Kissimmee Medical Malpractice Lawyer
An incidence of medical malpractice can be emotionally traumatic and physically debilitating, as some cases result in permanent injury, illness, disfigurement or even death. For those who survive their encounter with medical malpractice, their ability to live independently and earn an income can be dramatically impacted. Additionally, there are medical bills that may be incurred as you try to correct the problem(s) that arose as a result of the medical mistake or negligence.
An experienced Kissimmee personal injury lawyer like attorney Robert J. Horst will work to get you the compensation you deserve in your medical malpractice lawsuit. Whether you’re seeking to recover compensation for hospital bills or are trying to pick up the pieces following the wrongful death of a loved one, you need a compassionate and caring medical malpractice attorney who will work to get you the compensation you rightfully deserve.
According to the Florida definition of medical malpractice, a case may be considered malpractice if a patient suffers ill effects due to a health care professional’s failure to provide appropriate treatment in accordance with the medical community’s accepted standard of care.
It is important to note that while the statute of limitations for most personal injury lawsuits in Florida is four years from the date of the event, the timeframe for medical malpractice cases is significantly shorter.
In Florida, the statute of limitations for medical malpractice is just two years from the date when you discovered (or ought to have discovered) that the injury, mistake or negligence occurred.
If you suspect that you or a loved one were the victim of medical malpractice in Kissimmee, St. Cloud, Orlando or any other Central Florida community, you’re encouraged to contact an experienced legal professional to discuss your case as soon as possible.
Do not miss out on your chance to get the compensation you rightfully deserve. Contact Kissimmee medical malpractice attorney Robert J. Horst to request a free and fully confidential consultation today. Call (407) 601-3999.
Common Questions About Personal Injury Cases Involving Medical Malpractice
If you were the victim of a medical mistake, you probably have many questions and concerns. The following is a look at some of the most common questions concerning medical malpractice in Kissimmee.
Do I Need a Medical Malpractice Lawyer?
It is usually in your best interest to obtain the services of a personal injury lawyer to handle your Kissimmee medical malpractice lawsuit. These cases can be amongst the most complex personal injury cases because they involve both law and medicine. A lawyer who specializes in this area will have extensive knowledge in both fields, providing you with the best possible chance of getting the compensation you deserve.
Your attorney can also leverage a number of top medical experts to consult on your case, increasing your chances of a positive outcome. Without an attorney’s assistance, you may get just a mere fraction of the compensation that you are rightfully owed.
What Should I Look for When Hiring a Medical Malpractice Lawyer?
The physician, health care professional or medical facility that’s liable in your case will likely be represented by top legal professionals who specialize exclusively in this niche. You don’t want to go up against a top defense team alone!
Comprehensive medical knowledge and insight into the most common issues and strategies that one may encounter in this type of case are all critical attributes that your lawyer ought to possess. You should also seek an attorney who has an extensive network of medical professionals who can consult on your case, along with a strong track record of favorable case outcomes.
Kissimmee medical malpractice lawyer Robert J. Horst has the knowledge, insight and experience you need to maximize your chances of seeing a positive conclusion to your case.
What Do I Have to Prove in a Medical Malpractice Case in Florida?
In the state of Florida, medical malpractice lawsuits involve a total of four elements. Your attorney must work to prove these four points in order to ensure success:
- Duty: The health care professional has an obligation to carry out their medical duties in a responsible manner. He or she must act in accordance with the medical community’s standard of care and treatment. Your attorney must prove that they did not act in accordance with this duty.
- Breach: Your attorney must prove that the medical professional in question breached their obligations to you, as a patient. This means that the care provided fell below the accepted standard of care.
- Damages: The attorney must prove that damages occurred as a result of the breach – the medical mistake or oversight. This means that you suffered harm in some form.
- Causation: A personal injury lawyer must prove that this breach in the standard of care directly caused harm or damages to the patient. If a breach does not cause harm, then it can be difficult to win the case. For example, if an ER doctor failed to notice a hairline fracture, but the injury was noticed by another physician shortly thereafter, resulting in appropriate treatment, then it would be difficult to prove that any harm resulted from the first doctor’s inattention.
How do I File a Medical Malpractice Suit in Florida?
When filing a medical malpractice lawsuit in Florida, the victim (also known as the plaintiff) must follow strict guidelines, or they could be barred from filing a claim. This is one of the reasons why it’s so critical to seek help from a Kissimmee medical malpractice lawyer as soon as possible.
The plaintiff and his or her attorney must adhere to the following process in order to file a lawsuit for a medical mistake in Florida:
- The personal injury lawyer must perform an investigation to confirm there are “reasonable grounds” to believe that a medical professional was negligent, as well as “reasonable grounds” to believe that this negligence caused harm to the victim.
- Your attorney must collect and review all of your medical records. These records must then be delivered to a medical expert, who will perform a comprehensive review of the medical facts.
- The consulting medical expert is required to deliver a “verified written medical expert opinion.” This is an affidavit whereby the physician swears that he or she has reviewed your records and believes that “reasonable grounds” exist to file a medical malpractice lawsuit in Florida, following state regulations.
- Your attorney must file a “Notice of Intent to Initiate Litigation for Medical Negligence.” He or she will include the medical expert’s affidavit. This Notice of Intent has the names of the possible plaintiffs and defendants in the medical injury lawsuit. Each prospective defendant is required to receive a copy of this document.
- Once the Notice of Intent is filed, a 90-day investigative period will follow. Over this three-month period, all involved parties will exchange information, documents, answer questions and make (unsworn) statements.
- At the end of the 90-day investigative period, the defendant may reject the injury claim, offer a settlement or offer to arbitrate.
What Type of Compensation Can I Get in a Medical Malpractice Lawsuit?
In the case of a medical malpractice case, you may receive compensation for the damages that are proven to be a direct result of the medical processional’s negligence. These damages are provided in an attempt to correct the damage and to make you “whole” again. You may be compensated for your losses, both economic and non-economic. These losses may include medical expenses, lost wages, losses stemming from an inability to earn a living, loss of consortium, and pain and suffering.
If a medical professional acted with a degree of gross negligence, you also may be entitled to punitive damages. These types of damages intend to punish the health professional while serving as a warning to others who may consider doing something similar in the future.
Trust Your Case to a Top Kissimmee Medical Malpractice Attorney
As an experienced Kissimmee personal injury lawyers, attorney Robert J. Horst has the knowledge, strategy and insights you need to maximize your chances of a favorable outcome.
If you or a loved one were injured or died from a medical mistake a health care professional’s negligence, contact Horst Law Firm to arrange a free case evaluation. You must act soon because the law limits how long you have to take action. Call (407) 601-3999.