Medical Malpractice

Are medical malpractice awards subject to a cap on damages?

There used to be a cap or different caps in Florida. These have been abrogated by case law. There should not be at the time of giving this statement, answering this question any caps on medical malpractice awards in Florida.

0

Are there time limits to sue for injuries in a Florida medical malpractice case?

On the vast majority of cases, it’s two years. If there’s fraudulent concealment, it could be more. There can be some instances in which a person has more than two years. But, probably 98% of the time, it’s two years after a person knew or should have known that they were injured due to substandard medical care.

0

Can I sue a chiropractor for medical malpractice?

Yes. A chiropractor in Florida is a medical provider, and they must provide you care within the appropriate standard of care of other chiropractors. Of course, if this chiropractor fell beneath the appropriate standard of care and cause you damages, you can sue them and try to recover these damages, but you first must go to a lawyer that does medical malpractice and he or she would chiropractic malpractice.

0

Can I receive damages for pain and suffering in a Florida medical malpractice case?

Pain and suffering is a very, very important element of damage in any malpractice case, in any case in Florida in which you sue for negligence. Malpractice is nothing more than negligent medical care. Medical care beneath an appropriate standard of care. And of course you must be physically or mentally injured in order to have pain and suffering damages. But absolutely, pain and suffering damages are an important key element of any medical malpractice claim.
0

Can I sue for medical malpractice if a family member dies as a result of the malpractice?

Well, we in Florida are governed by a wrongful death statute and it tells which family members can sue for other family members. For example, a child under 25 can sue for the death of a parent. A spouse can sue for the death of another spouse. A father or mother can sue for the death of a child under 25 years of age especially. Yes, certain family members can sue, others can’t, like for aunt and uncle, so forth. It has to be within the persons suggested and named in the Florida wrongful death statute.

0

Can I sue my doctor for operating on the wrong limb?

There’s no such thing as a slam dunk in law, but this is as close to a slam dunk as I’ve seen. If they operate on the wrong limb, especially cause damages, then of course, go to a lawyer right away. Don’t try to negotiate with the doctors, insurance company, yourself, or pros that are skilled in keeping down damages. Of course, as the operation is a mere cut and you don’t even have a scar, yes, you can sue, but the damages in any malpractice case, any case where taking to trial must be fairly significant or it’s just not worth it.

0

Can I sue my doctor for birth defects?

Well, it depends, which doctor, what birth defects, what it was caused by. Certainly if you have birth defects the statute of limitations is probably long gone, the two years in which somebody, your parents, should have known that there was a medical error. If there is a medical error and your child is injured, you should go to a lawyer as quickly as possible and determine whether or not the injury suffered or the birth defect suffered by the child, is or could be as a result of that doctor falling beneath the appropriate standard of care of a practitioner in their field.

0

Does a bad outcome from a doctor mean that medical malpractice has occurred?

Quick answer is no, but if you have a bad outcome from a medical procedure, then, you know you had it as a result of the medical procedure. If this doctor fell beneath the standard of care and it wasn’t just the normal progress of a disease that would have happened anyway, you better go to a lawyer right away because you have two years after you knew or should have known that something amiss was occurring. Just a bad result doesn’t mean there’s malpractice because not every case can be cured 100%. Not every case can be cured at all. An experienced lawyer will help guide you through this.

0

How do I choose a medical malpractice lawyer?

Unless you are a courthouse fanatic and go down and view various malpractice trials, the individual person has no way of determining whether this lawyer or that lawyer is appropriate for them. You should go to a lawyer that has tried a number of malpractice cases. You should go to a lawyer that you feel comfortable with. You should ask that lawyer various questions and, just like a doctor or any other practitioner, you should feel comfortable that this is a person that you trust and can deal with. And, it’s ultimately your decision. Usually with appropriate questions and if the lawyer is candid and answers your questions and that lawyer, if it fits, is right for you.

0

How much time do I have to take legal action against the hospital?

Usually two years. Most malpractice cases are two years after you knew or should’ve known that something was done incorrectly or not done correctly to cause your problems. There can be exceptions to this, but you should see a lawyer as soon as you think, or knew, or should know that something was done to you that caused you physical damages, and the damages must be fairly significant, or it’s not worth taking the case.
0
Page 1 of 2 12