Tag: medical-malpractice
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What Is Wrongful Death Malpractice?
When a healthcare provider or medical facility causes harm to a patient, it is considered medical malpractice. In instances where a patient dies as a result of medical malpractice, their family members or designated representatives may file a wrongful death claim to seek financial remuneration for the harm caused by the loss. While not every…
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How does a medical malpractice lawsuit function?
Even though reminiscent of other personal injury claims, the investigation and court proceedings can become more intricate. The criterion for medical malpractice necessitates plaintiffs to substantiate more than an unfavorable outcome. They must affirm that the unfavorable outcome resulted from the healthcare provider’s negligence in adhering to acknowledged medical norms. Simply demonstrating that the doctor…
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What Defines Medical Negligence?
Healthcare providers engage in medical negligence when they fail to follow accepted medical standards and cause harm to a patient as a result. For instance, a doctor in the emergency department may adhere to all protocols and make utmost efforts to save a car accident victim; however, if the patient still succumbs, this does not…
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How much time do I have to file a lawsuit against the parties who are legally accountable for my personal injuries?
How much time do I have after my injury or attack before I need to initiate legal proceedings? How much time do I have to file a personal injury claim in Florida after my car accident? If you have suffered injury following a car accident, under Florida law, you are granted a period of four…
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What are the primary factors behind malpractice cases?
What constitutes a claim for Medical Malpractice? What defines a medical malpractice case? Medical malpractice occurs when a healthcare provider’s negligent or careless behavior fails to meet the accepted standard of care within the medical community and results in harm to a patient. The standard of care is determined by the prevalent expertise and knowledge…
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Why is it necessary to hire a medical malpractice lawyer?
Individuals who have suffered from medical malpractice often encounter expenses such as medical bills, loss of income, and physical and emotional distress. Additionally, the legal teams of influential players in the healthcare sector can hinder the process of obtaining the necessary compensation for these injury-related costs. A law firm will advocate for your rights, even…
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What should I bring to the initial consultation with my lawyer in my Florida medical malpractice case?
When you meet with me for the first time, bring any materials that you find useful or applicable. For instance, journals, detailed notes of the incident, memories of relevant events, and photographs. If you possess any medical records, please bring them along with any prescriptions. Essentially, bring any element that aids in putting the whole…
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What percentage of doctors face lawsuits for medical malpractice?
A study conducted by a reputable medical journal revealed that 1% of physicians are accountable for 32% of the filed malpractice claims. Additional research indicates that up to 5% of physicians are responsible for half of the malpractice cases brought forward.
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Where can my Florida medical malpractice case be filed?
Medical malpractice cases must be filed in either the county where the incident or injury occurred, so for example, the county where the healthcare facility is at or where the healthcare provider’s office is located, or where the injury occurred, if that’s somewhere other than the healthcare facility.
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What will the opposing party argue against me in my Florida medical malpractice case?
In my experience, all healthcare providers representing the opposing party deny liability. They claim that either they did nothing wrong or, even if they did anything wrong, it wouldn’t have made any difference anyway. The number one defense is to blame the patient.
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What constitutes negligence?
Negligence is a legal concept and it pertains to the failure to exercise proper care. In the state of Florida, if an individual suffers an injury as a result of someone else’s negligence, they have the right to initiate a civil lawsuit against the responsible party. Therefore, negligence is a legal concept that holds significance…
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Why do many lawyers refuse to take on cases involving medical negligence?
A common reason attorneys decline medical negligence cases is due to the intricacies and high costs associated with such litigation. To illustrate, pursuing an average medical negligence case may entail around $100,000 in expenses, which include payments for expert witnesses, filing fees, and deposition costs. Thus, unless a patient has suffered severe injuries, it often…
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What is the time limit set by law for filing a personal injury lawsuit?
What is the time limit for initiating a personal injury case? In the state of Florida, the period within which you must file most personal injury cases is two years starting from the occurrence. It is essential to seek advice from a legal professional at the earliest opportunity, as any delays may affect the strength…
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Who can file a complaint to the state regulatory board or the state disciplinary board?
Short answer: Any individual. Dissatisfied patients or clients, relatives of patients or clients, insurance companies, dissatisfied current or former employees, competitors, hospitals, and state agencies commonly lodge complaints with the state regulatory board. The board also scrutinizes medical malpractice settlements and news outlets to identify potential professional misconduct.
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What should I do if I have a legal claim against another individual or organization?
What should I do if I have a legal claim against another person or entity? You should promptly consult with an attorney so that your claims may be presented to the relevant Court. There are strict “statutes of limitation” that dictate the time frame within which you must file a lawsuit. The statutes of limitation…
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How Much Do Insurance Companies Pay for Pain and Suffering? – Simplified for High School Students
– The insurance company considers a variety of factors when calculating pain and suffering damages, such as lost wages, medical expenses, and therapy costs. – In Florida, injuries must be permanent in order to be compensated for pain and suffering. – It is important to keep and organize all documentation, bills, and receipts related to…
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Time Limits for Construction Design Mistakes in Florida
– Design professionals such as architects and engineers in Florida may face malpractice claims arising from their professional services, which are subject to a two-year statute of limitations. – In addition to professional malpractice claims, design professionals may also face causes of action arising from services rendered in the design or planning of construction projects,…
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Filing a Lawsuit for Personal Injury
– The statute of limitations to file a personal injury claim in Florida is four years, but it is three years if the claim is against a government entity, and/or two years in medical malpractice matter from the date the person knew or should have known that their injuries were the result of a third…
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Resolving Business Disputes: SGR Law Experts Can Help
– The American litigation process is different from systems in other industrialized nations. – There are two principal court systems in the United States: the courts of the individual states and the federal courts of the United States. – The state court system in Georgia is comprised of two courts of general jurisdiction handling most…
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“Changes to Florida Medical Laws to Protect Patients: What You Need to Know”
– HB 837 replaces Florida’s pure comparative fault system with a modified comparative fault system. – Under the new system, claimants found to be at least 51% liable for an incident cannot seek reparation from the other party. Uniformity in Proving Damages for Medical Expenses – The legislation establishes a uniform evidentiary threshold for proving…
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Changes to Florida’s Shared Fault Law: What High School Students Should Know
– Governor Ron DeSantis signed a tort reform bill, HB 837, into law on March 24, 2023. – The bill brings sweeping changes to Florida civil tort law, including a shift from pure to modified comparative negligence. – Comparative negligence allows for damages to be awarded based on the degree of fault of the plaintiff…
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“Winning a Wrongful Death Case: Legal Requirements”
– Wrongful death in Florida is defined as occurring when a person or entity causes another person’s death by a wrongful act or negligence. – Only the personal representative of the deceased person’s estate is allowed to file a wrongful death claim in civil court in Florida. – Surviving family members may be able to…