Why Hire an Attorney for a Medical Malpractice Claim?

The reasons why it is important to hire a lawyer for a medical malpractice claim are: to receive compensation for the economic and non-economic damages you have suffered, an experienced malpractice attorney can collect evidence, analyze witness and expert statements, establish liability, file paperwork, advise you on statement and agreements and negotiate with the party at fault.

When dealing with a medical malpractice case, it is very important to get in touch with a lawyer who can help you recover the economic damages and compensate your pain and suffering. An experienced medical malpractice lawyer can help you in gathering the necessary evidence requested in court, can analyze together with experts all your medical records, and estimate the amount of compensation you may receive.

In the state of Florida, the statute of limitation states that a person has 2 years to file a lawsuit from the time the injury was or should have been discovered, with a 4-year statute of repose, and 7-year maximum cap for cases that involve fraud, concealment, or intentional misrepresentation by a prospective health care provider.

Here are some reasons why hiring a lawyer as soon as possible after an accident is in your best interest:

  • A lawyer can investigate the circumstances of the accident, establish liability and support your case through evidence before the case is compromised.
  • A lawyer can take care of all the paperwork while you concentrate on your recovery.
  • A lawyer has the experience and the necessary know-how to deal with institutions and companies that have prior experience in dealing with claims. This is a very important aspect for those people who file a lawsuit for the first time and have no legal background or experience in dealing with complex cases.
  • A lawyer can prevent you from making a statement to any insurance company and compromising your chances of compensation.
  • He or she can advise you not to sign an early agreement with the insurance company, before you know the full extent of your damages and the associated costs.
  • An attorney can negotiate with the at-fault party or his insurance company to establish a just compensation.
  • If case negotiations fail, an attorney can take your case to court, before the statute of limitation expires.

The main thrust of a medical malpractice suit is proving fault. You can file a lawsuit against the doctor or medical personnel responsible for your medical treatment, the hospital or the health care facility where you received treatment or any other organization or medical corporation that might be responsible for your injury. When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of "respondeat superior." In some cases, a pharmaceutical manufacturer may be liable where a drug caused patient injuries, but only if the manufacturer failed to warn physicians of the drug's potential side effects or dangers.

Thus, the legal concept of medical malpractice is not limited to the conduct of medical doctors, but applies also to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and others that provide health care services. No matter who is at fault for your injuries, you must contact an experienced medical malpractice lawyer to help you file a claim.

For questions and free legal advice to help individuals please call us

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.