Medical malpractice cases in Florida are some of the most serious that many individuals face. They involve a breach of trust between an individual and the people that individual trusts with their safety and future. Malpractice may take many forms. Innocuous mistakes occur along with instances where a doctor is impaired or even malicious. No matter the initial cause, these cases sometimes involve matters of life and death and often award damages in the millions of dollars. Anybody involved in or considering a medical malpractice lawsuit in Florida needs to make sure that they are prepared and have a prepared advocate with them for their case.
Medical Malpractice Attorney Misconceptions
Many people have misconceptions about the role and skill sets of attorneys. They think that they simply need to hire an attorney for all of their legal needs. Hiring such an attorney can be done with a quick look in the phonebook or a trip to a website. They think that the prestige of law school and passing the bar exam makes any individual with a law degree worthy of their legal situation. However, this is not at all the way attorneys work in the 21st century. Florida attorneys have become experienced and specialized in one particular area of law. They may specialize in families, divorces, or high-profile criminal cases. Some also specialize in medical malpractice claims.
The Need For Expertise
Expertise is a necessary part of malpractice law. A medical malpractice claim requires a considerable amount of research and skill. Only a very small percentage of cases involve obvious mistakes like a doctor operating on the wrong body part. The vast majority of cases are infinitely more complicated. Individuals must be well-versed in the law surrounding medical malpractice. They must be meticulous in preserving and analyzing any evidence surrounding a particular event. There may be multiple recollections and a number of different conflicting claims.
An inexperienced medical malpractice attorney can make many mistakes in the process of filing a claim. This is especially true when they need to meet Florida’s strict claim requirements. He or she might fail to file certain discovery requests or evidence motions on time. They may also fail to pick up on certain pieces of evidence from the operating room or interviews with individuals involved. There are often motions filed by the doctors or insurance companies involved to dismiss a case due to lack of evidence. An inexperienced attorney who plans poorly for this motion could lead to the motion being passed and an individual receiving nothing in their case.
The statute of limitations is a particularly thorny problem for areas of law such as medical malpractice. Statutes of limitations are put into place because of the nature of cases and of evidence. Many individuals might pass the statute of limitations on their own because they are not aware of the relevant dates. An attorney in this field must be aware of that date. He or she will need to bring a considerable amount of evidence to file a lawsuit before the statute expires. If they do not, an individual will not be able to sue and will be at the mercy of hospitals and insurance companies.
Experience and Settlements
There is also the problem of settlements. Attorneys are always inclined to attempt to find a settlement that will benefit their client the most. Settlements provide a degree of certainty that many defendants like and want. However, the settlement is also a tool used by powerful companies and individuals to ensure that they pay as little as possible for the mistakes they have made.
An inexperienced attorney may be more focused on avoiding a crushing loss than gaining the most for their client. As a result, he or she might argue that an individual should take the first settlement offered or a later settlement that does not pay the amount the person deserves. An experienced attorney knows that they should wait for the best possible settlement and should push for a trial if they do not receive such a settlement.
Medical malpractice lawsuits are an inevitable feature of the medical system in Florida. The parties involved need the best legal representation possible. If you are involved in a medical malpractice case, make sure you know your rights and who to contact in order to receive the best legal representation possible. Make sure not to jeopardize your health and financial future with an inexperienced lawyer.
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