When dealing with a legal matter, think Pink.
Orlando Medical Malpractice Lawyers
Dedicated to Helping Those Injured by Medical Professionals Seek Justice
Were you injured by a nurse, doctor, hospital, or healthcare provider? Or was your loved one injured? If you believe that the accident was a result of the carelessness of the party or parties involved, we can represent you and help you fight for the damages you deserve.
In a medical malpractice case, you could be entitled to the following:
- Lost wages
- Medical bills
- Emotional pain and suffering
You may be wondering “How do I know if I have a case for medical malpractice?" You can file a claim if the medical community caused you injury or if it caused the death of a loved one. The general rule of thumb: You have a case if a healthcare provider failed to act in a way that others with similar training would have and you experienced physical or emotional harm as a result.
THE COMPLEXITY OF ORLANDO MEDICAL MALPRACTICE CASES
Because medical and insurance interests have sponsored legislation to impair an individual's ability to hold doctors and hospitals accountable for their mistakes, medical malpractice cases can be extremely complex.
WHAT ARE NON-ECONOMIC DAMAGES?
While there is a limit on the "non-economic" damages you can receive such as:
- Pain and suffering
- Mental anguish
WHAT ARE ECONOMIC DAMAGES?
There is no limit to the "economic" damages you can receive such as:
- Medical bills
- Lost wages
- Lost future earnings
Florida imposes different limitations for damages against "non-practitioners" versus "practitioners," so these cases can seem quite confusing to the untrained mind. Our Orlando medical malpractice lawyers are dedicated to handling these legal complexities for you.
WHAT DAMAGES ARE YOU ENTITLED TO?
- For non-economic damages: For practitioners, non-economic damages shall not exceed $500,000 per plaintiff and the total non-economic damages from all practitioners shall not exceed $1,000,000. For non-practitioners: non-economic damages shall not exceed $750,000 per plaintiff and the total non-economic damages from all non-practitioners shall not exceed $1,500,000.
- Severe non-economic harm and catastrophic injury damages: For practitioners, the non-economic damages recoverable shall not exceed $1,000,000. For non-practitioners, the non-economic damages recoverable shall not exceed $1,500,000.
- Emergency services and care negligence damages: For practitioners, non-economic damages shall not exceed $150,000. The total non-economic damages recoverable by all practitioners shall not exceed $300,000. For non-practitioners, non-economic damages shall not exceed $750,000. The total economic damages recoverable shall not exceed $1,500,000.
- Negligent services and care to a Medicaid recipient damages: Non-economic damages cannot exceed $300,000. Each practitioner is not liable for more than $200,000. These damage caps do not apply, however, if it can be proved that the practitioner acted wrongfully.
- Death or permanent vegetative state damages: For practitioners, damages can exceed $1 million (thanks to a March 2014 Florida Supreme Court decision). For non-practitioners, total non-economic damages cannot exceed $1,500,000.
It is important that you file a claim within two years of discovering that the incident happened and no later than four years after the accident occurred, otherwise your claim will be dismissed. If the doctor or hospital hid the mistake from the patient, the timeline is extended two more years, but no more than seven years from when the accident occurred.
To ensure that your best interests are protected and that you have the best fighting chance at the justice and compensation you deserve, we urge you to retain experienced legal representation as soon as possible. Our Orlando medical malpractice attorneys can call upon the necessary experts who can testify on your behalf against any doctors or hospitals that caused you harm.
You are entitled to compensation for the following:
- Past and future medical bills resulting from your injury
- Past and future lost income
- Pain and suffering. This classification of compensation refers to physical pain and emotional suffering. The compensation is based on how your injuries negatively impacted your ability to enjoy your hobbies and other “joys of life” like your job and your family. Usually, this is the largest financial component of a settlement or verdict.
- Injuries resulting in permanent scarring, impairments, and/or other limitations.
In the case of an automobile or motorcycle accident, if the person who is at fault for an accident does not have insurance, then we do three things. First, we run an asset check on the at-fault party to see if he or she has assets that we could possibly seize to cover your damages.
This requires us to file a lawsuit against the individual. Second, we look to see if the defendant's driver owns the vehicle. Sometimes the driver and owner are two different people.
While the driver might not have insurance, the owner may be insured, especially if the vehicle is financed. Third, we do a complete assessment of the client's insurance coverages to see if this individual has Uninsured/Underinsured Motorist coverage.
If that is the case, then we look to the client's insurance coverage to compensate this individual for his or her injuries and damages. This should not cause the client's insurance to go up since he or she is not at fault for the accident.
There are five things you should do immediately after an accident. These include the following steps:
- Call 911 and report the accident. Regardless of the extent of the property damage and how you feel after the collision, you must call 911 and report the accident. If you do not call 911, the insurance company will use this against you when we negotiate the value of your claim.
- Exchange information with all other drivers involved in the accident. Be sure to get the other driver's tag number, license number, and insurance company information. Even if you are waiting for the police to arrive, you still need to start gathering this information. There are unfortunately many situations in which the at-fault driver flees the scene of the accident.
- Investigate. Seek out witnesses and take photos. Even if the other person admits fault, his or her story may change once you file a claim. Witnesses will not wait for the police to arrive, so you need to get their contact information right away. Also, scene and property damage photos can be critical in proving how the accident happened and the forces exerted on your body.
- Seek medical attention. Whether it is at the accident scene or at the hospital, later on, it is essential that you seek medical attention as soon as possible so you fully understand the extent of your injuries. This will also help you ensure that your injuries are well-documented. The insurance company will use any delay in medical treatment against you.
- Do not discuss your injuries with the insurance company. Report the facts of the accident (what happened) to your insurance company, but do not discuss your injuries. Because adrenaline is flowing through your body, you may not immediately feel the full extent of your injuries. Statements such as "I'm not injured" or "I'm OK" can and will be used against you by the insurance company.
Yes, but it will be difficult to do on your own. Consult an attorney to help you determine your options, especially if there were injuries involved.
- Make sure your injuries are documented in medical records as soon as possible. The insurance company will deny your injury claim unless each injury is documented in hospital records on the date of the accident or within 24 hours of the injury.
- See your primary care physician as soon as possible. Your doctor will document your injuries and prescribe a course of treatment, and the doctor’s chart notes will help us prove the extent of your injuries.
- Contact a lawyer to help you prove fault (liability) and the extent of the injuries and harm that you experienced due to the accident. Lawyers should have the resources necessary to get the most value for your case. The sooner you contact a lawyer, the sooner you get to relax and heal while we do the work of getting the money you deserve.