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Medical Malpractice
If an attorney wants you to pay them to speak to them about a malpractice case, you get out of that office as fast as you can because a reputable lawyer is not going to charge you for that. We will investigate cases on our own dime. If we think it’s a meritorious case, then...
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There are a number of reasons for that. First of all, medical malpractice lawyers are not that common because it takes a lot of experience in order to be competent at trying a medical malpractice case. Not only do you have to understand the medicine and understand the applicable law, you also have to have...
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Expert witness play a very important role in medical malpractice cases. You cannot get to a jury or past a judge’s directed verdict without expert witnesses supporting your case. They must review the case, be of the same or similar specialty of the doctor you’re bringing an action against, and render an opinion that that...
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In a medical malpractice case in Florida, the standard of care is what would a reasonable similar situated prudent physician do under the circumstances. If your case, for instance, is against an orthopedist, you have to have another orthopedist testify as an expert witness. The standard of care is going to be what would a...
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Well, it’s changed over the years. In the 1980s a new statute was passed by the legislature which required us to begin doing what’s called a pre-suit notice. When you want to start a medical malpractice claim, you have to first have an affidavit from a similar healthcare provider. Someone in the same specialty as...
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There’s what’s called comparative negligence, which can be plead as an affirmative defense, not only in medical malpractice cases, but in any type of tort case. If a patient does something careless that either causes, or contributes, to his or her own injury, then the jury is going to be entitled to place a percentage...
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Statutes of limitation in medical malpractice cases where a wrongful death ensues are limited to two years from the date of death forward. It can be extended in the State of Florida by 90 days by filing a petition for the extension of the statute. It also may be extended by simply filing a notice...
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Prior injuries are an excellent way for the defense to try to poke holes in a plaintiff’s case. They will often try to claim that the malpractice or the bad result occurred because of a pre-existing problem. For instance, if someone has had abdominal surgery ten, fifteen, twenty years in the past, and now needs...
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A jury is going to be instructed by the judge at the end of trial that the standard of care is what a reasonable physician in the same specialty under the same circumstances what someone in that position would do. So if it’s a case against a pediatrician, the issue would be “Would a reasonable...
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You shouldn’t have to pay out of your pocket at all to hire a competent attorney in a medical malpractice case because we routinely … The Florida Supreme Court has approved our handling these cases on what’s called a contingent fee basis. That means our fee is a percentage of what we recover for you....
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