Malpractice Law in Fort Lauderdale – Your Lawyer Needs to be a Specialist
Florida malpractice law is complex and if you think you suffered a loss because of a heath provider's negligence you will need a Fort Lauderdale malpractice lawyer with extensive experience if you want a chance at a successful lawsuit.
There are several challenges to overcome in pursuing a medical malpractice suit. The first is time. Unlike other negligence lawsuits which have a statute of limitations of 4 years, malpractice suits have to be filed within 2 years of the incident.
The medical community and insurance industry managed to get an amendment passed to the Florida constitution that limits the fee that an attorney can charge a plaintiff in a malpractice lawsuit. It doesn't limit the fee charged by attorneys representing the insurance company or medical practitioner. The idea was to make large malpractice suits so unattractive to attorneys that they couldn't afford to take a case.
It Doesn't get any Easier Once You Get to Court
In order to win a malpractice suit you have to prove that your injury or damages was the result of a medical professional who fails to competently perform his or her duties based upon a professional standard of care. That "care" includes making errors while treating a patient as well as failing to take proper medical action.
The standard of care is determined by the accepted standard of care for the medical community. That can become a can of worms because the community standards are open to opinion and interpretation. This is where you need an experienced malpractice lawyer who is up to date on the latest decisions and also has a network of medical professionals who can offer expert opinions.
If you have any questions regarding a potential malpractice lawsuit contact us at Martin, Lister & Alvarez for a free case review. Read more.
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