In the United States, medical malpractice comes third in the country in terms of deaths caused. It’s quite a saddening statistic when you consider it only ranks behind cancer and heart diseases.
If you or someone you know like you are a victim of medical malpractice, you should know that you are well within your rights to demand compensation. Unfortunately, not many people fully understand medical malpractice and what it entails. So, what is it exactly?
Well, medical malpractice can be best described as negligence from a healthcare professional or provider towards their patient that can cause them harm. Medical malpractice in Florida is considered a personal injury claim which can be filed four years from the actual date the incident happened.
This does not apply if you underwent surgery or any hospital procedure and did not get the expected outcome. You can only file a claim under this category if you got injured through whatever services were offered to you by a medical professional.
Medical malpractice can negatively alter your life in more ways than one. As such, it is recommended that you look up a Florida medical malpractice attorney who can help you make your case and get you the compensation you deserve.
Navigating the judicial system can be overwhelming, and you’re prone to making mistakes if you try to do it on your own. That said, let’s walk you through six benefits you can expect from getting yourself a Florida medical malpractice lawyer.
1. They Can Determine Whether You Have a Case
Many victims of medical malpractice don’t understand what it involves or even that they actually are victims of medical malpractice. But a lawyer can review your case and advise you if you have a case.
An experienced lawyer will look at the facts and explain which category you fall in and how to best approach the matter for you to get the best settlement.
2. They Know What to Do to Prove Medical Malpractice
Unlike you, who may not have any knowledge of what filing a medical malpractice claim takes, an attorney in this field is able to investigate and see if your case fits the right criteria for you to be classified as a victim of medical malpractice.
There are four specific standards attached to medical malpractice and they include:
- Negligence – Refers to how you were negatively affected by the medical professional’s actions.
- Causation – Cases where harm was brought to you by the health provider
- Duty of care – This basically means the medical professional has an obligation to take care of you when you are under their care.
- Straying from the standard of care – Instances where the medical professional did not offer quality services as compared to other medical professionals.
3. Finding and Using Witnesses and Medical Experts
The truth is, on your own, you would not know where to look for witnesses to support your claim. This is where you will need the skills of an attorney who specializes in medical malpractice.
Most medical malpractice cases rely on witnesses and medical experts who can attest to a victim’s case. These witnesses and experts give their own accounts of the events that happened as well as medical opinions on the matter.
If, for example, you underwent dental surgery and it went wrong, an expert in dentistry who has similar or more knowledge about the surgery procedure, can be sourced to provide more insight into the matter to strengthen your case.
4. They Know How to Deal With Insurance Companies
To avoid communicating directly with insurance companies and providing them with information that might jeopardize your case, hire a medical malpractice lawyer who has the expertise and experience in dealing with them.
Always remember that insurance companies are out to make money, and they are most likely going to make you settle for less than you deserve. However, an attorney will be able to defend you and get you a deal that can be beneficial to you over a long period.
5. Negotiating the Best Settlement
The amount of compensation you’re entitled to depends on your case. A medical malpractice attorney will help you know what exactly you can claim as damages and the kind of settlement you can expect if you win the case.
Attorneys are not only skilled in knowing how much your claim is worth, but they are also experts in negotiation as they have been in the courtroom more than once and thus, have the much-needed experience to argue out your case. They will not let the health provider or their insurance company or legal team intimidate them.
6. They Want You to Succeed
When fighting for justice, you will have a lot of people rooting for your failure. But your lawyer will be by your side through the whole court case.
A lot of medical malpractice lawyers do not ask for payment when the case is ongoing but are paid after the case is over, and even then, many of them only ask for payment if they win the case. Since it will be their driving force, you can be assured that they will work tirelessly to ensure you emerge victorious from your legal battle.
Winding It Down
Filing a medical malpractice claim can be strenuous and discouraging. There is a lot of information you need to prove to show that you are actually a victim. This makes it essential to seek a medical malpractice lawyer who can advise you accordingly to avoid ruining your chances of getting adequately compensated for damages incurred.
No matter how difficult the case seems, an attorney will ensure you get the best out of it. So, if you believe you are a victim of medical malpractice, get yourself a medical malpractice attorney try and find one with your best interest at heart, who can help you file and win a claim that can serve you for years to come.
