Frequently Asked Questions about Medical Malpractice
Malpractice lawsuits are based on the assertion that the negligence of a doctor or other healthcare provider injured someone or caused their death. The Florida Statutes (Title XLV, Chapter 766) address medical malpractice and define a professional standard of care. That definition says that care and treatment must be viewed as appropriate based on what a “reasonably prudent” health care provider would do in similar circumstances. Mistreatment, surgical errors, diagnosis errors and the like may result in malpractice lawsuits.Is there a time limit to file a medical malpractice action?
Florida Statutes specify that medical malpractice actions must be filed within two years. But how is that two years determined? The law says that the clock begins when the incident causing the alleged injury occurred. Or the action must be filed within two years of the time the situation is – or should have been – discovered. Other conditions may apply based on your individual circumstances. Your medical malpractice attorney at Freeman Injury Law can advise you.Don’t most physicians have malpractice insurance?
Not necessarily. While Florida law requires doctors to have specified amounts of malpractice insurance in order to practice their profession, the law also allows them to forego insurance, instead guaranteeing that they have set aside assets to be used if a claim is made. There are other circumstances under which a physician may avoid having to have malpractice coverage. Even if a doctor has purchased medical malpractice insurance or has designated assets to be used if a claim is filed, difficulties may arise in trying to collect settlements.Are there limits on the amount of compensation I can receive?
Limiting the amount of damages awarded for medical malpractice is a controversial undertaking. Although some state laws try to place limits on the compensation that can be awarded to victims of malpractice, individuals have contested those limits. As a result, laws limiting damages are changing constantly. In Florida, legislators have battled over reforms that would cap malpractice claims, and they continue to do so. An attorney specializing in medical malpractice actions can provide you with up-to-date information on the status of award claims in Florida.Does malpractice happen with some illnesses more than others?
Health Grades Inc. reports that some diseases have been associated with medical malpractice suits that result in awards. Those illnesses include several types of cancer – lung, breast, colon and rectal – along with appendicitis and heart ailments. Analysis suggests that the major issues with those illnesses arose from allegations that they weren’t properly diagnosed or that they weren’t diagnosed in time to enable suitable treatment to be given.Why do I need a lawyer to handle my medical malpractice claim?
Laws regarding medical malpractice remain unsettled in some states. Even when legislation has been passed, it has been contested. An attorney who specializes in medical malpractice will have current knowledge of the laws that pertain to your particular situation. Further, medical malpractice allegations differ as much as individuals’ medical treatment plans do. Only an attorney who is experienced in analyzing medical records, healthcare providers’ qualifications, the capabilities of hospitals and other involved facilities can determine the true extent of your damages. In addition, hospitals and physicians who are represented by extensive legal staffs and large insurance companies are formidable opponents when malpractice is alleged. You deserve someone on your side who has the power and knowledge to fight for your rights and ensure that any negotiations take place fairly.
At Freeman Injury Law, medical malpractice attorneys can provide you with the expert advice you need in order to understand the complicated laws and procedures involved in medical malpractice claims. When you bring your questions about medical malpractice to our legal staff, we take the time to explore your unique situation and identify your needs. Our attorneys have the resources required to serve your interests effectively. You’ve been injured – you deserve the best help you can get to help ease your pain and suffering. Contact the medical malpractice lawyers at Freeman Injury Law to request your free, confidential consultation.