MEDICAL MALPRACTICE

1. What is medical malpractice?

Medical malpractice is the failure of a health care provider, such as a doctor or a hospital, to provide a patient with appropriate treatment which is at least equal to the accepted standard of care recognized by other providers with similar training in the same field. Medical malpractice can occur from not acting or by acting improperly.

Examples of malpractice include, but are not limited to: Failure to detect or diagnose a disease in a timely manner (This could be from not properly reading an x-ray or other diagnostic test); Leaving a sponge inside the patient at the end of surgery (this happens a lot more than most people know); Diagnosing an incorrect condition and pursuing the wrong course of treatment.

2. How do I know if I've been the victim of medical 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 medical malpractice, but not always. Getting a second opinion from a second doctor is sometimes a good idea. Many times getting a second opinion before surgery is also a good idea. If your doctor's explanation does not make sense or you don't have a good feeling about how things are going, seeing another doctor for a second opinion is usually a good idea. Do not be afraid of offending the first doctor. If the first doctor is offended, it may be time for a new doctor.

It is extremely difficult for you to determine if you have been the victim of medical 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 medical 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 arrangements 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 medical 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 could take a few months, or drag out over a year. Most cases are settled out of court and therefore, 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.

[Back to Areas of Practice]