HOSPITAL MALPRACTICE

1. What is hospital malpractice?

Hospital malpractice is very similar to medical malpractice, except that the malpractice is committed by the failure of a hospital or a hospital's employee.

2. How do I know if I've been the victim of hospital malpractice?

In the event of a death, an autopsy may reveal that malpractice has taken place. If your condition deteriorates unexpectedly, this could be a sign of hospital malpractice, but not always. If you obtain a bad result, it could be malpractice or it could be that the hospital did everything right. Getting a second opinion from an outside expert may help.

It is extremely difficult for you to determine if you have been the victim of hospital malpractice. That is why it is important to seek out a qualified attorney who deals with these types of cases. The attorney can assess your case. Most qualified hospital malpractice attorneys will provide you with a free no obligation consultation.

3. Will I have to pay for an attorney?

Most attorneys will represent you based on a contingency fee. That means the attorney will only get paid if you obtain a money judgment. The attorney gets a percentage of the amount recovered. If there is no recovery, there are no attorneys fee paid. You will be responsible for expenses, however. Those expenses will have to be paid, even if you win, out of the proceeds. All contingency fee arrangement must be in writing. The fee agreement must state the method by which the fee is determined and the percentage that the attorney will get in the event of a recovery. If you would like to schedule a free no obligation appointment with a personal injury attorney who handles hospital malpractice cases, click here.

4. What if I already have an attorney and am dissatisfied?

The Florida Bar publishes a Statement of Client Rights. When you originally signed your retainer agreement, you should have been given a copy to keep. If you were not given a copy or do not have copy, you can get a copy from the Florida Bar by clicking here.

5. How long will the case take and will I have to go to court?

The length of each case will depend on the facts and the insurance company involved. It is rare that you will need to go to court for a trial. You may need to be deposed. Giving a deposition is being sworn to tell the truth and answering questions under oath by one or more attorneys, usually in a law office or a court reporter's office.

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