| To put it simply, Medical Malpractice is negligence | | | | and/or technique proposed by the witness can be |
| on the part of a healthcare provider that resulted | | | | tested, and if it has been tested what the rate of |
| in injury. Medical Malpractice cases may result | | | | error was for the results. A person cannot be |
| from misdiagnosis of a disease, failure to provide | | | | considered an Expert in a Medical Malpractice case |
| appropriate treatment for a known disease, or | | | | just because they have a college degree. All |
| unreasonable delay in treating a condition. The | | | | Expert witnesses must prove they have sufficient |
| parties involved in a Medical Malpractice case are | | | | knowledge or experience with the specific area in |
| the Plaintiff, the Medical Malpractice Attorney, the | | | | question before the court considers them reliable. |
| Defense, and Expert Witnesses. | | | | AWARDS AND FEES FROM MEDICAL |
| The Plaintiff is often the patient, although an | | | | MALPRACTICE AND STATUTE OF LIMITATIONS |
| administrator or executor of the estate may also | | | | Every state has established Medical Malpractice |
| act as Plaintiff if the patient died as a result of the | | | | statutes and it is important to become familiar |
| injury. Before a patient may file a Medical | | | | with these laws prior to filing a Medical Malpractice |
| Malpractice case they must be able to prove that | | | | case. With respect to Florida Medical Malpractice |
| the physician or care provider failed to provide | | | | cases, the damages awarded to the Plaintiff will |
| adequate care and this failure was the direct | | | | be reduced depending on how much of the injury |
| cause of the injury. The Plaintiff must also | | | | was the Plaintiff's fault. If a Plaintiff is determined |
| present proof of damages such as whether there | | | | twenty-five percent responsible for their injury, |
| are physical or emotional damages. | | | | than the damages awarded to them will only be |
| MEDICAL MALPRACTICE ATTORNEY MUST | | | | seventy-five percent the original amount. |
| AVOID FILING FRIVOLOUS LAWSUIT | | | | A Florida Medical Malpractice Attorney may only |
| It is the responsibility of the Malpractice Attorney | | | | collect thirty percent in fees on the first $250,000 |
| to review all of the facts presented by the | | | | awarded to the Plaintiff and only ten percent on |
| Plaintiff to avoid filing a frivolous lawsuit. If a judge | | | | amounts greater than this. In contrast, a |
| determines that there is no legal merit to claims | | | | Massachusetts Medical Malpractice Attorney fees |
| made by the Plaintiff then the court may impose | | | | are limited to forty percent of the first $150,000 |
| fines for both the Malpractice Attorney and the | | | | awarded and only twenty five percent of |
| Plaintiff for tying up the court. If the Defendant | | | | damages awarded over $500,000. There is usually |
| feels he/she is the victim of a frivolous lawsuit | | | | a statute of limitations that requires Medical |
| they may counter sue the Plaintiff to recuperate | | | | Malpractice claims to be filed within two years |
| their court costs and may also seek punitive | | | | from the date the injury occurred, or within two |
| damages. | | | | years from when the injury should have been |
| DEFENSE ATTORNEY PROCESS IN A MEDICAL | | | | detected. |
| MALPRACTICE | | | | MEDICAL MALPRACTICE BACKGROUND CHECKS |
| Usually the Defense consists of a physician, but in | | | | ON PHYSICIAN |
| some instances a nurse may also be named as a | | | | Prior to committing your care to a particular |
| defendant depending on his/her involvement with | | | | physician you can check the physician's |
| the patient. The Defense is also allowed to call | | | | background for prior Medical Malpractice cases. |
| expert witnesses to support their case and the | | | | This information can be obtained from the |
| Attorney is usually assigned by the hospital or | | | | Doctor's office, the local hospital where the |
| facility that employs the practitioner. Both | | | | physician is employed, or an HMO the physician |
| Attorneys for the Plaintiff and Defense are | | | | participates with. You can also check with the |
| required to share information prior to the court | | | | American Medical Association to verify physicians |
| date, and the parties may choose to settle out of | | | | training and certification status. |
| court through negotiations. | | | | Some agencies will charge a fee to view their |
| EXPERT WITNESSES IN A MEDICAL | | | | database. Depending on which state you reside in, |
| MALPRACTICE CASE | | | | there are statutes in place to protect your well |
| Expert witnesses must be carefully screened prior | | | | being. For example, in Florida a physician will be |
| to trial. Usually a judge will call a hearing prior to | | | | unable to receive their state license if they have |
| the trial to determine if the "expert's" testimony | | | | been implicated and found guilty in three Medical |
| is reliable and relevant to the case. Some | | | | Malpractice cases. |
| questions the judge will consider are if the theory | | | | |