Malpractice Attorney West Palm Beach – Generally, most medical malpractice cases are not resolved in favor of the plaintiff (victim) based on a jury verdict. Not as much of a problem as you might think, however, as most claims are settled at the settlement table, not at trial.
Most health care providers prefer to avoid the test, even if they believe they will succeed there. However, negotiating a medical malpractice settlement can be difficult.
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You should confirm all these factors with “high probability” (51+%). Your job at the settlement table is to convince the other person that you can win if your claim goes to trial.
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What is “professional negligence”? To say this is a breach of the professional duty of care is a circular explanation. To clarify, “below average” treatment is not professional negligence. If this were the case, approximately 50% of all treatments would be neglected.
Rather, professional negligence occurs when a physician’s treatment falls below the standard of care that a reasonably prudent physician would exercise. Usually, an expert medical witness makes this decision.
The use of expert witnesses is common in medical malpractice cases. There are two ways to use an expert witness as a witness or as an advisory witness. A witness is sworn in at trial.
An advisory witness, on the other hand, provides informal advice (and may prepare a written report) for two main purposes: (i) to help the attorney understand the issues at stake and (ii) to serve as a persuasive authority. The party that hired him. You will gain advantage in settlement negotiations.
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An expert medical witness is almost always a current or former physician, especially one who specializes in the medical subfield in question. Some expert medical witnesses are practicing physicians who take time out of their schedules.
However, the most sought-after witnesses are former doctors who now work full-time as professional witnesses. These witnesses are familiar with cross-examination and know how to remain calm. Expert witnesses are expensive, but they’re often worth it — especially if they help avoid a lawsuit.
Causation is another legal entity where you may not win a medical malpractice claim. You may also need an expert medical witness to confirm the cause. For example, you need to prove that the doctor’s failure to order a C-section during labor caused significant harm to the mother or the baby.
One way to dispute causation in a medical malpractice claim is to discover the patient’s preexisting medical condition. If the defendant knew of the pre-existing condition, they could claim that the patient’s injury was the result of the pre-existing condition, not the treatment.
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Insuring yourself against financial and financial losses due to medical malpractice is very important. These may include:
You need to document your loss as much as possible. If your loss is long-term, you may need to bring in a financial professional to estimate your future medical expenses and future lost income.
In Florida, you generally only have two years to file a medical malpractice lawsuit. If you don’t file within two years from the date of the malpractice (or within two years from the date of the patient’s wrongful death case), your claim will be lost. There are some exceptions. If the medical malpractice is not obvious, for example, you must know within two years of its discovery or the filing of the lawsuit.
Don’t let the insurance company or the defendant miss the statute of limitations by delaying the processing of your claim or intentionally stalling negotiations. If you lose, they have no incentive to negotiate with you because they can’t force you to pay by winning a trial.
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From 2000 to 2017, Florida placed a cap on the amount of non-pecuniary damages you can receive in a medical malpractice lawsuit. In 2017, the Florida Supreme Court declared these decisions unconstitutional. Although these regulations remain on the books, they are currently unenforceable.
Some personal injury disputes in West Palm Beach can be resolved without the help of an experienced medical malpractice attorney. But when it comes to a medical malpractice case, don’t try. Such claims are scientifically and legally complex, and defendants will fight hard to win.
If you have been injured in an accident, contact the experienced personal injury attorneys at Holland Law Firm Accident Injury Attorneys in Florida to schedule a free consultation today. We have three convenient locations in Boca Raton, Fort Lauderdale and West Palm Beach. Attorney Daniel D. Joined the West Palm Beach personal injury law firm of Walker, Clark, Fountain, LaVista, Latke-Robin & Whitman.
He joined an award-winning legal personal injury and product liability firm. Walker is an attorney experienced in handling complex personal injury, product liability, auto accident, commercial truck accident, boating accident, premises liability, and negligent safety cases.
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“As a trial-oriented firm, Daniel has the skill, passion and integrity necessary to fight for our clients and achieve the best results for their cases.
“Between its long history and impressive record of successfully solving complex problems, Clark Fountain is a powerhouse in our community.”
A graduate of Florida International University College of Law, Walker served her classmates as a representative of the Student Bar Association. He is a member of the Florida Justice Association and the Palm Beach County Justice Association.
Prior to joining Clark Fountain, Daniel gained valuable experience defending insurance companies in personal injury cases, allowing him to use his first-hand knowledge of how some of the nation’s largest insurance companies operate.
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At Clark Fountain, Mr. Walker handles personal injury and wrongful death cases, including auto accidents, motor vehicle accidents, defective products, construction accidents, premises liability and negligent safety. It is even more difficult for someone who needs care. If you or a loved one has experienced West Palm Beach medical malpractice, finding relief can seem impossible.
But don’t despair; You are not alone in this. Getting justice starts with knowing your rights, and we have a West Palm Beach medical malpractice attorney to guide you through this difficult journey.
Our firm is more than just legal advice. We are here to lend a caring hand to guide you through the chaos of your case. With our free consultation, we aim to bring clarity and forward thinking to this difficult time.
Fetterman Law has been in the game for more than five decades, making waves in personal injury law, especially when it comes to handling medical malpractice cases.
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In business law and personal injury, we provide our clients with what they need. We prioritize open communication and strive to build lasting partnerships as strong legal advocates.
Our offices, located in the heart of West Palm Beach, serve as the base for our statewide operations. We are not limited by location – our commitment to providing exceptional legal advice extends throughout Florida.
Whether helping businesses navigate the legal path or representing those injured in medical malpractice, Fetterman Law is your trusted partner, offering a unique and powerful approach.
Contact Fetterman Law today to see for yourself the commitment and affordable help we bring to the table.
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Evan Fetterman, our founder at Fetterman Law, is leading the case. Evan’s legal journey began in 1968 after graduating with a Juris Doctor degree from New York University School of Law.
In West Palm Beach, Evan Fetterman is a pioneer, particularly known for improving accessible and affordable legal services in Palm Beach County, Florida.
In his extensive career as a personal injury attorney, he has been a tireless advocate for thousands of people injured in medical malpractice.
After spending three years representing corporations, Arthur Kawataro made a name for himself by advocating for individuals instead of corporate giants. In 1992, he took the decisive step of joining a law firm.
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Since then, Mr. Kawataro has focused his legal practice on individuals and their families. He specializes in handling a wide variety of personal injury and wrongful death claims, ensuring that their voices are heard and their rights are vigorously protected.
Mr. Kawataro is active in handling legal matters from West Palm Beach to all corners of South Florida. He has been an integral part of trial teams that have taken numerous cases to trial, including a landmark $8.1 million wrongful death verdict.
At Fetterman Law, our experienced West Palm Beach medical malpractice attorneys are committed to providing comprehensive assistance to those injured by medical negligence.
If you or a loved one has experienced a medical malpractice, our experienced firm can help you navigate these complex issues:
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We are committed to standing by your side, advocating for your rights and helping you get the compensation you deserve.
As the best personal injury attorneys in West Palm Beach, we understand the important steps individuals must take immediately after an injury.
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