Medical Malpractice is the act of a medical care provider or professional’s negligence which in turn causes injury to a patient. This is a very broad term, yet quite specific at the same time. Extremely strict guidelines must be met for the patient to have any chance in court at all. This is why it’s very important to speak with an attorney about your case before taking a shot at the expensive process. If you attempt to approach a medical malpractice case by yourself, you may not realize that it’s a lost cause and end up severely wasting time.
The guidelines that have to be met are put in place to help prevent—or at least deter—false medical malpractice claims. Personal health and well-being can change suddenly and seemingly without cause; it is human nature to want an answer or closure. Hospitals, medical professionals, and other figures in health care often find themselves getting accused wrongly. This led to most states raising the difficulty of opening a tort case, and lowering the settlement from winning one.
Here are the most important standards that must be met before a court will even consider your case arguable. The patient who is opening the case, also known as the plaintiff, must be able to prove:
The court will, in nearly every case, call upon an expert witness. This witness must be educated, trained, or have more or equal experience in the matter being argued to be able to give a reliable opinion. There are also guidelines for these expert witnesses that are expected to be met in court before anything they say can be taken seriously. Before the real trial, the expert witness will give his testimony to the trial court judge whilst the jury is not present. The judge will then decide if his testimony is worthy of continuing to stand in front of the jury.
Depending on the damage received, you may be entitled to a certain amount of compensation; however, this compensation is limited, or capped, to a certain amount which varies from state to state. There are a few different types of damages you can endure due to medical malpractice. (In depth Medical Malpractice damages)
General Damages: These can range from general, everyday, life altering pain and suffering, to potential earnings being lost due to future inability caused by the injury, for example; if a person was being drafted to the NFL and lost a limb. It also covers general loss of enjoyment in life. These damages are usually asked to and determined by the expert witness(s) that testified.
Special Damages: These are specific, calculable expenses like medical bills, missed work due to the injuries, etc. These can be proved by paperwork, receipts, or anything of the like and often require little to no testifying.
Punitive Damages: These are damages purposely or knowingly inflicted upon the patient that were wrong, harmful, and called for more action to correct. These are normally limited to be less than the cost of repairing general and special damages.
Regardless of the damages caused, Florida has a limit of $500,000.00 in compensation for medical malpractice suits against a health care provider, and a surprising $750,000.00 against non-medical practitioners.
Though it is growing harder and harder to win a medical malpractice case due to increasingly strict requirements, you may have some leverage that you’re unaware that could be crucial in winning a case, so it’s important for you to talk to an attorney as soon as possible.
Medical malpractice is almost never intended. Sometimes health care professionals decide to take personal steps in solving an issue. Perhaps a patient shows signs of deep nerve damage and high pain tolerance, so a chiropractor applies more force than normal, damaging a patient’s spinal cord and causing permanent paralysis. While this case is an extreme and graphic situation, it’s not impossible, and the worst part is, that chiropractor, even though never intending such damages, may end up facing no consequences, charges, limitations, or punishments. It’s a double-edged sword in this scenario. Accidents happen, yes, and perhaps some sympathy for this chiropractor who never meant to cause such life-changing, and possibly life-ending harm, should be expressed, but NEVER should a patient who has received such damage be ignored due to lack of defense.
Here at Dolman Law, we fight to bring these wrongdoers to justice. It’s absolutely unacceptable for a patient to be victim of real, clear-cut medical malpractice, and if you believe you may have a case related to this, we can help. There may be a short time window of opportunity for you to share your case, so don’t wait any longer. Our experienced medical malpractice attorneys will fight to get you the compensation you deserve.
Dolman Law Group has had amazing success in the past with many cases related to this and we only plan on adding to our list of impressive achievements. We’re proud to represent anyone who is a victim of unfair treatment, ignorance, negligence or simply doesn’t know what steps to take to start their legal case. Our proud and respected team will stand with you in your battle to ensure a victorious result.
If you or a loved one has been involved in a situation regarding this topic, Dolman Law Group offers a completely free consultation and case evaluation. That means that for 30 minutes, we will personally sit down with you, hear your case, inform you of your rights and possible courses of action, and offer you our most suited attorney to handle your situation; all completely free of charge. We also offer a confident “No Recovery, No Fee” promise to our clients, enabling your peace of mind knowing that you aren’t obligated to pay us anything until we achieve a pay out to you.
Our offices in both Clearwater and Bradenton ensure easy access from any major location in the Bay area, but should you decide we are ideal for your team, we will advocate for anyone in the state of Florida. We aim for satisfaction from start to end and have no doubts about achieving this goal. Contact Dolman Law Group today and we’ll get started on your case quickly and confidentially.
Dolman Law Group was founded in 2009 by Matthew Dolman, Esq., the President, and partner Christian Myer, Esq. Both Matthew and Christian attended Stetson University majoring in trial advocacy; Stetson has one of the highest rated trial advocacy programs in the nation. They were both also selected as Florida Rising Stars in 2013 – 2014, a prestigious title given by Super Lawyers rating service to outstanding young candidates. Not only was Matthew selected as a “National Top 100 Trial Lawyer”, but also as a “Top 40 Under 40” by NTL (National Trial Lawyers Organization), and scores a perfect 10.0 rating on Avvo.com, a respected online legal directory.
Our firm operates in the Bay Area but serves the entire state of Florida. Focusing on personal injury law, Dolman Law Group represents many practice areas, including those who have been injured in car and motorcycle accidents, wrongful death, traumatic brain injury, slip and fall accidents, distracted or drunk driving, and more. At our firm, we’re on your side, and being home to seven experienced, successful and professional attorneys makes having Dolman Law fight for you a wise choice. We provide an important gateway for success as well by providing our clients with the personal cell phone number of the attorney dealing with their case, enabling the creation of real relationships and connections. We’ve been ‘in it to win it’ since 2009 and we hope you are as well.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
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