Understanding the Medical Malpractice Basics

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Understanding the Medical Malpractice Basics Powered By Docstoc
					When you visit a medical practitioner, go to a clinic to get a test done, or admit a
loved one for a surgery or treatment, you rely on the acumen of the doctors and staff.
Any mistake on the part of these individuals may risk the life and well-being of
another. However, what happens if it is not a mistake but negligence?
 Any negligence on the part of medical practitioners, nurses or technicians can bring
suffering to the patient. Florida medical malpractice laws aim at providing justice to
the victim and compensate him/her for the injuries. However, to get adequate
compensation you have to initiate legal proceeding with the help of a medical
malpractice attorney.
 Here are a few of the frequently asked questions regarding such cases.
 Who can file the lawsuit? As per Florida laws, the victim can file it. However, if the
victim is unable to do so because of disabling or permanent injuries, his/her spouse,
children and parents (only if the victim is under 25 years of age) can file the suit.
 Whom can you sue on such grounds? You can sue the medical practitioner, nurses
and other staff or the hospital or healthcare facility. Whoever failed to adhere to the
doctrine of duty to care is the right entity to sue.
 Is there a time limit? Yes. Florida statute of limitations gives you two years to file
medical malpractice claims. This implies that you have two years to sue after the
discovery of the occurrence of malpractice.
 What do you need to prove? You need to prove three basic things 鈥?there was a
duty to care, there were injuries, and the cause of the injuries was because of
negligence of the duty to care.
 Why do you need an attorney? Only a Florida medical malpractice attorney can
handle it the right way. From filing the claim to getting evidence to support it, your
attorney can help with all these stages. Moreover, he/she also knows how to assess the
extent of damage with the help of experts. Your attorney can also help you understand
whether to opt for negotiation or mediation or go straight to trial.
 The time to resolve the issue and get the compensation you deserve depends on the
merit of your case and the proficiency of your attorney. You can choose an attorney
who works on contingency fee basis to avoid the costs for now. You can pay him/her
after you get the compensation.
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