When someone loses their life, it is too late to start regulating a company’s behavior. The recent tragic death of a pedestrian in a collision with an Uber self-driving car showed that “Self-driving car death a sad reminder of the importance of regulation.” Florida medical malpractice lawyers are governed by certain laws that require them to establish with high credibility the fact that their client has a case to begin with. They must submit this in writing. If later findings reveal that there was no real and justifiable basis for a medical malpractice suit, the concerned lawyer becomes personally liable. Florida medical malpractice laws are very strict about possible defamation of the state’s medical practitioners. Florida medical malpractice lawyers choose their clients with extreme care, since the burden of investigation as well as a considerable portion of the initial financial outlay for a case falls on them. In Florida, a full-fledged medical malpractice suit can stretch over periods of two to three years, and a NYC Personal Injury Lawyers stands to collect significantly only on successful completion. Deciding whether a medical malpractice case is feasible or not is one of the most vital functions of lawyers in Florida. They have to decide whether the investment of money, time and effort is balanced out by possible returns. This calls for a high degree of oversight and experience, as well as an instinctive feel of the state’s legal ‘weather’. Another hurdle that Florida-based medical malpractice lawyers are often forced to overcome are the complex liens that govern damage settlements involving insurance-based medical care financiers such as Medicare and various Health Maintenance Organizations, or HMOs. Such organizations expect to be compensated for medical services that they have underwritten if these services have generated damages in a medical malpractice suit. If a client fails to do this, he may be slapped with a criminal case. A medical malpractice lawyer in Florida therefore walks a very thin line, and the legal fine-tuning itself can call upon unprecedented legal resources. In an interestingly peculiar twist of law, a claimant who wins a medical malpractice case in Florida without the aid of a lawyer will still find the net value of settlement reduced by an amount comparable to a lawyer’s fees. In other words, the claimant saves nothing if he fails to engage a lawyer’s services. When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state. There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment. Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered. Medical malpractice attorneys must be aware of the specific medical malpractice “statute of limitations” governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice. Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.
Since the feature is called, “My View” I shared my views on this topic in the Phoenix Business Journal. A little more editorial than my normal business/technology posts in the PBJ.