Many factors determine whether a malpractice attorney in Florida will take your case. Since each case is distinctive from all others, the particulars of the case must be considered carefully. A malpractice attorney will not accept the case if he or she feels there is no basis for the case. Malpractice laws are very specific in Florida and the case must meet certain criteria to stand up to the strict laws of Florida malpractice suits. These cases are extremely time consuming and therefore will cost a huge sum of money to reach the desired outcome, so be prepared for the long haul if you have a sustainable malpractice suit. The attorney will not want to waste your time or his.
To determine if there is a good case for medical malpractice, consider what it means. For instance, if a doctor misdiagnosed an illness and it caused the delay of proper treatment, it may be a good malpractice case. If you were given a misdiagnosis originally and the doctor later caught that the diagnosis was wrong and proper treatment was given with no detrimental effect to the patient, the malpractice suit is not a good one and a waste of time for the attorney and the client. In other words, only part of the requirement exists to win the lawsuit. There is not nearly enough evidence to convince a jury or a judge.
It costs an attorney an average of $50,000 to $100,000 over a span of three full years of research and extensive information gathering. When there is little chance to regain that same amount plus more, the malpractice suit is senseless and useless.
Once the basic requirements are met and it is determined that the suit would be beneficial to the attorney and the client, more in-depth information must be obtained. There must be proof of negligence on the doctor’s part. In other words, the doctor should have known there was a serious risk to the patient. Did the doctor perform subpar patient care that led to serious injury or death to the patient?
Lawyers in Florida are held to a high standard and must show just cause for bringing the case. A judge may penalize any attorney that does not follow this standard. That is why medical malpractice attorneys in Florida take special care to prove the case.
Additional Frequently Asked Questions
- Do Statute of Limitations Apply If Symptoms Were Present Immediately but Got Worse Recently?
- Are Any Medical Providers Protected From Medical Malpractice Cases In Florida?
- Can a Medical Malpractice Case Be Reopened After It Has Settled?
- What Damages Can I Recover in a Medical Malpractice Case?
- Why Do Attorneys Turn Down Medical Malpractice Cases?