Medical Malpractice Lawyer

Dealing with Negligence in the Health Sector with Medical Malpractice Law

Medical malpractice law has been framed to address the issues concerning medical negligence that happens when a health care provider fails to meet the established standards of medical care while administering treatment. Medical malpractice can also be a consequence of failure to take appropriate medical action in time. Instances of medical malpractice include inability to offer suitable treatment for a particular health problem, delay in the diagnosis and subsequent treatment of a disease and the incorrect diagnosis of a health issue.

The traditional collateral source rule states that the defendant may attempt to limit the liability by bringing in evidence that suggests that the plaintiff has already been compensated from sources, such as the insurance coverage by which the latter is covered. In Florida, there is an obligatory balance for payments that are made from collateral sources.

A layman’s testimony in a medical malpractice case can be accepted only when the instance of negligence is quite apparent. While seeking the testimony from an expert, it is necessary that he/she is from the same practice area as the defendant or has been practicing for a period of a minimum of five years.

As far as liability is concerned, Florida law states that the compensation which the plaintiff is supposed to receive is reduced if the plaintiff is found to be at fault. These cases should be filed within a couple of years of the date of occurrence of the incident. The attorney fee in these cases is limited to 30% of the initial $250,000 of the damages.

Laws that govern medical malpractice cases are highly complicated in nature given the technical aspect. These cases are fiercely fought over by defense firms. The lawsuits can prove to be expensive for the plaintiff as an inexperienced lawyer may struggle to deal with the medical issues. Even a minor error causes a wrongful death. Therefore it is necessary to hire the services of an experienced attorney. If you are a resident of Tampa in Florida, then you need to recruit the services of a specialized Tampa Wrongful Death Attorney who can fight your case.