Among different forms of personal injury medical malpractice is perhaps most frightening and devastating. Negligence on the part of medical practitioners puts the life of the patients on stake. Patients are taken to physicians for treatment; it is very frustrating when the condition of the patient deteriorates because of the negligence and irresponsible behavior of the physicians, hospital or the clinic. Consequently the recovery process is elongated and the entire process becomes a lot expensive.
Medical Malpractice Laws in Florida – A brief discussion
All the states have incorporated laws to protect consumers’ rights against medical negligence. In Florida, medical malpractice laws are quite strict. However, along with protecting consumer rights, Florida medical negligence laws also look after the goodwill of the medical practitioners in Florida.
Law makes it compulsory for lawyers to submit written statement confirming the fact that his or her client has a genuine case. If investigation proves that the case was built up just to insult a physician, the lawyer is held responsible for defaming the physician.
Medical malpractice lawsuit can be filed in Florida court of law only when there is strong evidence supporting the victims. Victims should consult medical malpractice lawyers immediately after the incidents of medical negligence. Attorneys who have been working for medical malpractice victims for many years can be of great assistance to prove a genuine case in court. Competent attorneys obtain reports, records, statements and evidence from various sources and finally prepare the plan of action to establish the rights of the victims in the court of law.
The job of a medical malpractice lawyer Florida is not easy. They need to overcome a lot of huddles. Apart from handling all the legal issues directly related to the case, they need to complete many more legal formalities.
Responsibilities of Medical Malpractice Lawyers
1. Decide if the case falls under medical malpractice laws or not. Sometimes bereaved family members decide to bring medical malpractice case against the physician who was in charge of their near and dear one out of personal grievance. Hence, it becomes the duty of the medical malpractice lawyer to determine if the case has solid base or not. Cases filed to defame the physicians are not only dismissed, but the lawyers handling such case are held responsible as well. So the lawyers need to be careful while taking up the case.
2. Most personal injury, medical negligence and wrongful death cases go through ‘no win no fee’ route. Hence, it is the responsibility of the medical malpractice lawyer or the law firm to bear initial financial matters and investigation expenses. Sometimes medical negligence cases go for years and the lawyer can recover their fees only when the case completes successfully. So the lawyers should be prepared to stand all the financial burdens.
3. Medical malpractice lawyers need to do feasibility study of each medical malpractice case properly before submitting the lawsuit in Florida court of law. They should invest their time and money only if there are enough chances of getting significant return. Otherwise, out of court settlements can be a wise option.
4. Lawyers handling medical malpractice cases should have some medical knowledge as well. They may also need to consult with physicians to understand the ins and outs of the case. Senior lawyers who have been overseeing medical malpractice cases for many days should be called on to prepare the right plan of action and to ensure success of the case.