Why Do You Need a Medical Malpractice Lawyer in Florida?

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Facing a situation where medical negligence has resulted in harm or injury can be both emotionally and physically distressing. In such cases, it is essential to seek justice and compensation for the damages caused. This is where a medical malpractice lawyer in Florida becomes your advocate and ally. In this blog, we will explore why you need a medical malpractice lawyer, the role of a Florida medical malpractice attorney, and the critical factors to consider when choosing the right legal representation.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider’s actions or omissions deviate from the accepted standard of care, resulting in harm to the patient. Such cases can be complex, often requiring a thorough understanding of medical procedures and legal intricacies. This is where a medical malpractice lawyer’s expertise becomes invaluable.

Why Do You Need a Medical Malpractice Lawyer in Florida?

1. Legal Expertise: Medical malpractice cases involve intricate legal procedures and terminology. A medical malpractice lawyer in Florida possesses the necessary knowledge and experience to navigate these complexities, ensuring that your case is handled competently.

2. Understanding of Medical Standards: Florida medical malpractice lawyers have a deep understanding of medical standards and practices. They can assess the healthcare provider’s actions in the context of accepted norms, which is crucial in proving negligence.

3. Investigation: One of the critical roles of a medical malpractice attorney is to investigate the case thoroughly. They can gather evidence, consult with medical experts, and build a compelling case to establish the negligence of the healthcare provider.

4. Negotiation Skills: Medical malpractice lawyers in Florida are adept at negotiating with insurance companies and defendants. They work tirelessly to ensure you receive the compensation you deserve.

5. Courtroom Advocacy: If your case proceeds to trial, your medical malpractice attorney will be your advocate in the courtroom. Their expertise in presenting evidence and making legal arguments is vital to your case’s success.

6. Maximizing Compensation: Medical malpractice cases can result in significant financial losses. A Florida medical malpractice lawyer can help you maximize your compensation, covering medical expenses, lost wages, pain and suffering, and more.

The Role of a Florida Medical Malpractice Attorney

A Florida medical malpractice attorney plays a multifaceted role in representing your interests. They will:

1. Evaluate the Merits of Your Case: An attorney will assess the viability of your case, determining if it meets the criteria for medical malpractice.

2. Consult Medical Experts: They will consult with healthcare professionals who can provide expert testimony to support your claim.

3. Gather Evidence: Attorneys will collect medical records, interview witnesses, and secure evidence to build a robust case.

4. Negotiate Settlements: Many medical malpractice cases are settled out of court. Your attorney will negotiate with the opposing party to reach a fair settlement.

5. Litigate if Necessary: If a settlement cannot be reached, your attorney will represent you in court, presenting your case to a judge and jury.

Choosing the Right Medical Malpractice Lawyer in Florida

When selecting a medical malpractice lawyer, consider the following factors:

1. Experience: Look for an attorney with a track record of successfully handling medical malpractice cases in Florida.

2. Resources: Ensure they have access to medical experts and resources to build a strong case.

3. Reputation: Read reviews and seek recommendations to gauge an attorney’s reputation in the legal community.

4. Communication: A lawyer who communicates effectively and keeps you informed about your case’s progress is crucial.

In conclusion, a medical malpractice lawyer in Florida is an essential advocate when you or a loved one has suffered due to medical negligence. Their expertise, legal knowledge, and commitment to seeking justice are invaluable in helping you obtain the compensation and closure you deserve.

Real Medical Malpractice Defense

malpractice defenseBy: Jeff Cohen

Florida has long been a hot spot for medical malpractice lawsuits.  Professionals debate the causes frequently, but the fact remains:  Florida is a place where medicine has to be practiced defensively.  And it’s likely to get worse because the Florida Supreme Court recently tossed out the state cap on non-economic damages.

Since the cap was found to be unconstitutional, the risk of expensive med mal suits is expected to rise.  And the secondary effect will almost certainly be increased med mal insurance premiums.  If the upcoming premium rise is like any from the past (this is a cyclic phenomenon), it’s a sure thing that more physicians will decide to self-insure (not carry professional liability insurance). The State of Florida doesn’t require physicians to carry professional liability insurance provided that they have adequate financial backing or provide necessary patient notices        Continue reading

Medical Malpractice Update: No More Caps

By: Dave Davidson

On June 8, 2017 the Florida Supreme Court, in a 4-3 opinion, ruled that the legislatively-established caps on non-economic damages (such as awards for pain and suffering) in medical malpractice cases are unconstitutional.  In 2014 the Florida Supreme Court determined the cap established for wrongful death claims was unconstitutional.  The 2017 decision now does away with the remaining caps.Continue reading

Florida Supreme Court Ruling Means Asset Protection is a Must

Physician Asset Protection Medical Malpractice Cap

By: Jeff Cohen

As expected for some time, Florida’s limits on non-economic damages has been ruled unconstitutional by the Florida Supreme Court.  This event will likely drive medical malpractice premiums up and have healthcare providers reexamining (a) whether it makes more sense to “go bare” (without liability coverage), and also (b) their corporate structure to minimize exposure to professional liability claims. Continue reading

The Florida Healthcare Law Firm Goes National

Followers & Friends – BIG Announcement coming out today! If you haven’t seen our new NATIONAL platform, check it out here at www.nationalhealthcarelawfirm.com and stay tuned for our #healthcare #legal news at 2pm EST !!!

Supreme Court upholds Obama health care law

Via @USAToday

The Supreme Court upheld President Obama’s health care law today in a splintered, complex opinion that gives Obama a major election-year victory.

Basically. the justices said that the individual mandate — the requirement that most Americans buy health insurance or pay a fine — is constitutional as a tax.

Chief Justice John Roberts — a conservative appointed by President George W. Bush — provided the key vote to preserve the landmark health care law, which figures to be a major issue in Obama’s re-election bid against Republican opponent Mitt Romney.

The government had argued that Congress had the authority to pass the individual mandate as part of its power to regulate interstate commerce; the court disagreed with that analysis, but preserved the mandate because the fine amounts to a tax that is within Congress’ constitutional taxing powers.

The announcement will have a major impact on the nation’s health care system, the actions of both federal and state governments, and the course of the November presidential and congressional elections.

A key question for the high court: The law’s individual mandate, the requirement that nearly all Americans buy health insurance, or pay a penalty.

Critics call the requirement an unconstitutional overreach by Congress and the Obama administration; supporters say it is necessary to finance the health care plan, and well within the government’s powers under the Commerce Clause of the U.S. Constitution.

While the individual mandate remained 18 months away from implementation, many other provisions already have gone into effect, such as free wellness exams for seniors and allowing children up to age 26 to remain on their parents’ health insurance policies. Some of those provisions are likely to be retained by some insurance companies.

Other impacts will sort themselves out, once the court rules:

— Health care millions of Americans will be affected – coverage for some, premiums for others. Doctors, hospitals, drug makers, insurers, and employers large and small all will feel the impact.

— States — some of which have moved ahead with the health care overhaul while others have held back — now have decisions to make. A deeply divided Congress could decide to re-enter the debate with legislation.

— The presidential race between Obama and Republican challenger Mitt Romney is sure to feel the repercussions. Obama’s health care law has proven to be slightly more unpopular than popular among Americans.

Full Story Here: http://content.usatoday.com/communities/theoval/post/2012/06/Supreme-Court-rules-on-Obama-health-care-plan-718037/1#.T-xqPhd5F9E

The Florida Healthcare Law Firm Announces National Expansion

(Delray Beach, FL) June 21st, 2012 – The Florida Healthcare Law Firm, one of Florida’s leading healthcare law firms, today announced a major increase in their legal practice capabilities with the official launch of the National Healthcare Law Firm, a d/b/a and new portal of the firm. The expansion to a national platform providing healthcare legal services to physicians and healthcare businesses is one that significantly increases resources for clients who lack qualified local healthcare counsel. While the Florida Healthcare Law Firm has for years assisted clients outside the state of Florida*, this new development further cements the firm’s commitment to providing ethical legal counsel in the healthcare industry.

“We are very excited about it. The fact that we serve clients all over the country has been a small secret for a while but we realized there’s a huge demand and decided to just go for it,” said Jeffrey L. Cohen, Esq. Founder and President of Florida Healthcare Law Firm.

According to Cohen, “It’s just a strange area of the law.  Nearly everything in healthcare business is regulated; leases, employment agreements, compensation.  Things you wouldn’t think are regulated are strongly regulated.  And there are large fines and criminal penalties for getting it wrong!  Our clients understand that healthcare business of any kind has serious legal risks and that they need uniquely qualified help.”

To request a service list or for any other firm information, call Autumn Piccolo at 888-455-7702 or visit the firm’s website at www.nationalhealthcarelawfirm.com or www.floridahealthcarelawfirm.com

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Acknowledged throughout the country for its service and excellence, Florida Healthcare Law Firm is one of the nation’s leading providers of healthcare legal services. Founded by Jeffrey L. Cohen, Esq and headquartered in South Florida, FHLF provides legal services to physicians and healthcare businesses with the right pricing responsiveness and ethics. From healthcare clinic regulation, home health agency representation and physician contracting to medical practice formation/representation and federal and state compliance matters, the Florida Healthcare Law Firm is committed to bringing knowledge and experience to a diverse group of clients.

10 Lesser Known Effects of Healthcare Reform Law

This is a great article published by CNN this morning.

View it in it’s entirety Here

(CNN) — On Monday, the U.S. Supreme Court takes on a political, social, economic and medical hot potato: the health care reform law that was signed into law two years ago.

For six hours during each of the next three days, attorneys will argue and justices will consider legal questions about the constitutionality of the Affordable Care Act’s individual mandate and issues surrounding federal versus state powers.

Read a transcript of Monday’s Supreme Court arguments

Many of the law’s major aspects have been the topic of much discussion. But are you aware that deep within the sweeping law’s 2,700 pages are many lesser known changes that could affect your life in unexpected ways?

CNN Explains: Health care reform

1. How many goodies your doctors get

Is your doctor prescribing you certain drugs because those are the best for your condition or because of a pharmaceutical company’s influence? Here’s one way you can find out.

The Physician Payment Sunshine Act under health care reform requires drug, device or medical supply companies to report annually certain payments or things of value that they’ve given physicians and teaching hospitals. This could be speaking fees, consulting fees, meals and travel. So, you can find out which and how much companies pay doctors or health care workers. The companies are obligated to report annually about physician ownership and their financial investments.

Continue Reading Here

State Appellate Court Allows Burdensome Discovery Request

On August 10, 2011, the Fourth District Court of Appeals supported one litigant’s huge discovery request on the treating physician. The case (Katzman v. Rediron, No. 4D11-1290, August 10, 2011) arose with the following facts:

1.The doctor agreed to treat the patient under a letter of protection (LOP), which means the doctor would be paid out of the recovery of a lawsuit, not from health insurance proceeds;

2.The doctor allegedly performed a “controversial” surgical procedure, so Rediron’s lawyers wanted to know all sorts of information about how often he has ordered discectomies over the past four years and what he charged in litigation and non-litigation cases;

3.The doctor’s lawyer tried to block Rediron’s discovery request on the grounds that it would be a huge undertaking;

4.The trial court supported the discovery request, which was upheld on appeal.

The court’s analysis is interesting and instructive. The court found the treating physician to be BOTH a fact witness (because he treated the patient) and an expert witness (because he gives opinion testimony re the patient’s condition and injury). The court used their characterization of the doctor as a “hybrid” witness in order to support the trial court’s decision, which granted broad discovery on the issue of the reasonableness of the procedure’s cost and its necessity.

Discovery is something that can be used to harass and press someone into settlement. Hence, there are guidelines directed to ensuring that discovery requests are reasonable. That said, physicians who treat patients in lawsuits have a unique role that may expose them to greater than normal discovery requests.

Moreover, with this opinion, the old argument in bodily injury cases “What does reasonableness and necessity matter. It’s a BI lawsuit” will likely hold less water as all payers (including those who pay in BI lawsuits) are looking to reduce costs.