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.

What Is the Statute of Limitations on Medical Malpractice?

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Medical malpractice is a serious concern in the healthcare industry, as it can have significant consequences for patients and their families. To protect the rights of individuals who have been harmed due to medical negligence, the legal system has established statutes of limitations. These time limits dictate how long a person has to file a medical malpractice lawsuit. In this blog, we will explore what the statute of limitations on medical malpractice is, why it’s important, and how it varies from state to state.

Understanding the Statute of Limitations

The statute of limitations on medical malpractice is a legal time frame within which a patient or their legal representative must file a lawsuit against a healthcare provider for alleged medical negligence. If a claim is not filed within this specified time period, the right to seek compensation for damages related to the malpractice may be lost.

Importance of the Statute of Limitations

The statute of limitations serves several important purposes:

1. Protection of Evidence: Over time, evidence related to a medical malpractice case may degrade or become unavailable. The statute of limitations ensures that lawsuits are filed while evidence is still fresh and can be effectively used in court.

2. Fairness to Healthcare Providers: Establishing a time limit ensures that healthcare providers are not held indefinitely liable for their actions. This promotes finality and closure in legal matters.

3. Prompt Resolution: Time limits encourage plaintiffs to pursue their claims promptly, leading to quicker resolutions for all parties involved.

4. Preservation of Witness Testimony: Witnesses to the malpractice incident, such as healthcare professionals and patients, may change jobs, move away, or become otherwise unavailable. The statute of limitations encourages the timely collection of witness testimonies.

Variability Among States

It is important to note that the statute of limitations on medical malpractice is not uniform across the United States. Each state has its own set of rules and time limits, which can vary significantly. Typically, these limits range from one to three years, with some states having shorter or longer periods.

For instance, in California, the statute of limitations for medical malpractice is generally set at three years from the date of injury or one year from the date the injury was discovered, whichever comes first. In contrast, Florida has a strict two-year statute of limitations from the date of the malpractice incident or when the malpractice should have been discovered.

Additionally, some states have special rules for cases involving minors. In these situations, the statute of limitations may be extended until the minor reaches a certain age or for a set number of years beyond the occurrence of the malpractice.

Exceptions and Extensions

Certain circumstances can alter or extend the statute of limitations in a medical malpractice case. These exceptions may include:

1. Delayed Discovery: If a patient could not have reasonably discovered the malpractice until later, the statute of limitations may be extended from the date of discovery.

2. Continuous Treatment: In cases where the patient has an ongoing doctor-patient relationship, the statute of limitations may be extended until the last date of treatment.

3. Statute of Repose: Some states have a maximum limit on the statute of limitations, known as a statute of repose, which prevents cases from being filed after a certain number of years, regardless of the circumstances.

4. Fraud or Misrepresentation: If the healthcare provider engaged in fraud or intentionally concealed information about the malpractice, the statute of limitations may be extended.

Understanding the statute of limitations on medical malpractice is crucial for anyone who believes they have been a victim of medical negligence. It is essential to consult with an attorney experienced in medical malpractice law as soon as possible to determine the specific time limits that apply to your case. Failing to meet these deadlines can result in the forfeiture of your right to seek compensation for injuries caused by medical malpractice. Always remember that the statute of limitations is a critical aspect of medical malpractice law and varies from state to state, so seeking legal advice early in the process is essential to protect your rights and interests.

How to Respond to Medical Board Complaints

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When a complaint is filed with the Florida Medical Board, the Board responds by sending a letter to the physician in question.

This first step starts a time clock that ensures the complaint is handled expeditiously, so it is important for physicians to respond in a timely manner. However, it is recommended that they do not respond until they have the advice of a legal team that understands the ins and outs of the medical, dental, and pharmaceutical industries.

If you have been sent a letter indicating that a complaint has been filed against you with the Florida Medical Board, reach out to Florida Healthcare Law Firm today.

What Do I Do if I Receive a Complaint Through the Florida State Medical Board?

First things first, relax. Receiving a complaint does not automatically mean that heavy fines, a business shutdown, or suspension of your license is pending. It is important to take it seriously but not to allow panic to get the better of you.

Getting legal support should be your first move since it means you will have advice that is specific to your circumstances. You’ll also get assistance meeting all the deadlines. The timeline can be 20 to 45 days depending on the license you hold.

Tips for Responding to a Medical Board Complaint

  • Do not ignore it. There are time clocks that are triggered when a complaint is filed. It is important that you respond before that time clock runs out, or it could mean automatic fines, license suspicion, and/or legal proceedings.
  • Do not respond without legal advice. This may seem counterintuitive since the letter will likely request some action on your part, but it is important that you not make a move without the advice of an attorney.
  • Contact Florida Healthcare Law Firm. Florida Healthcare Law Firm is a boutique law firm that serves medical, dental, and pharmaceutical companies that work directly with patients.

What Are My Options When a Florida Medical Board Complaint Is Filed Against Me?

Your legal team will be able to direct you on which of the following options is best suited to the complaint you are facing. In general, you will usually have 21 days to choose from the following:

  • An informal hearing
  • A formal hearing
  • To waive your rights
  • A settlement agreement

In almost no case is it appropriate to waive your rights entirely. Otherwise, you can choose from the following:

  • Agree that there is truth to the allegations made against you in an informal hearing and ask for leniency.
  • Ask for a trial so you can submit evidence to challenge the allegations made against you in a formal hearing.
  • Accept or negotiate any settlement that may have been offered by the Florida Department of Health.

Florida Medical Board Complaint Response Support

If you have received a letter saying you need to respond to a complaint from the medical board, reach out to us at Florida Healthcare Law Firm for assistance right away.

The 3 Knocks Coming to your Healthcare Business’ Door Post-Pandemic: The Lawyers, The Regulators; and The Auditors

florida healthcare law firm audits after covidBy: Steven Boyne

When COVID-19 passes and the world begins to return to normal, you can be guaranteed that many of your old “friends” will come to visit you. To minimize future liability, pain and time, you should be preparing today for tomorrow’s visitors:

The Lawyers. Lawyers come in many flavors, and can bring good or bad news. Depending on your initial reaction to the pandemic, and your subsequent actions as the panic started to die down you may see three types of lawyers: (1) Those that represent past or present employees who have lost their job or contracted COVID-19; (2) Those that represent patients who claim malpractice based on the care that you did or did not deliver, and also those patients who assert that they contracted COVID-19 at your office; and finally (3) Those that represent creditors or debtors of your practice. The actions you should take today are many and varied and beyond the scope of this overview, however, you should be asking the following questions of yourself: (i) did you file a claim for business interruption despite the fact that your insurance broker said you were wasting your time? (ii) does your malpractice carrier cover you for liability outside of the normal scope of providing care? (iii) are your documenting your actions throughout the pandemic to demonstrate that you were acting reasonably at a time when you did not have all the facts? (iv) did you look at your business insurance policies for coverage for employee claims, or workers comp claims, or OSHA claims? (v) did you research what other similarly situated companies are doing, as you will most likely be held to the same standards? (vi) did you follow guidance from State and Federal entities? and (vii) did you provide notice during the pandemic to debtors or other parties who have breached their obligations?Continue reading

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

Asset Protection: Building Limits is the Best Defense

By: Susan St. John

Should you consider asset protection planning as part of your estate planning? The short answer to this question is yes if you have significant assets, will inherit sizable assets, or work in a profession that is routinely sued pursuant to medical malpractice complaints. In particular, healthcare professionals should go the extra mile when it comes to asset protection in light of the McCall and Kalitan cases out of the Florida Supreme Court and Fourth District Court of Appeals, respectively, invalidating the limit on non-economic damages in medical malpractice cases. So how can asset protection be accomplished?

Protecting your assets and preserving wealth can be accomplished through a variety of planning techniques. These techniques are used to protect assets from being wasted or levied against in a medical malpractice suit. Asset protection planning is part of estate planning, which should be reviewed whenever an individual has a significant change in life circumstances, becomes aware he or she will inherit a sizable investment or asset, or enters a profession that is considered to carry considerable risk.

The intent of asset protection is to protect assets from waste or exposure to potential creditors, without concealment or tax evasion. Asset protection can preserve wealth for use later in life or to be passed on to descendants, that is, children or grandchildren, or perhaps other family members.

Asset protection can be maximized through various vehicles such as:Continue reading