Legal Lounge

Look Up Florida Doctors

2009-05-16T21:34:00.000-04:00

LOOK UP FLORIDA DOCTORS

To find a Florida doctor, search by using the following 3 Florida government websites to gather pertinent information about doctors:

1) Look up a Florida medical license:

Start with this site to get the basic physician identifying information to be able to use the other sites properly. To search for a doctor here, you don't need to know the precise city or county for his office, or even the exact spelling of his first or middle name. Once you find the doctor here, the site gives an exact name, address, and license number to help with other searches. When looking at the doctor's license information you will also see a direct link to look up the doctor on the next site on this list (Physician Profiles Site).

2) Look up a Florida doctor's online profile (Physician Profile)

This site offers several types of information about the physician, including license verification, board certifications, education and training, other states where licensed, community involvement, awards, committees, criminal convictions, and some discipline and malpractice information. Unfortunately, the information is supplied by the physicians themselves and the site warns you that none of the information is verified by the State of Florida, except supposedly the criminal background check. The absence of negative information about the physician on this site is not all that reassuring, but the presence of negative information may be useful. When you are looking at a physician's malpractice claims information on this site you will also see a link to the next site on our list (Paid Malpractice Claims).

3) Look up a Florida doctor's history of previously paid malpractice claims:

This site, which is maintained on the Internet by the Florida Department of Financial Services (f/k/a Dept. of Insurance), offers information on the claims paid by malpractice insurance companies for doctors, hospitals, and even lawyers in Florida. Very few states offer this type of information to the public. You should do your search in the category of "all" counties because doctors do move around within the state, and watch out for variations of both physician and hospital names. Hospitals seem to change their names frequently, and we have seen physician data sometimes listed using the physician's middle name, and sometimes not. We usually run a search just using the last name. While this paid malpractice claim database often has very useful information, unfortunately there is much information we know it does NOT have, including:

* Pending malpractice cases
* Disciplinary actions brought by the State of Florida
* Claims from when the physician practiced in any other state
* Claims paid by the physician himself rather than malpractice insurance
* Cases the physician may have won on a technicality like the statute of limitations
* Disciplinary actions by hospitals against the physician
* Claims against certain doctors when they were practicing at "teaching hospitals"

Open and ongoing lawsuits, or lawsuits resulting in judgments which have not been paid, can usually only be reliably looked up by going to the individual State Circuit Court locations in each county where the physician may have been sued. This of course is very time consuming. Small counties may give you some of this information over the phone, but most are too busy, and will invite you to come in and attempt to look it up yourself. Keep in mind that very few malpractice cases are in federal court (usually only VA related cases), however they do exist.

PassportMD lets you Manage your Medical Records

2009-04-15T21:17:00.000-04:00

PassportMD, Inc., a privately held company headquartered in Delray Beach, Florida, is a leading provider in the consumer-directed healthcare and personal health records (PHR) industry. Our company was founded by a physician who saw the need of creating an easier approach for time-strapped individuals who need to manage the healthcare of themselves and their family members in a safe and secure environment.

PassportMD offers two types of service plan options for our customers:

Option 1 is our "Do It Yourself" service:

• PassportMD Independence ($49.95/yr or $4.95/mo): This plan is for those that are willing to take the time to input and collect their information on their own.

Option 2 is our ConcierCare™ service:

• PassportMD ConcierCare™ ($199.95/yr): This plan enables the customer to work with a personal health assistant in setting up an account, as well as collecting and managing all of the customer’s medical records.

Can a Hospital Be Sued For Medical Malpractice?

2009-03-14T10:21:00.000-04:00

It was once thought that under the Charitable Immunity Doctrine hospitals were immune from liability. Modernly, charitable immunity encourages sloppiness. If there is no specter to tort liability for one's negligence then where is the incentive to exercise the best reasonable care possible if the failure to do so has no consequence? Some jurisdictions have reformed this doctrine to include partial caps on charities mostly out of public policy considerations.

Today, more and more courts are finding hospitals liable for their negligence through what is called the Apparent Authority or Agency by Estoppel doctrine. Here's a typical example of how this doctrine works:

When one goes to a hospital and is treated by a physician at that hospital, if that physician commits medical malpractice, there is a very good argument that the hospital should be vicariously liable because they have given an apparent authority to that doctor. In other words, the hospital has given the doctor its stamp of approval and the hospital should be stopped from denying that it approved this doctor to practice medicine and see patients in its hospital.

Another term for this is Agency by Estoppel. An agency relationship is created between the hospital and its doctors; thus, they cannot deny that the relationship exists. If you are in that hospital and that doctor commits malpractice on you, then you may have a very nice claim for vicarious liability against the hospital because the hospital may be vicariously liable for the medical malpractice of independent physicians practicing medicine on their premises.

http://www.gotaccident.com

Article Source: http://EzineArticles.com/?expert=Rick_Rathke

The Many Presuit Requirements that Must Occur Prior to Filing A Medical Malpractice Case

2009-02-09T18:10:00.000-05:00

Filing a Florida Medical Malpractice case is much different than most all other types of cases involving negligence. (This is true for most states as well.) In 1985 the Florida legislature created a plan which included that prior to filing the Complaint to initiate the case, many presuit requirements must be met. The process is detailed, lengthy and can be expensive. Your attorney will be required to do the following:

1. First, the lawyer must conduct an investigation to verify that there are reasonable grounds to believe that a medical professional was negligent and that the negligence resulted in injury to the claimant;

2. You or your attorney must gather the medical records from the various health care providers and review them documents for proof of the negligence;

3. Next and possibly the most expensive of the process, the records must be sent to a medical expert who is a of the same medical specialty to review. If they also conclude that there is a case, the next step can take place;

4. Once the expert finds that they also conclude negligence occurred they must execute a “verified written medical expert opinion,” which is essentially an affidavit in which a doctor swears he has reviewed the records and believes there are reasonable grounds to find that negligence did indeed occur;

5. This affidavit is attached to a “Notice of Intent to Initiate Litigation for Medical Negligence,” which is a document that contains the names of the prospective plaintiffs and defendants, and a summary of the claim and injury. This notice must be sent to each prospective defendant, and in some cases to state agencies. It is best to send this certified mail return receipt requested, or some other way that a signature acknowledging receipt is obtained. This will start the “90 day presuit investigative period”.

6. The 90-day “presuit investigative period” during which the parties exchange written questions, requests for documents and items, and take unsworn statements of the plaintiff and prospective defendant(s).

7. At the end of the 90 days the potential defendant generally rejects the claim (the prospective defendant(s) can also admit liability, offer to settle the case or offer to arbitrate or mediate the matter prior to the plaintiff filing the lawsuit, but that rarely happens).

After all of the above requirements have been complied with only then can a person injured by a Florida doctor or hospital file a lawsuit. As you can see it is a very complicated, time-consuming, and expensive process. This is one of the most important reasons why you should hire a lawyer that specializes in medical malpractice litigation.

Birth-Related Neurological Injury in Florida – What If Your Child Is Injured?

2009-01-10T23:14:00.000-05:00

What is the Florida Birth-Related Neurological Injury Compensation Association?

NICA is an acronym that stands for Neurological Injury Compensation Act. “The Florida Birth-Related Neurological Injury Compensation Association (NICA) was created by the Florida Legislature in 1988. NICA is a statutory organization that manages the Florida Birth Related Neurological Injury Compensation Plan ("Plan") used to pay for the care of infants born with certain neurological injuries. This Plan is available to eligible families statewide without litigation. By eliminating costly legal proceedings, and through professional management of its disbursements, NICA ensures that birth-injured infants receive the care they need while reducing the financial burden on medical providers and families.” http://www.nica.com/what-is-nica.html

The Plan provides a wide range of benefits to a child who has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or in the immediate post-delivery period. See: Section 766.302(2), Florida Statutes.

NICA says it’s “Mission is Three-Fold” by claiming to: to encourage physicians to practice obstetrics and make obstetrical services available to patients; to stabilize and help make malpractice insurance available to all physicians; and to provide needed care to injured children.

What NICA really is, is just another attempt to chip away at an injured individual’s right (patient) to hold the person (doctor) that hurt them responsible for his or her actions. It is a no-fault system that provides that if certain situations regarding notice and type of injury are met, an injured child may be deprived of his or her right to sue, and instead be given a nominal amount of money by the state. The amount of money never matches the actual amount required to raise and properly care for a child/adult with neurological injuries. The lawyers for the insurance companies and medical profession know this, and they try to thrust NICA on these parents that bring claims on behalf of their children’s lives who have been severely changed due to the mistake of someone else.

In most all cases the system is unfair and the results are clearly inadequate. There are experienced medical malpractice lawyers who can fight the application of NICA. It is important to find a lawyer that knows the system and can protect your rights. There are many specific requirements that must be met for NICA to apply. If any one of them is missing, your NICA claim may be dismissed.

If you have questions about this or any other subject addressed here, post it as a comment to the blog and check back often for responses and updates!

Malpractice Lawyer saves you from becoming the target

2008-11-30T23:14:00.000-05:00

Medical Malpractice is an epidemic that is sweeping our nation and extending into all corners of the world. Yes, we are trying to curtail these practices with rules and regulations but do they actually work. Insurance premiums are increasing and occurrences of medical malpractice are climbing at a steady pace. With the economy the way it is, increasing prices of oil, and increases in medical malpractice, what are we to do? Frankly there is nothing we can do (as citizens) that would make such an impact to turn everything around. However, there are certain things we can to do prevent occurrences such as medical malpractice to happen to us. No, we cannot be 100% sure that medical malpractice won’t happen to us, but we can take all the proper steps necessary on our end to stop them from happening.

The first thing to do when in any hospital, doctor’s office, or medical institution is to research. Make sure that the hospital you are going to hasn’t been involved in any major litigation. Same thing goes for a doctor, I know that this may seem like common sense, however if you knew the amount of people who choose their practitioner from a listing in the phone book, you would be amazed. Reputation is everything in the medical industry, so it is important to play off that aspect. If you want to find a new doctor, ask your family members, friends, and co-workers for a referral. This is a sure way to find someone that you can trust, and once you meet with him or her you can make a decision on your own.

Another thing to do is to keep all of your medical records. Everything from doctor’s visits and hospital bills to prescription medicine receipts. It is important to keep all of your documentation because it is an account of what happened. If for example a doctor committed medical malpractice against you, it would help your malpractice lawyer tremendously if he or she had access to all of your records. By keeping all of your records, it will give the necessary information to your malpractice lawyer so they will be able to show exactly what happened. This can happen because the medical records that you kept showcase every treatment, surgery, and medicine that was administered to you by your medical practitioner or institution.

If you do in fact find yourself victim to medical malpractice the most important thing you can do is to hire a malpractice lawyer as soon as possible. In some cases there may be time limitations that can restrict you from filing suit. A malpractice lawyer has the ability to stand up for you in the court of law. Hiring a malpractice lawyer specializing in personal injury can also be something to highly consider. For they have the experience in dealing with large medical institutions, the government, and pharmaceutical giants. A malpractice lawyer can also help you attain compensation for your medical bills and pain and suffering.

Article Source: http://5star-articles.com

By: Paul Justice

Medical Mistakes - Whatever Happened to "Do No Harm"?

2008-11-20T22:58:00.000-05:00

Every doctor makes the promise to "do no harm." But doctors, nurses, physicians' assistants, nursing homes, and hospitals do make mistakes. And a shocking report from the Institute of Medicine shows medical mistakes are a common occurrence and pose potentially life-threatening risks for patients. If medical mistakes were counted among the leading causes of death in America, they would be eighth on the list.

Surgical mistakes such as amputating the wrong foot frequently make headlines. But we may never hear about the more subtle errors, like a delay in diagnosis or misdiagnosis which costs precious time which could have been used to fight an illness or disease. These kinds of medical mistakes also cost lives.

According to the report, medical mistakes are a huge problem. It quoted studies that estimate anywhere from 44,000 to 98,000 hospitalized Americans die every year from treatment errors or surgical mistakes. To put that statistic into sharper focus, even the low-end figure of 44,000 deaths exceeds the number of people who die each year in highway car accidents, of breast cancer or AIDS.

The cause, according to the Institute of Medicine, is not recklessness on the part of doctors or nurses but rather basic flaws in the way hospitals, clinics and pharmacies operate.

Most doctors have notoriously poor handwriting which often leads to prescription mistakes. Pharmacists try to decipher a dosage: was it 10 milligrams or 10 micrograms? Or even the name of the prescribed drug can be confusing. Too many drug names are very similar. For example: the painkiller Celebrex and the anti-seizure drug Cerebyx; or Narcan, which treats morphine overdoses, and Norcuron, which can paralyze breathing muscles.

Safeguards have already been implemented to reduce the likelihood of such mistakes. Many hospitals are now using computerized prescription systems in an attempt to ensure that pharmacists don't misread doctors' scrawled prescriptions. And the Food and Drug Administration is attempting to reduce drug confusion by ensuring that the names of new drugs don't sound too similar to drugs already on the market.

But far more is needed. There needs to be a concerted and comprehensive effort to raise the bar on consumer safety in the health care industry. Insurance companies and health maintenance organizations should also bear the burden of improving safety.

Unfortunately the patient may be the one who can do the most to prevent many medical mistakes. As a patient, you have the time and motivation to double-check your diagnosis and medications. Research your condition. Education can allow you to double-check your diagnosis, examine all possible treatments, check your medications for possible adverse effects, and so on.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.injurytriallawyer.com/library.

Article Source: http://EzineArticles.com/?expert=Christopher_M_Davis

Do You Really Know About the Doctor You Are Trusting With Your Life?

2008-10-17T21:25:00.000-04:00

What do you know about the physicians you trust with you and your family’s well-being? Do you know where they got their medical degree? How long have they been practicing medicine? Do you know if they are board certified in the specialty they practice? Do you know if they have ever been sued for medical negligence before? Are their outstanding judgments the doctor has not paid?

These are all questions you should ask yourself when choosing a doctor.

The question is how does the average person find this information out? Of course, word of mouth, or asking friends and family is always a good way to start. However, physicians go to great lengths to hide this information, while at the same time failing to keep up with continuing medical education and knowing the current standard of care.

For a very reasonable price, Healthgrades.com gives you information like:

Disciplinary Action
Board Certification
Malpractice Records
Education/Training
Patient Opinions
Decision Support Tools
Full Medical Encyclopedia
And Much More!

Another way to find out about previous lawsuits against a physician you are going to see is to search the public records in the county in which the doctor practices. This can be tricky though, as doctors who have had previous malpractice complaints tend to move around to hide this information from their patients. This is why it may also be important to spend a little more time (and possibly money) to deeper investigating the physician.

Below are some suggestions of websites that provide extensive background information to further investigate:

Don’t Just Investigate - Webstigate

CourtRegistry.org – Comprehensive Instant Court Records Searches

There are many other online resources to help you get the vital information you need and should have before putting your life in the hands of a physician. If there is additional information you want and cannot find, don’t hesitate to leave your request as a comment to this blog and I’ll do whatever I can to help you find what it is you are looking for.

Portable Electronic Medical Records - What is it and how it can help save your life!

2008-10-12T18:41:00.000-04:00

Today's topic is a little off the normal subject, but something I think you'll find interesting and one I feel is important everyone knows about!

In 2005, President George Bush set a goal of universal electronic medical records within 10 years (by 2015), outlining a detailed plan designed to increase the use of information technology (IT) in healthcare, and to create national standards that would enable medical information to be digitized, stored, and shared electronically.

"Within 10 years, every American must have a personal electronic medical record," Bush said. "That's a good goal for the country to achieve".

See the Video Presentation and find out how important it is to know about this revolutionary new system to store and protect your medical records:

This Website Can Save Your Life!

"The 21st century healthcare system is using a 19th century paperwork system," Bush said. "Modern technology has not caught up with a major aspect of healthcare, and we've got to change that."

NOW YOU CAN OWN THE VERY SAME PHR PROGRAM AS FEATURED ON NBC AND FOX TV AND STORE IT ON YOUR DESKTOP OR LAPTOP COMPUTER OR ON A FLASH DRIVE, MP3/4 PLAYER, OR EVEN YOUR I-PHONE OR PDA!

Protect yourself and your loved ones with this simple but powerful program that could save your life. This revolutionary medi-program securely stores all your medical records and emergency info in one place. Medical providers can easily gain access to this critical information if you load the medi-program onto a flash/jump drive or on a CD.

By simply plugging the flash drive into the USB port on any computer you medical history will appear on the computer screen for the physician/emergency medical personnel to view. This easy-to-use medical storage device requires no installation, or drivers, and is MAC, Windows, and Linux compatible. Make a small investment in your health & security* with the affordable and indispensable SGMS Corp medi-program©!

I urge you to spend a few minutes looking through our offer because when seconds count SGMS CORP can help save your life!

Click Here for More Information!

CourtRecords.org - The Most Trusted Online Records Information Provider

2008-10-09T11:52:00.001-04:00

The authentic CourtRecords.org, a recognized and trusted online records information provider, lets you utilize a network of multiple data sources to find the exact records you are looking for. Get the data from thousands of sources, public and private, quickly and conveniently right to your screen.

CourtRecords.org - Click Here!

* Full Criminal Check: Felonies, Misdemeanors & Sex Offenses
* 20 Year Address History with Phone Numbers and Details
* National Arrest & Court Warrants
* National Federal & State Tax Liens
* National Federal & Civil Judgments
* National Federal & State Bankruptcies
* Distinguishing Bodily Marks
* List of Relatives with Addresses
* Roommates and Associates
* Age/Date of Birth
* Alias/Maiden Name
* Possible Neighbors
* Property Ownership
* Marriages/Divorces
* Death Index Check
* DUI Records

CourtRecords.org - Click Here!

Instant Court Records Search
Instant Criminal Records Lookup
Instant Warrant Search
Instant Arrest Records Search
Instant Background Checks
Instant Civil Court Records
Instant Bankruptcy Reports
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Instant Reverse Phone Lookup
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CourtRecords.org - Click Here!

How to Avoid Surgical Errors

2008-10-02T23:05:00.001-04:00

Face lift leads to woman's death, woman's ulcer misdiagnosed as cancer, surgeon operated on wrong organ, boy gets wrong leg amputated...the list never ends. Recent headlines like the above have become very troubling for people undergoing surgery. However, statistics are hard to come by, because most states don't require doctors to report surgical errors. There are things you can do to lower your chances of something like that from happening to you.

You may have to be a pain in the rear to your doctor or nurse, but you have to look out for yourself. Ask your doctor how many times they have performed the procedure you are looking into getting done and compare it with other physicians. Check out hospitals online - some sites rank hospitals by specialty. Tell everyone your name, date of birth and what surgery you are having done so they don't mistake you for Suzy down the hall.

The American Academy of Orthopedic surgeons encourages its doctors to sign initials directly on the surgical site. Make sure no one besides your assigned surgeon is signing it. Confirm the site with the surgeon right before surgery and don't go under the knife until it's clearly verified. Have a friend help you by keeping them afloat on what's going on since you will probably be nervous before the procedure and out of it afterwards. They can ask questions and try to make sure everything goes smoothly.

Plastic surgery is another story. By performing a procedure, the surgeon is stating that they have the education, training, and necessary skills to practice safely. They also have the responsibility to disclose all possible risks post surgery. Any careful surgeon will not perform surgery on a patient who has unreasonable expectations or shows signs of serious mental instability. Patients also need to know what they should do in preparation of and prior to the surgery - sometimes it means stop smoking or taking certain meds. To avoid risks, it is important to use a board certified plastic surgeon and be sure you feel comfortable and confident with the surgeon you choose.

Lyla Feldman writes about health and fitness. Some of her favorite passions include writing about energy drinks and natural sleep aids.

Article Source: http://EzineArticles.com/?expert=Lyla_Feldman

Where is the Burden of Proof in Medical Malpractice Cases?

2008-09-27T21:09:00.002-04:00

Medical malpractice defined broadly is meant as a claim brought against a health care professional, such as a doctor or a hospital, wherein the health care professional violates the normal standard of care and, as a result, injury results. This is also sometimes referred to as medical negligence because it applies to hospitals, doctors and other healthcare professionals. Medical malpractice laws vary from state to state but there are some very basic fundamentals that are the same across the board.

Medical malpractice arises when a medical patient has been injured through the improper inaction or action of a healthcare professional or a medical facility. Legal liability for injuries that have arisen due to medical malpractice may be established under various legal theories.

Most medical malpractice cases go forward on the basis that a medical professional, such as a doctor or nurse, used negligence while treating his or her patient. To establish medical negligence, the burden of proof lies on the injured patient. The plaintiff, or the injured person, or their family if the negligence resulted in death, must prove the following:

* The existence of a duty owed by the doctor, nurse or hospital to the plaintiff. This could be in relation to a doctor/patient relationship. Especially if the plaintiff was in the hospital at the time, this is usually not at all difficult to prove, since hospital patients should be watched 24x7.

* The health care professional's deviation from the applicable standard of care. This is deemed as a breach of duty owed to the patient. Such a deviation could be a mis-diagnosis, an improper reading of charts of test results, improper medications given to the patient, or a host of other similar things.

* A relationship between the health care professional's deviation from the standard of care in relation to the patient's injury. In other words, how did this error compromise or cause injury, either temporary or permanent, to the patient.

It is very hard to win a case of medical negligence since all health care professionals seem to stick to each other like glue. The damage to the patient could be permanent or could even result in death. In order to find a medical professional negligent, it must be shown that the doctor's conduct fell below the generally accepted standard of medical care.

Let's look at one particular case study. The patient has been seeing a doctor for more than 6 months, when he operated to fix the patient's Achilles tendon. Since then the patient has had four surgeries and is still in a lot of pain. Once the patient contracted one type of staph infection and the last time he got MRSA. The doctor took out part of his heel bone which he was totally unaware of, and he still does not know whether the infection has gotten into the bone. He goes to see a new doctor at the end of the month. Does he think that he could get this new doctor to testify against the former doctor?

The answer is probably not! There is a code of ethics among doctors that makes them all stick together like flies stick to honey. Even though it would appear that the first doctor made a serious mis-diagnosis plus did unnecessary surgery, a case like this probably needs to go to court where the doctors involved are required by law to give their honest opinion, which a qualified malpractice lawyer can get them to do.

Also, a medical professional may be held accountable for the negligent prescription of a medication or of a medical device. Prescription medications are nothing to mess around with or administer or prescribe in any type of haphazard way. A doctor needs to understand how the patient may react to a prescription medication before they prescribe it, because if done incorrectly, it could cause more damage than the patient started with, which also falls into the medical malpractice category.

For more insights and additional information about Medical Malpractice as well as finding additional resources to help you determine if you have a valid case of not, please visit our web site at http://www.malpracticeinfonow.com

Article Source: http://EzineArticles.com/?expert=Jon_Arnold

Who Governs Florida’s 3 Strikes and You’re Out Malpractice Law?

2008-09-20T22:47:00.000-04:00

In 2004, Florida voters approved the 3 strikes and you’re out malpractice law. This amendment to the Florida Constitution states it would automatically revoke the medical license of any doctor hit with three malpractice judgments. Almost 4 years later and not much more has been heard of this law.

The three strikes law was just one in a tense battle between doctors and trial lawyers playing out across the country and all the way to Congress. At the same time voters approved a law limiting non-economic damages (pain and suffering, loss of consortium, etc.) to $250,000. Several other states are taking steps to limit malpractice awards, but the battle is especially intense in Florida.

The question is, do we know the answer to whether the three strikes law ever even took effect? Shortly after being voted into law, a judge ruled that the Legislature first needs to spell out just how it will work. Who governs this law and what section of government is responsible for tracking the cases so insure a doctor with three strikes really loses their medical license?

The fact is it’s the same few doctors that commit acts of malpractice over and over again without any recourse whatsoever. The broad definition of what constitutes a "strike" against a provider makes it a difficult law to enforce. For instance, doctors have found a way around getting “a strike” because the amendment does not count out-of-court settlements as a strike, no matter how large the settlement or what degree of negligence. On the other hand, it would count any kind of small judgment found in court as well as any discipline by the Florida Board of Medicine and binding arbitration. Because of this there is an upward trend of doctors agreeing to settle prior to a judgment in court. While this might be the best scenario for the injured party, the doctor avoids a “strike” against him, and is able to continue practicing medicine.

The three strikes amendment is just one of many other efforts to "fix" the medical malpractice situation. The problem is it does nothing to protect patients from the very small number of bad doctors that keep getting away with committing malpractice.

The key is to “do your homework”. Investigate your doctor. Ask questions. The internet is a great way to find just about anything about anyone. You use it find old friends, you really should use it find out who your doctor really is!

I’m always here to help and give you tips to find out what you need to know. Just post your question here and keep an eye out for an answer.

If Medical Malpractice Happens to Someone You Know

2008-08-01T20:00:00.005-04:00

If you or someone you know is injured by medical malpractice what should you do to protect your legal rights? What should you do first? How will you know where to find a good attorney, an attorney that will look out for your best interest, not theirs? What can you expect to happen after your attorney files your medical negligence case? Who will pay for the costs incurred in filing a case?

These are just a few of the questions you will have if this happens to you.

Time is of the essence. This is true for two reasons. One, because every state in the United States has what is called a Statute of Limitations, and two, to obtain your medical records in a timely fashion. The Statute of Limitations is how long you have to file your case and usually begins from the first date that you became aware the malpractice occurred. Your medical records must be obtained quickly in order to comply with any requirements that must be met prior to actually filing your case.

For instance, in Florida your attorney must file what is called a 90-day “Notice of Intent to Initiate Litigation”. Along with the Notice of Intent must also be an affidavit signed by a doctor who is board certified in the same type of medical specialty as that of the potential defendant doctor stating that the doctor(s) or medical provider’s care fell below the standard of care set forth by the American Medical Association. A copy of the records that doctor used to make the determination that the standard of care was not met must be provided. This allows the potential defendant doctor time to prepare for the case to be filed. Each state has its own laws and statutes so be sure to find out what the requirements are so see if your potential medical malpractice case complies. Otherwise you will never have the right to file a case against the doctor(s) or medical provider(s) once the Statute of Limitations has run.

Next you must find an attorney. This can be like looking for a needle in a haystack. How do you locate a good attorney? Well, first of all, you should not hire an attorney who regularly runs print or TV ads. These attorneys have a high case load, they employ many “associate” attorneys and you can be sure the attorney who made you all those promises on a commercial will not be handling your case. Hiring an attorney should be something you do by word of mouth. Ask your friends, family, co-workers, maybe even someone of a totally different profession or lifestyle, it’s really about who you know.

Be sure to find an attorney who specializes in medical malpractice. It should be their primary area of law. These attorneys have an established list of experts, resources and knowledge at their fingertips that attorneys of other specialties will not have. Additionally, the attorney should not charge you for a consultation and their fees should be based on how much is recovered on your behalf (this is called a “contingency fee”). The law firm will advance the costs to file and manage your case, which you will be responsible for repaying from any amount recovered.

I could go on and on answering different questions you may have, it's what I do all day every day. If you have a specific question, leave it as a comment to this blog and I will respond as quickly as possible.

That's it for today...Check back soon for my next "informative" point of view!