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Although this may sound like “tough love”, if you feel that you need or want to bring suit against your doctor because he or she injured you or a loved one, and your family or friends are giving your grief about it, maybe it’s time to think about whether they really have your best interests at heart. If bringing suit is something you feel that you need to do to pay for lost wages, medical bills, pain and suffering, or just to regain some sense of control over the situation, your good friends and family will eventually come to understand and stick by your side.
The incident that caused the stress must have been due to extreme or outrageous negligence and that the actions caused you emotional harm. For example, if you are involved in an accident with a drunk driver in which a family member was killed, you may be able to file a claim for emotional distress due to the negligence of the driver in getting behind the wheel of a car while intoxicated.
It is pretty simple to add up your actual costs; however, calculating an amount, to sum up your pain and suffering can be quite a challenge. The longer you estimate your pain and suffering to continue, the higher your claim will be worth. An attorney can help you effectively and reasonably convey the huge impact the pain and suffering from your injury has had on your life.
Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.
Holding Negligent Healthcare Providers Accountable Our team of experienced, litigating attorneys have spent thousands of hours in actual courtrooms fighting for victims of medical malpractice in Florida. Our firm has the resources necessary to hire the appropriate expert witnesses, investigators, … Continue reading Florida Medical Malpractice Attorneys
Approximately 1% of all medical patients will be a victim of medical negligence (malpractice). However, less than 3% of those victims will file a claim for malpractice. This means that the overwhelming majority of victims never seek justice. There could be many reasons why. They may not know that they were victims of malpractice. They may not know what malpractice actually is. They may be unaware of the legal process that would help them recover damages. Whatever the reason, every victim of medical negligence has the right to pursue a claim in a court of law, and there is a process to filing and pursuing a medical negligence claim.
This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided â€œas isâ€ without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regarâ€™s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
If you have been injured by a doctor, then the first step you MUST take is to request a copy of you medical records. This may be a little difficult, because some offices may try to stall or stonewall you. They will also charge you a copying fee for doing this, so be prepared. However, federal law states they must provide you with a copy of your records if you request it. These files may contain information about what went wrong with your treatment to cause the injury in question. That is why it is necessary to get a copy as soon as possible. (It should also be requested quickly after the incident because some records can be altered.) Simply contact the doctor’s office and ask for a copy of everything. This should include all notes from the doctor and other staff as well as lab work and medical imaging such as x-rays or CAT-Scans. If the incident occurred at a hospital, check with their medical records department for this information.
That is one of the main reasons the legal system exists! To compensate people who been injured by their doctors’ mistakes! If your doctor has made a medical mistake, he may well have committed what is known in the legal community as negligence. In order to prove negligence, your attorney will have to show that (a) your doctor owed you a duty of care, (b) your doctor breached that duty of care, (c) your doctor’s breach caused you injury, and (d) you did in fact suffer an injury.
Many people don’t bring a meritorious lawsuit against their doctor because of fear concerning family and friends. Only you can decide for yourself whether bringing a lawsuit against your physician is the right thing for you to do. Only you know the pain and suffering that you have endured – nobody else. Only you know the extent of your lost wages, medical bills, and injury.
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We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.
But it doesn’t get much more complex than a medical malpractice case. You’ll need to prove complicated legal and medical issues like the applicable medical standard of care that the doctor should have complied with in your case, and you’ll need to be prepared to refute the other side when they come to the table with their own medical evidence. What’s more, many states require medical malpractice plaintiffs to jump through certain procedural hoops at various points in the case.
2. Lawyer - choose a lawyer you feel happy and comfortable with. Of equal importance to this, ensure the lawyer you choose is specialised in medical negligence law. 1stClaims will be able to help you find the perfect lawyer for you, so get in touch with us today. They will be able to give to the legal support you need. You can do this on behalf of a family member if they are unable to do this on their own.