Do I Have a Medical Malpractice Case?

• Statute of Limitations
  In the Florida Statute of Limitations (95.11,F.S.) for medical malpractice, it is two years from when the patient either knows, or should know with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. Florida also has a very harsh rule that goes along with it called the Statute of Repose. This rule means that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the actual incident of malpractice.
   
• Getting my Medical Records
  As a patient, you have the legal right to obtain a copy of your medical records from your health care provider. In general, if the patient needs the records for continuing care, they should be provided free of charge. However, if the patient just wants to review them, or have their lawyer review them, the healthcare provider can charge a fee that is governed by law, according to the type of records requested. It is essential that the patient attempt to obtain his own records first. When doctors and hospitals see requests from lawyers, such requests put them on notice of a potential claim. Records can be lost or even changed in some instances after a request from an attorney is received. If you cannot get your records and you think your healthcare provider is violating these rules, contact the Florida Agency for Health Care Administration at 1 (800) 342-0828. If you still cannot get them with the Agency’s help, then you will need the assistance of a lawyer.
   
• Documenting the Events
  When malpractice is suspected, it is best to not accuse or insult the treating healthcare providers.  Instead, you may want to request a transfer of the patient’s care to another hospital or healthcare provider.  Do your best to document the events as they occur, discreetly request the records, and contact an experienced medical malpractice attorney.
   
• Retaining a Consulting Medical Expert
  Physicians in the same state usually do not testify against one another.  As it is difficult to find a good expert witness, it also necessary to seek them from out of state, therefore increasing the costs of the case.  It is essential that the attorney hired to represent the victim, have the access and good repose with the best witnesses available.

What are the Fees and Costs in a Medical Malpractice Case?

• The Attorney’s Fee and/or Contingency Fee
  In most cases, the attorney will advance all the expenses or costs of the case, and then be reimbursed for these costs, only if your case receives a recovery.  Because of the level of difficulty, and many complex issues involved with pursuing a medical malpractice case, the out-of-pocket expenses spent by the attorney on things like medical records, court reporters, expert witness fees, travel expenses, trial exhibits, can easily climb into the tens of thousands of dollars.  In the more complicated cases, these costs can far exceed one hundred thousand dollars ($100,000.00).  The reimbursement of such costs usually occur at the end of the case and is in addition to the attorney’s fee percentage. Our law firm does not require a deposit upon accepting your case, nor will we charge an attorney’s fee or “costs”, unless a fee is recovered for you. If no recovery is achieved, no money will be owed by you.  Each case is reviewed on an individual basis, and the percentage fee will be determined on those circumstances.  Be certain that you understand the arrangement between client and attorney at the beginning of your case.
   
• Other Case Costs
  Other  “costs” may include, but not limited to, outside consulting fees, research, subpoenas, shipping, postage, filing, etc.  Often times, your case will be eligible for mediation status, therefore adding mediator fees, facility fees, and so on.  At times, your attorney may be faced with additional legal hurdles, such as separate litigating issues surrounding your case.  Some examples may include: NICA issues, Guardian ad Litem, and probate, which may require an additional percentage fee.  Because of the complexities surrounding a medical malpractice case, it is always best to contact an experienced Trial attorney that will know how to handle your case.  

What Damages May I Recover in a Medical Malpractice Case?

• Florida’s Cap on Damages?
  Some states have enacted laws which put caps on the maximum amounts people can recover in medical malpractice or personal injury cases.  Other states have no maximum amount.  Legislation has repeatedly proposed a nationwide cap of $250,000 for intangible damages in medical malpractice cases.  Some believe the cap to be unfair, because it would not just apply to frivolous cases, that are often rejected by the courts or overturned on appeal anyway.  It would mostly impact the legitimate cases of severely injured victims, by awarding only partial compensation, while the less severe may receive full compensation.  Moreover, if the maximum exposure of insurance companies is $250,000, rarely will they settle the meritorious cases.   Although there are certain to be constitutional challenges made, Florida has recently passed a new law applying caps on intangible damages in medical malpractice cases. 
   
• Past and Future Medical Expenses?
  When past and future medical expenses are to be determined, your attorney will seek the expertise of certain experts that carry a PhD within a specialized field of economics; often known as, economists, and life care planners.  These fees will be in addition to the overall costs of the case.

Litigation and Trial of a Medical Malpractice Case

• Why Does it Take So Long to Litigate These Type of Cases?
  The average time will vary from city to city and state to state, usually ranging from one year to six years.  In most places, the average is two to three years, and in rare instances can settle in a few weeks or months.  On occasion, a case can last ten years or more including appeals.  While no attorney can promise you how long your specific case will take, it is best to ask what the average length of time is for a medical malpractice case in your area.
   
• Presenting Your Evidence at Trial
  It is the attorney’s sole responsibility to present the “burden of proof”.  It is expressly important to hire an experienced trial lawyer when representing your issues in court.  Take in consideration, his courtroom experience, knowledge of medical malpractice issues, the success rate of his previous cases, and his overall experience of specific case law.