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Apr
2024

What Does A Medical Malpractice Lawyer Do?

on  Medical Malpractice

When you trust a doctor or hospital with your health, you never expect to come out worse than when you went in. Unfortunately, mistakes in medical treatment can happen. These errors might be things like getting the wrong diagnosis, a mistake in surgery, the wrong medication, or not getting the necessary treatment. This is known as medical malpractice, and it’s serious because it can hurt you physically and emotionally. 

It is terrifying to suffer an injury that you believe was caused by medical malpractice. You might wonder if what happened to you is a mistake that can be taken to court and whether seeking legal help is the right step. This is where medical malpractice lawyers step in. They are not just lawyers; they are people who stand by your side, ready to listen and help. They have deep knowledge of both the medical world and the legal system, and they use this knowledge to support your case.

Medical malpractice lawyers do a lot more than just represent you in court. They:

  • Listen to your story to understand what happened.
  • Explain your legal rights and options in simple terms.
  • Investigate your case to gather evidence and expert opinions.
  • Work to get you compensation for your injuries, including money for medical bills, lost wages, and pain and suffering.

Speaking with a medical malpractice lawyer can be a crucial step towards healing. They not only seek justice for you but also hold hospitals and healthcare professionals accountable. This results in a safer healthcare system for all Florida patients. If you’ve been affected by a medical error, contact an experienced Florida medical malpractice attorney today.

The Role of Medical Malpractice Lawyers

Medical malpractice lawyers play a vital role in the justice system, helping patients harmed by healthcare professionals. They have a unique blend of legal and medical knowledge. This dual expertise allows them to understand the intricacies of medical procedures and standards of care, making them effective advocates for their clients. They must be able to interpret medical records, understand medical terminology, and have a good grasp of the health conditions involved in their cases. This knowledge is crucial for building a strong case against healthcare providers who fail to meet the standard of care.

To build a solid medical malpractice case, your attorney must investigate the incident and the people involved in your care. They’ll start the investigation by gathering and reviewing medical records and conducting depositions to piece together what happened. This involves a thorough review of the patient’s medical history, the treatments provided, and the outcomes of those treatments. Medical malpractice attorneys often consult with medical experts to understand the nuances of the care provided and determine if any deviations from accepted medical practices could constitute negligence.

Medical Malpractice Lawyers Know How to Prove Negligence

A medical malpractice lawyer knows how to prove negligence in a medical malpractice case. To prove negligence in a medical malpractice case, four key elements must be established:

  1. Duty of Care: There must be a recognized professional relationship between the healthcare provider and the patient, establishing the provider’s duty to offer competent care.
  2. Breach of Duty: The lawyer must demonstrate that the healthcare provider failed to meet the standard of care that a reasonably competent provider would have provided under similar circumstances.
  3. Causation: It must be shown that the breach of duty directly caused harm to the patient. This means linking the provider’s actions or lack thereof directly to the patient’s injury.
  4. Damages: Finally, the lawyer must prove that the patient suffered specific damages due to the negligence. This includes physical harm, emotional distress, additional medical costs, loss of income, and more.

Medical Malpractice Lawyers Can Get You the Compensation You Need

Medical malpractice lawyers can help you and your family receive the compensation you need after being injured due to medical negligence. They have the experience and resources needed to challenge large hospitals, insurance companies, and medical professionals, helping to level the playing field for patients.

Hospitals and doctors often have powerful insurance companies backing them, equipped with legal teams dedicated to minimizing or denying claims. Medical malpractice lawyers know how these companies operate. They’re experienced in negotiating with these entities and are not intimidated by their tactics. Having a lawyer by your side sends a strong message that you are serious about seeking justice and compensation.

Types of Compensation

Medical malpractice victims may be entitled to various types of compensation, including:

  • Medical Expenses: This covers both past and future medical treatments related to the injury.
  • Lost Wages: Compensation for the time you’ve had to take off work due to your injury.
  • Loss of Earning Capacity: If your ability to earn a living has been compromised, you could be compensated for future lost earnings.
  • Pain and Suffering: This compensates for the physical pain and emotional distress suffered as a result of the malpractice.

Medical Malpractice Lawyers Know How to Build a Solid Case

You’re more likely to receive more compensation when you hire a medical malpractice lawyer. Lawyers have the skills to accurately calculate the full extent of your damages, ensuring nothing is overlooked. They also know how to build a compelling case substantiated with medical evidence and expert testimonies, which can significantly strengthen your position in negotiations or court.

They know exactly how to stand up to big hospitals, insurance companies, and medical professionals to build a strong case for their clients. To build a solid case, medical malpractice lawyers:

  • Gather Comprehensive Evidence: This includes medical records, testimonies from medical experts, and other relevant documents that can prove negligence.
  • Identify Violations of Standard Care: They pinpoint exactly how the healthcare provider failed to meet the standard of care expected in the medical community.
  • Calculate Damages: Lawyers assess all the damages suffered by the victim, including medical costs, loss of income, pain and suffering, and more, to ensure the compensation covers all the victim’s needs.
  • Negotiate with Insurance Companies: Armed with evidence and a thorough understanding of medical malpractice law, lawyers are adept at negotiating with insurance companies to reach a fair settlement.
  • Prepare for Trial: If a fair settlement cannot be reached, medical malpractice lawyers are prepared to take the case to trial, presenting the evidence and arguing the case in front of a judge or jury to secure the compensation the victim deserves.

A medical malpractice attorney will manage all aspects of your case, from filing the lawsuit within the appropriate deadlines to handling complex legal procedures. This not only increases your chances of a successful outcome but also allows you to focus on your recovery, knowing your case is in capable hands.

A Medical Malpractice Attorney Will Make Sure You Don’t Miss Critical Deadlines

A medical malpractice attorney will make sure that you don’t miss any critical deadlines, which could otherwise jeopardize your case. 

Every state has a “statute of limitations” for medical malpractice claims, which is a fixed period during which you must file your lawsuit. In Florida, the statute of limitations for medical malpractice cases is two years. This means you have two years from the date of the surgery or the date the harm caused by the surgery was discovered to file a lawsuit. It’s crucial to act within this timeframe to preserve your right to pursue compensation for any injuries or damages you’ve suffered due to medical negligence​​.

Before filing a lawsuit, your attorney must conduct a mandatory pre-suit investigation. This process involves weeks or months of gathering evidence, consulting medical experts, and identifying all potentially liable parties. During this time, a Notice of Intent must be served to these parties. This pre-suit period is followed by negotiations and possibly arbitration, aiming for a settlement before going to court. It’s important to complete these steps within the two-year statute of limitations to ensure you can file a lawsuit if necessary​​.

Additionally, Florida law includes a four-year statute of repose, limiting the time frame to file a medical malpractice lawsuit to four years from the alleged malpractice, regardless of when the injury was discovered. However, exceptions exist for cases involving fraud, concealment, or intentional misrepresentation by the healthcare provider, potentially extending the time to file​​.

A medical malpractice attorney will manage these timelines, ensuring that every procedural step is completed accurately and on time. Knowing that you have a professional keeping track of all deadlines can provide significant peace of mind during a stressful time. With their knowledge and expertise, medical malpractice attorneys can focus on the legal aspects of your case, allowing you to concentrate on your recovery and well-being.

Contact Our Florida Medical Malpractice Attorneys

If you or a loved one has been a victim of medical malpractice, you should speak to a lawyer at Prosper Shaked Accident Injury Attorneys, PA. Our Florida medical malpractice lawyers can evaluate your case, gather the necessary evidence, and advocate for your right to fair compensation. We know you need someone on your side after a medical malpractice injury. Our law firm offers compassionate and aggressive legal representation through this difficult time. 


Call our office today and schedule your free, confidential consultation with Prosper Shaked. Our phone number is (305) 694-2676.