Have you become a victim of medical malpractice and you have questions about a potential claim? Our Tampa lawyers break down what breach of duty medical malpractice claims mean:
Breach of duty medical malpractice means is that in the context of medical malpractice that your doctors owe you the responsibility of providing you care that meets the standard within the community under the same and similar circumstances of your medical condition. If that care isn’t given then that’s a breach of that responsibility.
In the State of Florida, you can’t jump right away into filing a medical malpractice suit. You have to go through a pre-suit process, during which time your attorney will gather all relevant medical records and send these to an expert for independent review. This expert will provide an affidavit, which your attorney will send via certified mail to the medical provider. That medical provider will have 90 days to consult with an attorney and malpractice carrier, and at the end of that period must either admit or deny the claim. If the medical provider denies your claim, your attorney will file a lawsuit.
When looking at who to hire to represent you, experience matters most. You aren’t just looking for an attorney with plenty of court time and peer recommendations, either, though these things are important. Generally, an attorney with some medical background will be more successful in Florida medical malpractice cases. All this information is available online, but you shouldn’t stop there. Remember that you may spend years working with this person. You should meet face-to-face before deciding. You need someone you can trust, someone you’re comfortable talking to, someone who won’t bully you into a course of action you don’t want to take, and, ideally, someone you like.
We know the road ahead for this case won’t be simple, but it isn’t anything that we haven’t gone through before. We know what to expect with our cases and we fight hard to bring you justice.
If you’ve been a victim of medical malpractice, you and your family need compensation. The complexity of malpractice cases require significant research and testimony from expert witnesses, all of whom must be paid. You can’t pay them out-of-pocket because you’re already struggling. This money has to come from your reward. Because of that, your damages have to rise to a certain level, so you can pay your attorney and expert witnesses and still have compensation left over. As such, it is not generally worth your time to pursue a claim for a minor injury. This is something we hope you treat urgently.
If you have been a victim of breach of duty in a medical setting, contact our experienced Tampa Medical Malpractice Lawyers.
Like us on Facebook
