Florida Medical Malpractice Guide
The Florida Medical Malpractice Guide was created by Norden Leacox Accident & Injury Law to help residents who have been injured in an accident obtain maximum compensation for their claim.
What is Medical Malpractice?
Medical malpractice can happen to anyone at any time. It is a scary thought, but it is a truth that many experience. You can experience it any time, from the moment you were born through adulthood. Birth injuries are a huge problem in medical malpractice cases. Even going into the doctor for a broken bone could result in improper casting, resulting in a terrible infection if it goes unchecked. Sometimes, the worst of the cases are amputations to the wrong body part or surgeries done on the wrong patients. Not as damaging as amputation, the more minor cases can be pharmacy errors which can still cause severe amounts of trouble for patients. The list goes on. If you believe that you were harmed by a negligent or careless medical professional you may be eligible for a competition award.
You would be the plaintiff in this case. You are the one who is going to be asking the insurance company that represents the liable party to give you the results you deserve. The liable party would be the nurse doctor or pharmacist who was careless or negligent and directly caused you harm. Insurance companies that represent medical care professionals are notoriously hard to deal with and get results from. That’s why you want to make sure that you get a very supportive and fierce lawyer on your side. Our Orlando medical malpractice lawyers work hard and tirelessly to get you results that are fair and also full.
The damage that you suffered from a medical malpractice case might be temporary or it could be permanent. Unfortunately, the only way to know the full extent of your damages is to get yourself in front of a doctor to get treatment. This may be very difficult for you if you are experiencing trauma after being treated improperly by medical care professionals, but it is a necessary thing that has to happen in order for you to get better.
Tips for a Successful Medical Malpractice Claim
Although you may feel helpless right now, please understand that there are things that you can do to strengthen your case. The first step to building a strong case is to get the right Orlando medical malpractice lawyers on your side. These cases are hard fought and are seldom done without lawyers to help.
We understand that it can be intimidating to think that you’re going to be hiring a lawyer, but they are only there to help you win. And don’t worry about the cost of a lawyer, because we do not charge you unless we win your case. Even then, when the case is won, the payment comes from the award— it does not come directly out of your pocket.
We strongly advise you meeting with a lawyer for a free consultation as soon as possible so that you can understand what mistakes to avoid making. Something that we see a lot of people do is they get on the phone with the insurance company representing the medical care professional and they give them a recorded statement. This is a mistake because the insurance company is trained to get specific answers out of you that will weaken your case and take responsibility off of their plate. You don’t want that because you end up with unfair results in the end. Please have your lawyer take up communication with the insurance company for you.
It’s likely that the insurance company representative that you’re speaking to is going to feel like they’re helpful and want to resolve your case quickly for you. Quick results here, however, are not going to be the best bet for you because the first settlement offers that insurance companies usually offer you are often extremely low and do not nearly cover the damages that their insured cost you.
Choosing An Orlando Medical Malpractice Attorney
I was having a discussion the other day with a friend of mine, and he asked me, “How do you decide and choose the proper attorney in a medical malpractice case?” Well, here in Orlando, you want to make sure that you find someone that really focuses on that area of the law, someone that is not only knowledgeable with respect to the law but with respect to the medicine. This is a very unique area of the law, and it is important that you find someone who is knowledgeable and experienced in dealing with medical malpractice claims. You also want to make sure that you find a trial lawyer, someone who has experience with properly working up medical malpractice claims and preparing them to go to trial. If you or a loved one has been injured as the result of a medical malpractice, please contact us.
Common Mistakes During A Medical Malpractice Claim
Typical mistakes that we see in these medical malpractice cases are similar to other types of cases. First of all, never speak to the insurance company. They are looking out for themselves. They are looking out for the doctor that may have made a mistake. They are not looking out for you. They are obtaining that recorded statement to use later against you in your case.
Number two, don’t sign anything. Many times, insurance companies will look to try to resolve the case very quickly, likely before you know the full extent of the damages, and for an amount of money that is far below full value.
Number three is don’t try to resolve the matter yourself without seeking the advice of counsel. We see this all the time— people resolve their cases and then come back a few years later and realize the true extent of their injuries. At that point, it’s too late. If you believe you or a family member has been injured as the result of medical malpractice, please contact us. We’re here to help.
Recently, I received a phone call from a potential client asking me about communication errors in a medical malpractice context here in Orlando and what those are. The answer is there are system failures, and they can result in numerous adverse consequences, including delayed diagnosis, improper medical care, and improper treatment, and this can cause severe harm to the patient. It is important to hire an attorney who is knowledgeable and understands where these communication errors can be found in order to identify them and make full recovery for your case.
If you or a loved one has been injured as the result of medical malpractice, please contact us. We’re here for you.
Cost Of A Medical Malpractice Lawyer
Recently, I had a potential client reach out. One of their major concerns was, “How much does a medical malpractice lawyer cost here in Orlando?” The answer is we work on a contingency fee, which means, if we don’t make a recovery, either through a verdict at trial or through a settlement, you don’t pay anything. There is no hourly rate, so there is no risk of running up expensive legal bills by seeking a consultation from us.
If you or a loved one was injured as a result of medical malpractice, please contact us. We’re here to help.
Determining A Medical Malpractice Case
Just the other day I had a client reach out to me about a potential medical malpractice case who wanted to know what was required to have a claim here in Orlando. With medical malpractice cases, each case is very fact-specific to that individual case. With that being said, that makes it extremely important to hire a knowledgeable attorney, who focuses in the area of medical malpractice, because it is important that that person, the attorney then, hires the necessary experts to evaluate the case and determine if malpractice occurred and to complete the affidavit stating that there was indeed a breach of the standard of care.
If you or a loved one has been injured as the result of medical malpractice, please contact us. We’re here to help.
Medical Malpractice Case Going To Trial
Last week I was on a phone call with a client, and the client asked me if I thought his case would go to trial, specifically his medical malpractice case. I told him it depends. About 95% of all cases don’t even make it to litigation. Less than one percent of the cases that go to litigation typically result in going to trial. However, at our firm, we prepare every single case as if it’s going to trial, and the insurance companies know who the trial attorneys are that actually take cases to trial and who just prepare cases for settlement. It is essential that to obtain top dollar from the insurance companies, your case is prepared and ready to go to trial if necessary.
If you or a loved one has been injured as the result of medical malpractice, please contact us for a free consultation.
Medical Malpractice Case Value
Last week, I received a phone call from a client asking how to determine the value of their medical malpractice case here in Orlando. The answer is there are a lot unique, specific facts for each individual’s case that go into that. It’s going to depend on the extent of the injuries. Was it something that can be repaired or fixed? Is it something that can’t be repaired, that’s going to require life-long treatment and future medical care? Has it impacted their ability to work? Has it impacted their ability to get employment in the future? How has it impacted their family life, their interaction with their wife, husband or children?
All of these things determine the value of the medical malpractice claim. That’s why it is extremely important to hire a knowledgeable, well-trained trial attorney that can perform a proper evaluation of your case. If you or a loved one has been injured as the result of medical malpractice, please contact us for a free evaluation.
Medical Malpractice Settlement Timeline
Recently, a new client reached out and asked how long his medical malpractice case would take. Here in Orlando, there are numerous factors that go into how long a case can take. One of those is the significance of the injuries. The second is the pre-suit process that is required here in Florida, specifically with respect to medical malpractice lawsuits. They require that you go through this process and that you actually retain experts who will execute an affidavit indicating that medical malpractice has occurred before you can even get to the point of filing a lawsuit. Then, once you file a lawsuit, it could be 18 months to 24 months before the matter is resolved if it requires going to a jury trial.
It is because of this that it is extremely important that you hire a knowledgeable, educated trial lawyer who understands medical malpractice claims. If you or a family member has been injured due to medical malpractice, please contact us. We’re here to help.
Speaking to Insurance After a Medical Malpractice Injury
Do I think it’s a good idea to speak to an insurance company regarding your medical malpractice case? A question we typically receive from clients is, “Should I speak with the insurance company when I’ve been involved in a potential medical malpractice claim?” The answer is, no, you should not speak to the insurance company. First, you need to speak to your lawyer and hire a well-trained, knowledgeable, experienced lawyer that deals with medical malpractice claims and deals with the insurance companies on a daily basis.
These insurance companies are professionals. They know what they’re doing. They likely want to obtain a recorded statement for their benefit, and it’s our job, as the attorneys, to protect you from that. If you’ve been injured as the result of a potential medical malpractice claim, please contact us.
Last week I received a call from a potential client asking if they had a medical malpractice case, as a procedure was performed and they were not aware or informed that the procedure was going to take place. The answer is, yes, there’s likely a case, but it certainly depends on the damages. That’s why it’s extremely important to hire a knowledgeable, well-trained medical malpractice attorney to properly evaluate the case and make a determination of the strengths and weaknesses in the value of your individual case. If you or a loved one has been injured as the result of medical malpractice, please contact us. We’d be happy to help you.
Wound Care Medical Malpractice
Last week, I had a client reach out and contact me about their wounds getting worse after undergoing medical treatment in Orlando, and they asked what they should do. The first reaction I had was to tell them to immediately seek medical attention. Those can become infected. It can get much worse and result in permanent injury, even death.
The next thing to do is to speak to an attorney and determine if you have a potential medical malpractice claim, and, should that have happened, could it have been prevented, and was the standard of care not met by the treatment you received? To do that, you need to make sure that you hire a knowledgeable, experienced trial lawyer that has handled many, many medical malpractice cases. If you or a loved one has been injured as the result of medical malpractice, please contact us for a free consultation.
Call Orlando Medical Malpractice Lawyers
No one should have to suffer through being a victim of a negligent or careless doctor or medical professional. It can be some of the worst suffering that people can go through. We understand this is a very difficult time for you. Take the first step of getting the justice you deserve for the damage you’re suffering from. Call us as soon as you can to set up a free initial consultation. Our Orlando medical malpractice lawyers are here to help you get through this and get the justice you deserve.
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