How Do I Know if I Have a Medical Malpractice Claim?
First, our medical malpractice lawyers are experienced in knowing what qualifies as a medical negligence claim. So, we can review your medical incident in a no-obligation and complimentary consultation. And, we’ll let you know based on the information you provide if you have a claim.
One thing to remember is that medical malpractice cases have a statute of limitations. Actually, in Florida, claims may be barred after four years from when the negligence occurred. Thus, you need to file a medical negligence lawsuit within two years of discovering your injuries.
A medical malpractice claim also has to meet certain standards according to state law.
Violation of Standard of Care
Florida law acknowledges that medical professionals have to meet certain standards when performing acceptable medical treatment. And, this is referred to as the “standard of care.”
Every patient has the right to expect that their doctor or other healthcare professional will deliver them the care that is in line with that standard. So, if the standard of care hasn’t been met, then medical negligence might be established.
The Negligence Caused an Injury
A medical malpractice claim needs to show that a healthcare professional did more than violate the standard of care. Also, it needs to show that the patient sustained an injury. Otherwise, this injury wouldn’t have occurred if the medical professional hadn’t been negligent.
An outcome that you didn’t want isn’t malpractice. Therefore, your attorney has to prove that your healthcare professional’s negligence caused your injuries. But, if you have an injury that wasn’t caused by negligence, then you don’t have a case.
You’ve Incurred Significant Damages
A medical malpractice claim is very costly to litigate. In fact, multiple medical experts might be required to testify. However, for your medical negligence case to be viable, a patient will need to illustrate that their injuries resulted in significant damages.
If the patient’s damages were small, the cost of going to trial might be more than what the patient receives. So, a patient will need to show that their injury resulted in the following:
- Loss of income
- Disability
- Unusual pain
- Hardship and suffering
- Large future and past medical bills
Our lawyers will look at the above three factors when evaluating your case. And, if you meet these qualifications, we’ll move forward with your claim.
What Kinds of Damages Might I Receive?
A patient or the loved ones of a patient who passed away might receive damages for a medical malpractice case. In fact, the damages are supposed to compensate the victim or victims for their losses. They might include:
- Lost Wages: If you had to take time off of work to recover from your medical injury
- Medical Expenses: This can include doctor visits, hospital stays, medications, physical therapy, and more
- Loss of Earning Capacity: Additional compensation if you can’t earn the same income as you did before your injury
- Pain and Suffering: Compensation for emotional distress and physical pain caused by the injury
- Damages: Other damages like disfigurement, loss of enjoyment, and punitive damages
- Loss of Consortium: Loved ones can receive compensation for loss of companionship, aid, and other benefits
Who Can Be Held Liable in a Medical Malpractice Claim?
Actually, many medical professionals can be held liable for malpractice. Some of them might include:
- Physicians
- Nurses
- Therapists
- Physician assistants
- Nurse practitioners
- Dentists
- Paramedics
Thus, anyone who’s considered a professional healthcare provider can be held responsible. Typically, expert witnesses are often needed in these types of cases.
What a Medical Malpractice Attorney Can Do for You
Our attorneys can help you in all aspects of your case. These areas include:
- Helping you determine if you’re eligible for compensation
- Evaluate and collect evidence that supports your claim
- Identify your short and long-term losses
- Determine the liable party
- Explain your legal rights
- Keep you informed
- Manage the entire process
- Fight on your behalf
How RHINO Lawyers Can Help With Medical Malpractice Cases
Lastly, a person needs to be experienced in medicine and law when dealing with a medical negligence claim. Because these types of cases can be very complex. And, they need the skill and expertise of a lawyer with experience in both areas.
Our attorneys can do the following for you:
- Navigate complicated medical records
- Comprehensive understanding of medical conditions
- Familiarity with what medical experts to talk to
- Knows what questions to ask
- Anticipate the defense’s tactics
RHINO Lawyers has the resources to take on the biggest insurance companies and hospitals in Florida. We’re equipped to handle medical malpractice cases, ensuring you have thorough representation.
CONTACT YOUR FLORIDA MEDICAL MALPRACTICE ATTORNEYS
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Let RHINO Lawyers’ medical malpractice attorneys start helping you immediately by giving you free advice regarding the facts of your case.
So, get YOUR Free Case Analysis now by texting us, chatting with us online, completing the form below, or by calling 844.RHINO.77.