Medical malpractice laws are complex and ever-changing. Because of this, few people outside of medical malpractice attorneys truly understand them. This is why it is paramount you have a lawyer on your side when filing this type of claim. Knowing all the things your medical malpractice lawyer must do to win your case and get you the compensation you need can help you understand more about the claims process and the complexity of these cases.
So, what do medical malpractice lawyers do exactly? You can expect your attorney to:
Identify and Interview Expert Witnesses to Fulfill Legal Requirements
Florida law requires that you meet certain legal requirements before you can file a medical malpractice case against a doctor, clinic, or other care provider. If your lawyer does not follow these requirements to the letter, and the statute of limitations on your case expires, you lose the right to collect compensation for your losses.
The most important requirement under Florida law is to serve the liable doctor or other care provider with a notice of your intent to sue. This notice must include a sworn affidavit from an expert witness that you have a valid claim. Before we can file your case, we must contact a medical professional qualified to act as an expert witness in your case. We must then present your case, and get a statement validating your claim.
We have a team of expert witnesses we work with on medical malpractice cases, and can quickly file the notice needed in your case.
Establish the Proper Standard of Care
To prove a doctor failed to provide the proper standard of care and caused you harm, your attorney must establish the proper standard of care you should receive in a situation like yours. This requires understanding how protocol, treatment, and individual procedures work, and the common way similar injuries or illnesses receive care.
To establish the proper standard of care, your lawyer works closely with one or more medical experts in the same field as the liable medical professional. For example, if a pulmonologist acted negligently and caused your injuries, the expert witness who establishes the proper standard of care in your case will also need to be a pulmonary specialist.
Understand and Collect All Necessary Evidence
Medical malpractice can affect victims in both the short- and long-term. Understanding and proving these effects is key in getting you the compensation you deserve. Because we have represented hundreds of clients who suffered similar problems due to a doctor they should have been able to trust, we know what it takes to prove your case.
We use medical records, eyewitness interviews, insight from expert witnesses, and other evidence to demonstrate how a wrong-site surgery adversely affected you, how failing to get informed consent harmed you, or how the wrong diagnosis worsened your condition.
Determine an Estimated Value for Your Case
One of the most common questions we hear is: “How much money can I get for my injuries?” Unfortunately, putting an estimated value on your Fort Lauderdale medical malpractice claim is not as easy as it may seem. You need a knowledgeable lawyer to investigate your case and understand all possible effects of your injuries.
We compile all your medical bills, care costs, and even the parking receipts from your doctor’s visits, and begin to tally a cost. We also look at how your injuries affected your ability to work, whether you have impairments that prevent you from earning your full salary, and when you may be able to return to work. Future care costs also play a role.
Legal limits on how much you can recover in noneconomic “pain and suffering” damages make it important to maximize and claim all economic losses. Florida Statute § 766.118 limits your pain and suffering damages at $500,000 from a doctor or $750,000 from nonpractitioners. In rare cases, such as when the malpractice led to death, a vegetative state or catastrophic injuries, the judge may override this limit and grant up to $1,000,000 in noneconomic damages.
While this may seem like a lot, the expenses of ongoing nursing care and other needs add up quickly. We fight for the maximum payout possible for all our clients, ensuring you have the money you need to care for yourself and your family.
How can I contact a Fort Lauderdale medical malpractice lawyer?
At Montero Law Center, our medical malpractice lawyers and staff understand how much you need support and encouragement as you fight to recover physically, emotionally, and financially. We are here to fight for you, and help you get back on your feet. Call us today at 954-767-6500 to schedule a free case evaluation.