If you’ve been harmed due to medical negligence, feeling overwhelmed, scared, and confused is understandable. You’re likely grappling with the daunting prospect of suing a doctor or hospital, which can add to your stress. Finding a lawyer who not only comprehends the intricate details of medical malpractice law but also empathizes with your situation can significantly ease this burden and take the legal weight off your shoulders.
Your time shouldn’t be spent handling medical malpractice claims and paperwork. Let an experienced Florida medical malpractice attorney handle this for you. This task can be overwhelming, especially if you or a loved one were injured due to a medical provider’s mistakes. While there are many competent lawyers that may be able to handle your case, you should know how to find the best medical malpractice lawyer for your type of case. It really can mean the difference between recovering compensation for your injuries and being “no caused” at trial.
So how do you find the best medical malpractice lawyer near you?
How Do You Know If Its Medical Malpractice?
Suffering an adverse outcome after a medical procedure is scary. However, not all poor outcomes or illnesses are due to medical malpractice. After all, surgical procedures and hospitalizations come with inherent risk.
Medical malpractice occurs when healthcare professionals cause harm through negligent actions or omissions that deviate from the standard of care expected in the medical community. This can include misdiagnosis, surgical errors, medication mistakes, and improper treatment. Each of these instances can lead to severe consequences for patients, including worsened health conditions, additional medical expenses, and, in extreme cases, fatal outcomes. Understanding these types of cases is essential for recognizing when you might have a valid claim for medical malpractice.
So how do you know if what you suffered is truly medical malpractice? You don’t! It is not always possible to determine if your accident, illness, or injury was the result of medical malpractice until you speak to an attorney. A medical malpractice attorney will be able to review the details of your incident, examine the medical records, and speak to medical experts to determine if you have a medical malpractice claim.
Sadly, many injured patients and families never hire a medical malpractice attorney to figure out if they have a case. By not exploring your legal options, you might lose out on valuable compensation that could help you or your loved one recover.
How to Search for a Medical Malpractice Lawyer in Florida
OK! Now that you know you need to hire a medical malpractice lawyer in Florida to review your case and handle your claim, how do you find the best one? Finding the best medical malpractice lawyer takes a little bit of time and research.
There are several ways to search for a medical malpractice lawyer who could handle your claim. While some of these ways are better than others, some ways should be completely avoided.
DO Look at Your Local Bar Association’s Website
Nearly every county has a bar association that lists lawyers who can handle a variety of different types of cases, including medical malpractice. Searching here is a great place to start because bar associations require members to be licensed to practice law (not suspended or facing disciplinary charges).
The Florida Bar offers a Lawyer Referral Service designed to connect individuals with verified attorneys based on their legal needs and location. This service is available online 24/7 or by phone during business hours, making it a convenient option for finding a lawyer experienced in handling medical malpractice cases. The Florida Bar’s referral service is one of the oldest and most respected in the state, providing a reliable starting point for those seeking legal representation.
For those in Miami-Dade County specifically, the Miami-Dade Bar Association offers a Lawyer Referral Service as well. This local option can be particularly useful for finding lawyers with specific expertise in medical malpractice within the Miami-Dade area.
DON’T Use 411 PAIN or Another Attorney Referral Service
Attorney referral services like 411 PAIN are not run by lawyers but by doctors looking to book injured clients in chiropractic or pain clinics owned by them. Victims of a negligent accident or medical mistake are often farmed out to lawyers who pay to be listed on these referral services—not lawyers who have been found competent in the field of medical malpractice.
DO use Super Lawyers (R) and Look for Medical Malpractice Lawyers with Reviews
If the Florida Bar or someone you trust recommends a medical malpractice lawyer for you, you must do some additional research. Check to see if they’re part of Super Lawyers or other prestigious law organizations.
While Super Lawyers (R) is an attorney referral service where lawyers can pay to get a better profile, lawyers cannot pay to win an award. Super Lawyers (R) is an organization that vets lawyers through 12 factors, scoring potential award-winners on an intense rubric. Candidates cannot be self-nominated, and there are mechanisms in place to prevent “gaming” the system. After scoring, local top-rated lawyers review other candidates and either confirm or reject. Being awarded a Super Lawyer (R) award in any practice area is an achievement. On the lawyer’s profile, confirm that the lawyer specifically lists “medical malpractice: plaintiff” as a practice area. If not, do not hire that lawyer.
Our lawyer Prosper Shaked has received Super Lawyers (R) awards several years in a row and has medical malpractice listed as the second-highest area of practice.
DON’T pay a lawyer for a case evaluation or review before you hire them
When you are looking for the best medical malpractice lawyer near you—or really any personal injury lawyer—if you have to pay for a case evaluation or review—stay away! A competent, experienced, and successful personal injury lawyer will never make a client pay for a case evaluation—that is always a law firm expense.
At Prosper Shaked Accident Injury Attorneys, PA., we offer free consultations and evaluations for all new and prospective clients. Let’s talk about your case, so you can explore your legal options.
DO Search on Google and Use Google Reviews
It is notoriously difficult to cheat Google’s review algorithm. However, fake online reviews are a real problem. If you see a lawyer’s profile on Google with more than 20 reviews and a rating above 4.7 stars, that is a a good sign. Read the reviews and see what others are saying about the lawyer. Make sure that the reviews are legitimate and don’t include a bunch of fake reviews written by the law firm’s employees, family and friends. You want to read honest client testimonials discussing their particular experience with the lawyer or law firm.
Questions to Ask Your Medical Malpractice Lawyer
Once you have a medical malpractice lawyer you believe might be a good fit for you, it is time to schedule a consultation with them. When consulting with potential medical malpractice lawyers, it’s important to ask questions that give you a clear understanding of their expertise, how they handle cases, their fee structure, and their access to necessary resources. Here are some critical questions to consider:
- How many medical malpractice cases have you handled?
- What percentage of your practice is dedicated to medical malpractice?
- Can you share any notable outcomes from previous cases?
- Do you work on a contingency fee basis? If so, what percentage do you charge?
- Are there any upfront costs I will be responsible for?
- How are expenses handled if we do not win the case?
- Who in your firm will be handling my case?
- How often will you communicate with me about my case?
- What is your approach to negotiating settlements versus going to trial?
- Do you have access to medical experts who can testify in my case?
- How do you determine which experts to use?
- Will I need to cover the costs for expert witnesses upfront?
- Based on what you know about my case, what are its strengths and weaknesses?
- What are the possible outcomes, and how long might the case take?
- How do you foresee the case proceeding?
These questions aim to provide a comprehensive view of a lawyer’s ability to handle your medical malpractice claim effectively. Choosing a lawyer who is experienced, transparent about fees, communicative about case handling, and well-equipped with resources like expert witnesses is crucial for a positive outcome.
The Right Medical Malpractice Lawyer Will Help Build Your Case in Florida
In order to prove a medical malpractice case in Florida, a victim (called a plaintiff in a lawsuit) must prove that the defendant-medical provider breached the prevailing standard of care. This could also be called a deviation from the standard of care.
However, unlike a car accident where we can blame a motorist for running a red light and violating the law, in order to prove that a defendant-medical provider breached the standard of care, a plaintiff must establish what the standard of care is in the first place. This requires expert testimony.
But not just any expert testimony, but an expert in the general locality, in the same specialty (i.e., an anesthesiologist for a defendant-anesthesiologist, a nurse for a defendant-nurse), and considering the relevant circumstances around the care (i.e., medical emergency, elective surgery, or routine care).
Obtaining the right type of expert to prove the deviation from the prevailing standard of care isn’t easy. However, a skilled medical malpractice attorney can tackle this for you. Without the right attorney on your case, you may lose your case or be unable to even present it. This is why it is important to find the best medical malpractice lawyer in Florida for your claim.
Call for a Free Consultation with Prosper Shaked Accident Injury Attorneys
We have helped many families recover the compensation they deserve after reckless, careless, or negligent medical care harmed a loved one. We are dedicated to our clients and pursuing justice under the law. Learn how we can help represent you and your family during a FREE consultation by dialing (305) 694-2676.