Medical Malpractice

What is medical malpractice?
Medical malpractice is the failure of a doctor or other licensed medical professional to provide a patient with treatment equal to the customary standard of care that results in an injury to the patient.

Who can commit medical malpractice?
Any person who provides service to or on you that you rely on.

Usually the individuals are licensed or regulated by the state.
What is customary standard of care?
The customary standard of care refers to the degree of care and skill that the average qualified doctor would provide with similar circumstances of your case.

What if my treatment didn't provide the outcome I desired or that the doctor said it would?
If the desired outcome had nothing to do with the doctor's skill of care exercised, then the likelihood is that there is no medical malpractice committed.

How is it determined that a doctor failed to follow the customary standard of care?
A medical expert will review your medical records and examine you to determine the validity of your claim. This expert will then make a recommendation to the lawyer as to the level of harm you have received as a result of a breach of the customary standard of care.

Can a cased be tried without a medical expert involved?
No, a case can't be tried without a medical expert involved.

How are damages calculated for medical malpractice?
A combination of variables is used. Many states have limited the amounts that can be awarded and the validity of the case and the testimony of facts by those involved and the expert witness will play a part in determining the reward amount.

What should I do if I am injured?
If you or a loved one has a potential mass tort claim, call GLINN, SOMERA & SILVA at (866) LAW-LAWS or 561-981-8881 or submit an online questionnaire. The initial consultation is free of charge. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations so please call right away to ensure that you do not waive your right to possible compensation.

Is there a deadline for filing a medical malpractice claim?
Yes, the timeframe to file is dictated by the state, and many of the states have reduced the timeframe to make it more difficult to delay a legitimate filing. Some states have even required mandatory arbitration before a lawsuit for medical malpractice can begin.

What are Statutes of Limitations?
The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases.

In general, however, the statute of limitations in Florida for medical malpractice cases is from one to two years, and the time begins from the time of the accident. In addition to the time within which a case must be filed, there may be other statutes, which must be complied with before you will be able to file a lawsuit such as lawsuits against governmental agencies, cities, counties and states. These matters are very complex. Because a failure to comply with any one of these statutes may result in your inability to file a lawsuit at all, I urge you to contact our office at the earliest time possible to discuss the facts and underlying circumstances of your case.

What about the costs involved in pursuing a case?
Some attorneys will agree to handle medical malpractice cases on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his or her services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment. In many instances, such attorneys will also pay the case development expenses (such as expert fees, deposition costs, etc.) with the understanding that he or she will recoup such costs only in the event of a recovery. Therefore, you may be able to secure legal representation without having to pay any attorney's fees or expenses out of your own pockets.

How long will it take to settle my claim?
The time it takes to settle a medical malpractice case depends on the circumstances surrounding the case. The more complex the case and the more serious the injuries, the longer it may take to settle. Before settling a case, I make sure that my clients' injuries have completely resolved. In the case of injuries that persist or are permanent in nature, I am able to determine the nature and extent of future damages with the assistance of your treating physician(s) or sometimes with the assistance of medical experts and economists. It is essential to us that you are fully compensated for all of your injuries past, present and future. Losses and costs such as future expenses for medical treatment, future revenue or wage losses, costs for job retraining, vocational rehabilitation, and future pain and suffering are among those damages we include in our settlement negotiations so that you are assured of being fully compensated for all of your injuries.

What if I am told by an attorney that I do not have a good case?
Determining whether or not one has a "good case" is not an exact science. Because such determinations involve the professional judgment (based upon many factors and considerations) of experts and attorneys, it is recommended that you seek a "second opinion" from one or more qualified attorneys if told that your case is without merit.