FAQ: Medical Malpractice Questions

Can I file my medical malpractice or medical negligence claim anytime after I am injured?

The answer to that is no. The statute of limitation in Florida may be as low as two years, but on top of that you’ve got procedures and processes you’ve got to follow before you can even file a lawsuit in a medical malpractice action. You should actually check with a qualified lawyer as soon as you feel you might have a medical malpractice claim and let them work you through those procedures.

Can I sue a chiropractor for medical malpractice?

Yes, like any other professional if they commit a malpractice you can file a sue against them. There has been cases where they’ve done manipulations and people in there being paralyzed on the left side of their body or the right side of their body. They’re responsible for that just like any other medical provider.

Do I have to pay my insurance company back out of a recovery for medical malpractice?

Well, any of the bills that the insurance company paid that were due to the medical malpractice, you will have to reimburse them for. In some cases, you have got to reimburse them a 100%, in some cases less. The lean laws are very complicated. They want to have a qualified council to handle the lean for you.

Do I need an attorney for my Florida medical malpractice case?

Absolutely. In Florida, medical malpractice laws are very complex. Not only do you need to have an attorney, you need to have an attorney who’s experienced in handling medical malpractice claims to process the case for you.

How common is medical malpractice?

Unfortunately, very common. The American Medical Association projects that hospitals and doctors kill over 100,000 people a year in the United States from medical malpractice. That’s the projection of the American Medical Association. You can guess what the real numbers are.

How difficult will it be to win my Florida medical malpractice case?

In general terms it’s very difficult. The medical malpractice laws are written for the benefit of the healthcare community, your attorney’s are going to have to hire experts and witnesses to come in to support the case. It’s going to be very expensive and it’s very difficult to win a medical malpractice claim but we do win them.

How can I afford to hire an attorney to represent me in a medical malpractice case?

If you have a viable medical malpractice claim, you shouldn’t have any problem hiring an attorney and being able to afford it. Attorneys that handle medical malpractice claims handle them on a contingency fee basis, which simply means that you don’t pay any fees or costs unless you win the case. There should be very little cost to you initially.

What do I do if I think I have a medical malpractice claim?

The first thing you should do in a medical malpractice claim is to call an attorney. There’s some claims you can handle on your own, but medical malpractice is not one you’re going to want to try. Also, medical malpractice laws are very difficult and the statute of limitations are very short. In some cases in Florida, as low as two years. Again, if you have a medical malpractice claim or you think you do, you need to contact a qualified lawyer.

What do I need to bring to the initial consultation with my attorney in my Florida medical malpractice case?

You should bring anything you feel might help the case. Obviously if you have medical bills, medical records, you could bring them. Many people over the weeks and months that it takes usually to determine there’s a medical malpractice case, they’ve kept some kind of a log or record of what went on from day one. If you have that record, you should bring it.

In addition to that, before you come in if you don’t have a log like that, you should actually sit down, you and other members of your family and write out a detailed summary of everything that happened from day one to today and that’d really help move the case along.

What documents should I bring with me to my medical malpractice lawyer consultation?

You should bring everything you have, in many cases medical malpractice has been going on for quite awhile and people have kept diaries or journals of what’s been going on. That’s very important. If you have any medical records, medical bills, and if they didn’t provide some summaries before you commend, write out a detail summary, what’s occurred from day one to that present day it will help dramatically and speed things up.

Why do many attorneys turn down medical malpractice cases?

Well some attorneys are unqualified to review the cases. For the ones who are qualified to review them, they also turn down many of the cases because quite frankly, in Florida they’re extremely difficult. The laws are written in favor to health care providers. They’re very expensive, you’ve got to hire experts and other people and so for that reason many cases are turned down. Many more are turned down than are taken.

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