Medical Malpractice FAQ
Explore common medical negligence questions with Attorney Casey D. Shomo
Confronting a medical malpractice issue in Florida can feel daunting and complex, making it entirely understandable to have numerous questions. At The Law Offices of Casey D. Shomo, P.A., located in Palm Beach Gardens, our goal is to clarify the process by addressing some of the most common inquiries, aiming to provide clarity and enhance your understanding of your legal position.
Mr. Shomo is an experienced medical malpractice lawyer who is aware that each case presents its own set of challenges and nuances. Therefore, if your questions remain unanswered after browsing through this section, we invite you to contact our office for answers and support tailored to your specific circumstances.
- What is medical malpractice?
- What are some examples of medical malpractice?
- How do I know I have a medical malpractice claim?
- How much does it cost to hire a medical malpractice lawyer?
- What is informed consent, and what does it mean to my medical malpractice case?
- What damages can I recover?
- Is it possible to sue a hospital for medical negligence in Florida?
- Who can be held responsible for my injuries at a hospital?
- What steps should I take before filing a lawsuit against a hospital?
- What happens after serving the notice of intent to sue?
- Do medical malpractice lawsuits go to court?
- How can a medical malpractice lawyer help me?
What is medical malpractice?
Medical malpractice occurs when a healthcare provider or facility, such as a doctor or hospital, fails to meet the expected standard of care while treating a patient. When actions fall short of this standard and harm the patient, it’s considered medical malpractice.
What are some examples of medical malpractice?
Medical malpractice can happen in many ways, depending on the specifics of each case. Some of the most common examples include:
- Failing to diagnose or misdiagnosing a medical condition, which delays necessary treatment and worsens the patient’s condition.
- Improper sterilization of tools and equipment, including failure to observe hygienic practices before surgery or examination.
- Medical professionals practicing in a field without the proper license or qualifications.
- Errors in prescription medications, such as incorrect medications or dosages.
How do I know I have a viable medical malpractice claim?
Determining the viability of your case requires a thorough assessment by a qualified medical professional and legal analysis by experienced attorneys. Our team at The Law Offices of Casey D. Shomo can help you navigate this process and advise you on the best course of action.
Being displeased or having a bad result does not automatically mean you have a case of medical malpractice on your hands. That said, if you have suspicions, don’t ignore them. Speak with our legal team to evaluate your potential case. Mr. Shomo knows what must be proven to have a medical malpractice case. He’ll go through the following to determine if you have a medical malpractice claim:
- Assess if you’ve suffered harm due to medical treatment, such as worsening conditions or unexpected complications.
- Consider if the healthcare provider deviated from or ignored the accepted standard of care.
- Establish if there is a direct link between the provider’s actions and your injuries.
How much does it cost to hire a medical malpractice lawyer?
When you’re undergoing or need medical treatment, you most likely are already dealing with a financial strain, but don’t let that steer you away from seeking help from an experienced medical malpractice lawyer.
At The Law Offices of Casey D. Shomo, P.A., we understand the financial concerns associated with hiring a medical malpractice lawyer. That’s why we operate on a contingency fee basis, meaning there are no upfront fees to retain our services. We only get paid if we win your case and secure compensation for you. Everyone deserves help when dealing with something as serious as a medical malpractice case, and we’re here to deliver.
What is informed consent, and what does it mean to my medical malpractice case?
Healthcare providers are required to inform you of any risks and possible side effects involved in a certain treatment course. If your doctor doesn’t discuss this with you and you are hurt as a result of the treatment, your case might qualify as medical malpractice.
What damages can I recover?
If you or a loved one have been harmed or suffered due to the negligent actions of a medical professional, it’s essential to understand the potential damages you may be entitled to recover. These damages can include:
- Medical expenses
- Present and future lost wages
- Pain and suffering
- Emotional distress
- Mental anguish
If the medical malpractice led to a wrongful death, on behalf of your loved one you can recover the damages listed above as well as funerial expenses, burial costs, and loss of companionship.
Is it possible to sue a hospital for medical negligence in Florida?
Yes, if you’ve suffered significant injuries or damages due to medical negligence or omissions by any hospital staff during your visit, you may be eligible to pursue a settlement for your suffering.
Who can be held responsible for my injuries at a hospital?
It’s crucial to identify if the person who caused your injury is directly employed by the hospital. While most hospital staff, like nurses and administrative personnel, are hospital employees, physicians often operate as independent contractors. If the negligent party is an independent contractor, you would need to sue them individually rather than the hospital.
What steps should I take before filing a lawsuit against a hospital?
Before initiating a lawsuit, you must serve the hospital with a notice of intent to sue and secure a medical professional to validate your claim. This involves obtaining a written affidavit from the medical professional, which should be included with your notice.
What happens after serving the notice of intent to sue?
Following the notice and affidavit submission, an investigative process commences, lasting up to ninety days. During this period, the hospital may choose to settle your claim. If a settlement is not reached, you have up to sixty days post-investigation or the remainder of the statute of limitations (two years from the incident) to file a malpractice lawsuit.
Do medical malpractice lawsuits go to court?
Medical malpractice lawsuits don’t always go to court, but they can. It is crucial to hire a lawyer from the start who has trial experience just in case your case does proceed to trial. While many medical malpractice cases are resolved through negotiations and settlements outside of court, some cases may require a trial to achieve a fair outcome. Having an attorney with trial experience ensures that your rights are protected, and you’re prepared for every scenario, whether your case is resolved through negotiation or proceeds to trial.
How can a medical malpractice lawyer help me?
Medical malpractice cases can be overwhelming. Not only are you suffering from an injury or grieving a loss, but you also have to go head-to-head with healthcare providers who already have their own top-notch lawyers. That is why it is crucial to have professional legal representation of your own.
With expertise in medical malpractice law and a deep understanding of the legal system in Florida, Mr. Shomo can help gather and analyze medical records, consult with expert witnesses, and build a strong case to prove negligence and causation. Mr. Shomo knows what to do to ensure you secure the maximum compensation for your injuries and losses.
With a proven track record with over $85 million recovered for clients, trust The Law Offices of Casey D. Shomo, P.A. with your case. Contact us for a free consultation.