17 Jan

Medical Malpractice FAQ

General

Medical Malpractice Lawyer

FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE

Medical malpractice is an unknown area of the law for most patients who suffer errors on the behalf of medical professionals, and thousands of victims of surgical errors and misdiagnosis go without the compensation they deserve because they do not seek legal counsel. If you have suffered injury on the part of a medical professional who you trusted, you can find the answers to your questions and concerns when you contact The Florida Law Group.

Our experienced Tampa medical malpractice lawyers at our firm understand your situation. The payout amount for medical malpractice lawsuits depends on the skill of the attorney, and our firm is prepared to go the extra mile for your case. To help you determine whether or not you should seek a claim, we have provided the following frequently asked questions about medical malpractice and our experience with various medical malpractice lawsuits.

Learn More About Your Options & Rights Below.

What is medical malpractice?
Any medical professional such as a nurse, medical doctor, surgeon, or dentist is expected to provide health care that meets the accepted standards for that profession and the patient’s specific circumstances. Treatment which deviates from the accepted standard of care according to similar healthcare professionals and that results in injury to the patient is called medical malpractice. In order to recover compensation in a subsequent lawsuit, however, one must be able to show that the healthcare professional provided subpar care and that their negligence resulted in an economic or non-economic loss of some kind. It is not enough to simply show that a doctor has made a mistake.

Can I file a medical malpractice suit if I signed a consent form?
A signed consent form does not relieve a doctor of his or her responsibility to provide an acceptable standard of care. The success of your claim for damages rests upon proving that you were injured as a result the doctor’s negligence, so you should not be deterred from pursuing a case against them if you consented to a treatment that they suggested. They are still liable for any subsequent errors in judgment and/or mistakes caused by carelessness if you are injured as a result.

If I already have a settlement offer, why do I need an attorney?
Health insurance providers who have paid medical bills can place liens on any settlement amounts which you may receive. Our Tampa medical malpractice attorneys can negotiate with these providers to ensure you receive fair compensation and calculate the amount of compensation you are likely to receive after all liens have been satisfied. Hospital claims adjusters are intent on settling for the least amount possible. Most people who are represented by an attorney recover a greater amount in damages.

How do I know if my condition is the result of malpractice?
It can be difficult for the patient to know. Even if you consult with another doctor, you may not get a definite answer to your question. The best way to find out is to have a qualified medical malpractice lawyer investigate your case for instances of negligence. They will be able to review the circumstances that have led to your injury and/or illness and more accurately determine whether or not you have a valid case to pursue.

What should I look for if I suspect medical malpractice?
The most obvious indications are that the provider took too long to diagnose or begin treatment, a condition became worse after treatment, or an unexpected bad result occurred such as paralysis, brain damage or death. Be especially suspicious if the doctor or provider cannot give you a logical and satisfactory explanation for a worsened condition. If, at this point, you still believe that malpractice has occurred, the next step should be to contact an attorney. From there, they will be able to conduct a more thorough investigation of your case.

How long do I have to file a medical malpractice lawsuit?
In the state of Florida, a wrongfully injured patient has a limited amount of time to pursue a lawsuit. Since all medical malpractice cases are subject to a statute of limitations, legal action should be taken as soon as circumstances allow. Specifically, however, a victim will have two years from the date of their injury to file an official lawsuit and subsequently pursue compensation. If the injury was not immediately discovered, one would then have two years from the date of detection to take action-but no more than four years can elapse from the date that the negligent act occurred.

Will I have to take my case to court?
Although most personal injury cases are settled outside of court, it may be necessary to pursue a medical malpractice case through trial. Since these cases are often complex in nature, you may have a more difficult time negotiating a fair settlement. This is not to say that this cannot be done, however, as a substantial number of related claims are resolved through mediation. But at the end of the day, the nature of your allegations will dictate the course of the subsequent legal process. Fortunately, you can rest assured that you will stay informed when you enlist the help of The Florida Law Group.

More Questions? Call 813-513-9537 Today.

Our legal team provides sound advice and compassionate legal assistance to those who have been injured by medical negligence. We are professional but aggressive in our dealings with defendants and are not deterred by the various tactics they may use to avoid providing full compensation. Speak with a respected medical malpractice lawyer at The Florida Law Group for more information on how we can help you.

Contact our firm for help before it is too late.