and other necessary costs.
• Payment from Settlement or Verdict: We only get paid if we win your case. Our fees, along with the costs we advanced, will be deducted from any settlement or verdict we secure on your behalf.

Benefits of Contingency Fee

• Risk-Free Representation: Since you do not have to pay anything upfront, you can pursue justice without the risk of financial hardship.
• Incentive for Success: Our attorneys are motivated to achieve the best possible outcome for your case, as our payment is directly tied to the success of your claim.
• Focus on Your Recovery: You can concentrate on your health and recovery, knowing that your legal and financial concerns are being handled by experienced professionals.

By offering a free initial consultation and working on a contingency fee basis, we ensure that everyone has the opportunity to seek justice and compensation for medical malpractice, regardless of their financial situation.

While the general information on this page is intended to help you understand some of the complexities of medical negligence, it does not constitute legal advice. For personalized guidance and assistance with your legal needs, contact Cohen & Blostein today to schedule your free consultation.