Medical malpractice lawsuits are among the more challenging personal injury cases. They involve claims for damages against medical practitioners whose negligence caused injury or death.
In Davie, medical malpractice lawsuits are governed by Florida state law, which provides the legal framework for pre-suit procedures, arbitration, and limitation on damages. Understanding the related laws could help you pursue a claim for damages. If you’ve been injured due to a medical professional’s negligence, a Davie medical malpractice attorney at Eggnatz | Pascucci will work hard to hold them accountable.
Why Choose a Davie Medical Malpractice Lawyer from Eggnatz | Pascucci?
After a medical malpractice injury, it’s likely you’re in immense pain and unable to live the life you were previously accustomed to. Instead of navigating the legal process yourself, relying on a trained professional is better.
Victims of medical malpractice most of the time suffer from significant injuries such as misdiagnosis, medication errors, and surgical mistakes, leading to long-term consequences and complications. Our Davie personal injury attorneys at Eggnatz and Pascucci offer years of expertise and knowledge. They will guide you through the legalities when making and filing a case.
Unfortunately, another result of medical malpractice cases are fatalities. A loved one or a family member ends up passing away. Our Davie wrongful death lawyers will offer their professional guidance through your tough time, navigating this emotional time and complex legal proceedings.
Our excellent legal team of medical malpractice attorneys in Davie has helped countless medical malpractice victims receive compensation for their injuries. We’ll fight hard for every dime and never back down from a legal battle.
Burden of Proof in Medical Malpractice Cases in Davie, FL
At the outset, it must be emphasized that the plaintiff or injured party shall have the burden to prove that the healthcare provider deviated from the standard of care. The standard of care is defined as that level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers (Section 766.102 (1)).
If the injury is claimed to have resulted from the negligent affirmative medical intervention of the health care provider, the claimant must show that the injury was not within the necessary or reasonably foreseeable results of the medical procedure constituting the medical intervention (Section 766.102 (2)(a)).
A personal injury attorney will help you meet your burden of proof, ensuring you get all the money you deserve.
Pre-suit Medical Malpractice Investigation Procedures in Davie Malpractice Cases
Before filing a medical malpractice case, there are pre-suit requirements that must be strictly complied with:
- The claimant shall notify each prospective defendant of the intent to initiate litigation for medical negligence.
- The notice shall contain, if possible, a list of all known healthcare providers seen by the claimant for the injuries complained of after the alleged act of negligence.
After the notice is submitted, the prospective defendant’s insurer shall conduct an investigation. You need a medical malpractice lawyer in Davie at every step of the pre-trial phase to protect your rights and negotiate on your behalf.
Medical Malpractice Voluntary Binding Arbitration in Davie
Upon completing the pre-suit investigation with preliminary reasonable grounds for a medical negligence claim intact, the parties may elect to have damages determined by an arbitration panel. Either party may initiate such election by serving a request for voluntary binding arbitration of damages within 90 days after service of the claimant’s notice of intent to initiate litigation upon the defendant (Section 766.207).
Expert Witness for Your Davie Medical Malpractice Injury Case
Due to the highly technical nature of medical malpractice cases, an expert opinion may be used as evidence in court. An expert witness is a healthcare provider who holds an active and valid license and conducts a complete review of the pertinent medical records. If the expert’s testimony is offered as a specialist, the expert witness must specialize in the same specialty as the defendant. Additionally, the expert witness must have devoted professional time during the three years immediately preceding the date of the occurrence of the medical malpractice (Section 766.102).
Get A Davie Medical Malpractice Attorney For Your Injury
Medical malpractice lawsuits are usually complicated due to the legal procedures involved in prosecuting them and the level of evidence needed to successfully recover damages. In most cases, claimants seek the assistance of a lawyer to help them pursue their claims.
If you are involved in a medical malpractice case in Davie, you should seek an experienced lawyer. The dedicated attorneys at Eggnatz | Pascucci understand medical malpractice claims and have helped countless patients achieve a just result following their accidents. Contact us today for a free, no-obligation legal consultation. You can reach out by calling us at (954) 889-3359 or texting us at (954) 289-6961.