No Holds Barred: An interview with a Fort Lauderdale Attorney about Medical Malpractice

Did he ever score a win? He smiled, with the knowing smile of Mona Lisa.

Medical Malpractice cases have seen days in court and most of the victims have been rewarded relief, however no amount of financial reward can ever compensate for the loss of a future, atop an operating table. Joshua, 19, lost not just a limb, but a life-long career; Daniel, the chance to see his son's smile again.

Medical malpractice cases have gripped the headlines in the past years; most recently, a plaintiff who was a promising football player, went to see a surgeon for his chronic back pain. When he woke up he can no longer play, nor walk ever again. $11.7 million was huge payback, when an Atlanta Circuit Court Judge ruled in his favor, but to be confined in a wheelchair for life was never a happy bargain. Nevertheless, Joshua was thankful that he now has money to bankroll a future, whatever is left of it, for him.

How difficult it is to win, or lose in a medical malpractice case? A Fort Lauderdale Attorney, who has built an expertise on medical malpractice, came forth with some answers to most frequently-asked questions:

Q: What qualifies an act as a medical malpractice?

A: When a negligent act, which causes injury to a patient receiving medical care is caused by a medical professional, such as a doctor, nurse, therapist, hospital technician, hospital worker, dentist or by anybody else in similar category, there is medical malpractice.

For more details about medical malpractice, Fort Lauderdale Lawyers have the expertise.

Q: Is every negligent act committed by a medical practitioner, a medical malpractice?

A: For a negligent act to be considered a medical malpractice, three (3) requisites must concur: 1.) the medical professional has a duty to provide medical care to someone 2.) the negligent act caused the breach of duty 3.) an injury directly resulted from such breach.

Fort Lauderdale Attorneys encourage those harmed by a medical malpractice to seek immediate legal intervention; filing of the case has specific time period, which varies from state to state.

Q: What is "standard care"?

A: "Standard care" is the yardstick used to determine if the negligent act committed by a medical professional is actionable or not. The negligent act should be established as a willful deviation from "standard care" that a prudent and reasonable medical professional would give to patients in his care, under similar circumstances.

Q: Define a "patient"?

A patient is one who receives medical attention, or under medical care.

Q: What is the first step that a plaintiff should undertake when filing legal action for medical malpractice?

A: Through his counsel, the plaintiff should file a "Certificate of Merit". This is a document, which describes that before a medical malpractice case is pursued in court by the plaintiff, all his relevant records and information about the case underwent close scrutiny and evaluation by a medical expert; when evidence purports merit to file an action in court, lawyer for the plaintiff should file first a "certificate of merit".

Florida Malpractice Lawyers explain that "Certificate of Merit" is a pre-requisite to filing a medical malpractice case in court.

Q: Is there a prescribed period for filing a medical malpractice case?

A: When in Florida, Florida Injury Lawyers take on medical malpractice cases with sense of urgency. More than the financial reward that they could win in favor of their client, they also believe that a speedy dispensation of justice, appease the tragedy that falls upon every victim of medical malpractice.

You should talk to your lawyer immediately, detailing to him relevant information regarding your association with the defendant before, during and after the incident. Specific periods for filing, varies from state to state.

Q: In a nose job, if the patient does not get the " perfect" nose she wanted, can it give rise to a medical malpractice case?

A: No. For a medical malpractice case to prosper in court, there should be a deviation or breach of duty to render standard care upon the patient, and such breach caused an injury to the patient. A less-than-perfect nose job does not merit an actionable negligent act.

Q: Doctors make their patients sign a "consent form" before they perform a clinical procedure. In the event of medical malpractice, does the consent form affect the outcome of the legal action?

A : No, it does not prevent the aggrieved party from seeking relief for damages, provided the requisites for a medical malpractice case are met.

Q: Is medical malpractice a "winnable" case?

Again, that knowing smile.