The medical community of doctors, nurses, and hospitals are trained to care for the sick and heal the wounded. Unfortunately, not all patients are provided with careful, common sense medical treatment. When the actions of caretakers cross the line into medical malpractice, patients may decide that a lawsuit is the only way to recover damages.
When building a medical malpractice case, start with an experienced attorney that fully understands the medical malpractice lawsuit process. From the initial investigation to trial perpetration, building a medical malpractice case is a lengthy process that rarely follows a prescribed path to final settlement.
What Is the Medical Malpractice Lawsuit Process?
Building a medical malpractice case requires extensive knowledge of the lawsuit process. The attorneys at Lisa S. Levine law firm have years of experience moving a malpractice suit through the various stages. If you have been injured by a medical professional or caretaker and are considering a lawsuit, there are five steps that apply in most cases:
- Initial Investigation: The first stage focuses on the search for medical negligence and an injury to the patient resulting from that negligence. Evaluation of medical records and expert review will help the medical malpractice lawyers at Lisa S. Levine law firm decide how to proceed in the process.
- Filing Suit: If the initial investigation reveals strong evidence linking the patient injury to medical provider negligence, your attorneys will file a lawsuit on your behalf.
- Pre-Trial Discovery: Building a medical malpractice case requires evidence. During the third phase, experts in medical malpractice are given written discovery and transcripts of depositions to confirm and finalize their opinions concerning the case.
- Negotiations and Settlement: The majority of medical malpractice lawsuits are settled before going to trial. The client always has full say in how to proceed if negotiations stall. The attorneys at Lisa S. Levine may look to mediation or arbitration as other ways to reach an agreement.
- Trial: If negotiations fail, a trial is the final stage in a medical malpractice lawsuit. Trial preparation, opening statements, witness questioning and many more phases can lengthen a medical malpractice trial for months or years before an outcome is reached.
Keys to Building a Medical Malpractice Case
The connection between medical negligence and the patient’s injury is one the keys to building a medical malpractice case. Obtaining and reviewing hospital records and medical histories, along with procuring expert opinion are important. These experts have a medical background, can review your records and help the Fort Lauderdale malpractice attorneys at Lisa S. Levine law draw the important connection between the negligence of a medical provider and your injury.
Reviewing the physician’s performance and medical background is another key to building a medical malpractice case. Is the physician licensed to practice? Do they have the proper training and certifications? Does the caretaker have a history of harming patients? Answering these questions can strengthen your case and help recover damages from your injury.
Frequently Asked Questions About Fort Lauderdale Medical Malpractice Cases
In general, you have 2 years from the date the injury occurred or the date it was diagnosed in which to file a medical malpractice lawsuit in Florida.
Doctors have a duty to inform patients of the benefits, purpose and potential risks before getting consent for a medical procedure. If a doctor fails to get informed consent and the patient is injured, the patient may have grounds for a medical malpractice claim. However, there are some situations in which informed consent is not required.
Learn more about informed consent medical malpractice claims.
Outside of the medical professional who was directly responsible for the negligence that caused your injury, there may be other parties that can be held liable in a medical malpractice lawsuit. For example, if the negligence occurred in a hospital, the hospital may be held vicariously liable because they hired the medical professional and profited from the services that you received.
Learn more about vicarious liability in medical malpractice claims.
Get Help from an Experienced Medical Malpractice Lawyer
Ready to build your case for medical malpractice? So is Lisa S. Levine, P.A. As a dedicated Fort Lauderdale medical malpractice lawyer, Lisa has fought for the rights of personal injury victims throughout Broward County of more than 35 years. She has handled cases in the cities of Hollywood, Miramar, Sunrise, Plantation, Deerfield Beach, Pembroke Pines, Lauderhill, Pompano Beach, and Davie. She also represents clients in the Miami-Dade County and Palm Beach County, as well as throughout Florida.
Call 954-256-1820 today for more information and to set up a free consultation.