Do I Have a Medical Malpractice Case? Plantation Lawyer Explains

Planation Lawyer Explains How to Know if You Have a Medical Malpractice Case?

Most people believe that a medical malpractice lawsuit stems from a physician making an error while treating you but there's a lot more to it. The important factors are demonstrating that:

• A physician or other medical professional made an error while treating you
• You were harmed by that error

What Exactly is Medical Malpractice?

Medical malpractice is when a medical professional does something or neglects to do something that results in injury or physical harm to the patient. Their failure to act or "omission" is referred to as "medical negligence."

What is Medical Negligence?

The mistake or omission can occur at any point while you’re under a medical professionals care. It may involve a mistake in diagnosis, or improper treatment. To prove negligence you’ll need to establish what the generally accepted method used by medical professionals is under similar circumstances. The standard can take into account things like the patient's age, their medical condition and where they live. If you can prove your physician "breached" the standard of care, you can begin to make your case for medical malpractice.

What constitutes injury or damage?

Once you've established your physician has made a mistake in diagnosis or treatment you’ll then have to prove that you’ve been injured or harmed. Examples of harm can include things like; removing the wrong organ, brain damage or even death. With out showing you’ve been harmed, there's no case.

You then have to tie the negligence to the injury to establish "causation." This is often the most difficult and costly part of any medical malpractice case. You'll generally need at least one expert witness, usually another doctor. The expert witness can help to make the case that the standard of care was breached and that negligence caused your injury.

Verdicts, Settlements & Legal Fees

Medical malpractice cases can be costly and you will need to be prepared for the defense to fight back. But don’t be dissuaded, medical malpractice cases are usually done on a contingency basis where your attorney only gets paid if you win or settle. If you win  your case you may be rewarded "damages" for medical bills, lost wages as well as pain and suffering.

If you have questions or would like a complimentary case review, please contact Martin, Lister & Alvarez at 1-954-659-9322

This blog was originally posted here: http://www.lawmla.com/blog/

Wrongful Death Lawsuits in Plantation FL | Attorney

What You Need to Know About Wrongful Death Lawsuits—Planation Lawyer Explains

If you suffered the loss of a loved one as the result of the negligence of another, you and your loved one's estate will want to engage the services of a Plantation wrongful death lawyer. Death is never easy on survivors but it becomes even more difficult if it is the result of somebody else's actions.

If you are fortunate enough to be the beneficiary of the decedent's life insurance policy, then your short-term concerns may be satisfied and the thought of a wrongful death lawsuit is probably low on your list of priorities. However, if the death was caused by a clear case of negligence then you will most likely be contacted by the liable party's insurance company and that quite frankly, is when you will need an experienced wrongful death attorney the most.

Always keep in mind that the goal of the insurance company is not to arrive at a fair and just settlement but rather to settle for as little as possible. Insurance companies will attempt to take advantage of your emotional state. You can avoid the pressure applied by the insurance company by having a Plantation wrongful death lawyer represent you and look after your best interests.

When Can You Sue for Wrongful Death in Florida?

Florida law says that when a person's death "is caused by the wrongful act, negligence, default, or breach of contract" of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida's courts, seeking a legal remedy for that death and the losses stemming from it.

The lawsuit will be filed by the estate's personal representative on behalf of the estate and any surviving family members.

While there may be a criminal case brought by the state to determine criminal negligence, a wrongful death lawsuit is strictly about awarding monetary damages and is a separate suit. Damages are divided between those that surviving family members can receive and those that can be awarded to the estate:

Family Members

• The value of support and services the deceased person had provided to the surviving family member. This can include services such as childcare, housekeeping etc.
• Loss of companionship, guidance, and protection provided by the deceased person
• Mental and emotional pain and suffering if the decedent was a child
• Medical and/or funeral expenses any surviving family member has paid for the deceased

Estate Damages

• Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived
• Lost "prospective net accumulations" of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived
• Medical and funeral expenses that were paid by the estate directly.

You can understand why insurance companies do not want to litigate wrongful death claims. The fear of jury awards is a powerful motivation to try to get the suit dismissed on the basis that the plaintiff couldn’t prove a wrongful act, negligence, default, or breach of contract. Constructing compelling arguments that prove these elements is where the wrongful death attorney earns her or his fee.

If you live in Plantation, don't go through this experience alone. If you have questions or would like a complimentary case review, please contact us at Martin, Lister & Alvarez.