Medical Malpractice Lawyers Serving Parkland
Parkland was founded in 1963 and was named after the park-like settings of the area. This city has approximately 35,000 people located in Broward County. It is a popular tourist destination due to its many area beaches, parks, and attractions. Parkland is also home to the 4,500-acre Parkland Estates, which is one of the largest planned communities in South Florida.
Numerous hospitals and medical centers throughout Parkland provide healthcare services to local residents. Therefore, it is important for individuals living in this community to understand their rights when filing a medical malpractice claim if they believe they have been harmed due to improper medical care or treatment.
Before pursuing legal action, potential plaintiffs should make sure that all available information about the incident is collected. This includes documentation from the doctor or hospital, relevant reports from tests performed, and other information related to the incident.
Additionally, those considering a medical malpractice claim must ensure that their case falls within the statute of limitations for the state of Florida, which requires such claims to be filed within two years from the date of injury or discovery of an injury.Can I File a Medical Malpractice Claim If I Have Signed A Consent Form?
Yes, you can. While a consent form shows you agree with the doctor's proposition, it does not necessarily prevent you from filing a medical malpractice claim. To successfully file a medical malpractice claim, even after signing a consent form, you must be able to prove that your doctor or healthcare provider failed to follow the standard of care when they provided you with care or treatment.
If your doctor or healthcare provider did not follow the standard of care and it resulted in you being injured, then you may be eligible for a medical malpractice claim regardless of whether you signed a consent form.
A consent form does not act as an admission of guilt, and it does not mean that your doctor or healthcare provider is not liable for any resulting injuries. It simply means that you agree to receive the recommended course of action and are aware of the risks associated with that action.
Additionally, in some cases, a doctor may have failed to properly inform a patient of all the potential risks of a procedure, which could also constitute medical malpractice if it resulted in an injury.
It is important to understand that filing a medical malpractice claim can be complex, and it is in your best interest to consult with a knowledgeable attorney who can review the specifics of your case and provide you with legal advice.What Is the Medical Malpractice Statute of Repose?
The medical malpractice statute of repose is a legal time limit that sets the maximum period during which a claimant may bring a lawsuit against a healthcare provider. The time frame varies from state to state but typically ranges from one to seven years.
In Florida, the statute of repose for medical malpractice claims is two years, beginning when the alleged negligent act occurred. The statute of repose protects medical professionals from liability for long-term injury or harm caused by their actions after a certain amount of time has passed.
In addition to the statute of repose, Florida also has a discovery rule, which states that claimants have two years to file suit from the date they discover or should have discovered the injury. This means that if the injury was discovered or should have been discovered after two years from the date of the act, then the claimant can still pursue legal action.
The statute of repose does not apply in all cases, so claimants need to understand their rights and options before pursuing a medical malpractice claim. For example, in cases involving minors, the statute of repose may be extended until they turn 18, giving them more time to file suit. It's also important to note that if a patient is unaware that an injury has occurred at the time of the negligent act, then the statute of repose may not apply.What Is a Subrogation Claim?
When filing a medical malpractice claim, you are given different claim options; one of these is a subrogation claim. This claim can be filed when an injured party's insurance company steps in and attempts to recover the money they paid for the injured party's medical bills. In a medical malpractice case, the insurance company is essentially trying to recover the costs they incurred when they paid for the treatment of the wronged person.
The subrogation process can involve complex legal proceedings, and the insurance company may need to hire a lawyer to pursue this type of claim. The lawyer will then work to prove that the doctor or medical facility was at fault for the injury or death that occurred. The insurance company must be able to show that the doctor or medical facility did not provide reasonable care or that the care was substandard.
If the insurance company is successful in its claim, it will be able to recoup the money it paid out for medical expenses. This money can then be used to help cover any other expenses associated with the medical malpractice case, such as court fees, attorney's fees, or any other related costs.
Subrogation claims can be complex and time-consuming, so it is important to understand the process and ensure you have an experienced lawyer. A lawyer can help you navigate the complexities of a subrogation claim and ensure that you are fairly compensated for your injuries or losses.Can I Represent Myself in a Medical Malpractice Case?
When it comes to a medical malpractice claim in Florida, you may wonder if you can represent yourself. The answer is that, yes, you can represent yourself in a medical malpractice case. However, there are several factors to consider before doing so.
First and foremost, medical malpractice cases require a great deal of knowledge about the applicable laws, the medical procedures and records involved, and the complex legal issues that arise in such cases. You may be disadvantaged if you don't have experience in these matters. Additionally, you may face an uphill battle when dealing with insurance companies and attorneys who are likely representing the other parties.
If you decide to proceed on your own in a medical malpractice case, there are several steps you can take to prepare. Researching the law and the legal process can be a good place to start. You may also wish to consult with a lawyer to understand how the process works and what you should expect along the way.
Additionally, consulting with an attorney can provide valuable advice and guidance if you have any specific questions related to your case. Finally, it's important to remember that if you choose to represent yourself, you may be responsible for handling every aspect of your case from start to finish.What Expenses Can I Expect in a Medical Malpractice Case?
When filing a medical malpractice claim, it's important to be aware of the expenses you can expect to incur. This is to ensure that you are properly prepared when filing a case.
- The first expense you will likely encounter is the cost of obtaining medical records. This is because medical records are necessary for the plaintiff and defendant in a medical malpractice case. Medical records typically cost between $200-$500, depending on the state.
- The second expense you may incur is the cost of hiring an attorney. Attorneys focus in medical malpractice cases and can help guide you through filing a claim. Attorneys typically charge hourly and may also require a retainer fee.
- You may also need to pay for expert witnesses to testify on your behalf. These witnesses can provide valuable evidence about your case and make or break a successful settlement. Depending on the area and nature of expertise, expert witnesses typically cost anywhere from $2,000-$10,000.
- Finally, additional costs associated with court fees, filing fees, and other miscellaneous expenses can add up quickly. Make sure to account for these costs when budgeting for your medical malpractice case.
Although the expenses of filing a medical malpractice claim can be expensive, it's important to remember that pursuing a claim can be the best way to seek justice and obtain compensation for your losses.How Can I Find out If a Doctor Has Previous Medical Malpractice Cases?
If you are considering filing a medical malpractice claim against a doctor in Florida, it is important to find out if the doctor has a history of medical malpractice. To do this, there are several resources you can turn to.
- First, you can contact your state's medical board. Medical boards keep records of professional misconduct or disciplinary actions against a doctor. These records will include any lawsuits or claims that have been filed against the doctor in the past.
- You can search court records and the National Practitioner Data Bank (NPDB). The NPDB is a national database maintained by the federal government that contains information on physicians and other healthcare The NPDB includes information on malpractice payments, licensing actions, and disciplinary actions against healthcare professionals.
- You may also wish to contact your local medical society or county medical association. These organizations can provide information on the doctor's background and previous malpractice suits.
It is important to remember that just because a doctor has had a previous malpractice claim against them does not necessarily mean they are guilty of malpractice. However, knowing a doctor's history is important to determine if they are the right doctor for your particular situation.Can a Medical Malpractice Case Be Reopened After It Is Settled?
In certain circumstances, a medical malpractice case can be reopened after it is settled. Generally, three primary reasons can lead to reopening a medical malpractice case in Florida. These include:
- A defect in the settlement agreement itself. This can include mistakes in the wording of the agreement or a failure to disclose all relevant information that could affect the case's outcome.
- If a party fails to honor the terms of the settlement agreement, such as by not paying a required amount or not providing medical services promised under the agreement.
- When newly discovered evidence reveals that medical malpractice occurred and was previously unknown to the parties involved in the settlement.
If you believe your medical malpractice case should be reopened after it has been settled, it is important to speak with an experienced medical malpractice attorney to determine your best course of action. An attorney can advise you on whether you have sufficient grounds to reopen your case and guide you through the process.Are Nursing Home Cases Considered Medical Malpractice?
Nursing home cases can be considered medical malpractice, although they may involve different parties than a typical hospital malpractice case. When a nursing home resident is injured due to the negligence of the facility's staff or a physician, it may give rise to a medical malpractice claim. In these types of cases, it is important to remember that you are not suing the nursing home itself but rather the responsible individuals.
When filing a claim, you will need to prove that the nursing home staff or physician failed to provide an acceptable standard of care and that their negligence resulted in the injury. Negligence may take the form of failing to adequately monitor the resident's health, failing to provide adequate medical treatment when needed, or failing to prevent falls or other injuries.
It is important to remember that medical malpractice claims related to nursing home care can be complex and require extensive research into the facility's policies and procedures. It is also important to remember that nursing home negligence is often a violation of both state and federal law.Who Do I Sue if Something Happens During Labor or Any Birth Procedure?
The responsible party can vary depending on the circumstances when medical malpractice occurs during labor or any birth procedure. Generally speaking, a medical malpractice lawsuit in Florida will name all healthcare professionals involved in the care, including the attending physician, nurses, and other medical staff. If a hospital is involved, it may also be named a defendant in the lawsuit.
When an unborn child is affected by medical negligence, the unborn child's mother may have a claim for wrongful death against the responsible healthcare providers. In such cases, damages may include losing the financial and emotional support the unborn child would have provided to the mother and her family. Additionally, if the mother suffered physical or emotional harm due to medical negligence, she may also be able to seek compensation for those damages.
It's important to remember that medical malpractice cases are incredibly complex and require specific knowledge of the law and healthcare practices.Do Unexpected or Unsuccessful Results Mean Medical Malpractice Has Occurred?
When a patient seeks medical treatment, they expect their condition to be treated or improved in some way. When unexpected or unsuccessful results occur, it doesn't necessarily mean that medical malpractice has occurred.
However, if it can be proven that the doctor or other medical professional acted negligently, then the patient may be able to pursue a claim for medical malpractice.
The standard for proving medical malpractice is based on what is considered to be the accepted practice of care in the medical community. In other words, the doctor is expected to take reasonable steps to diagnose and treat the patient's condition. If the doctor fails to provide an acceptable standard of care, they can be held liable for any resulting damages.
To prove that a doctor or other medical professional acted negligently, the plaintiff must show that the medical professional was negligent in diagnosing or treating the patient's condition, that their negligence caused injury or harm, and that the injury caused damage.
This includes physical pain, emotional distress, financial losses, and more. It is important to note that medical malpractice claims must be filed within a certain amount of time after the incident occurs, as determined by each state's statute of limitations.
When an unexpected or unsuccessful result occurs, it is important to seek the advice of an experienced medical malpractice attorney to determine if the doctor was negligent and if a claim should be pursued.Contact Frankl Kominsky Injury Lawyers Medical Malpractice Lawyers Serving Parkland
If you're a victim of medical malpractice in Parkland, you need experienced legal representation. Frankl Kominsky Injury Lawyers medical malpractice lawyers serving the Parkland area have years of experience representing victims in Parkland and the surrounding areas. We understand the laws related to medical malpractice and can help guide you through the legal process.
When you contact Frankl Kominsky Injury Lawyers medical malpractice lawyers, we will listen to your story and explain your legal rights. We'll help you determine if a lawsuit is appropriate and develop an effective legal strategy. Our experienced team will help you build your case, collect evidence, negotiate a settlement, or take your case to court if necessary.
You can trust that our medical malpractice lawyers will work hard to ensure you get the justice and compensation you deserve. We are dedicated to protecting our clients' rights and fighting for fair settlements. To learn more about how we can help, contact our office at (561) 800-8000 for a free consultation.