Florida personal injury laws apply to circumstances that warrant a medical malpractice lawsuit. These conditions occur when a medical professional produces an injury due to lack of training, misdiagnosis, failure to diagnose properly, or commits an act of malice. If you were the victim of any of these situations, you should hire a personal injury attorney to fight back.
Medical Malpractice in Florida
When a medical malpractice claim is filed in the state of Florida, the first order of business is a review by the hospital or governing board that runs the medical facility in which the injury occurred. This review results in a full-scale investigation into where an error was made or lapse in judgment on the doctor’s part. The board reviews the findings of this investigation and reports back to the court.
Once the reasoning behind the injury is discovered, the medical review board contacts the victim’s personal injury attorney to offer a settlement, if the doctor was at fault. When this distinction is made, it is likely that the board will terminate the doctor or ask him or her to resign from their position within the medical facility. However, if the victim does not accept this settlement offer a court hearing or trial is scheduled.
In these cases, expert testimony is required to verify the events that occurred during the procedure or surgery in which the victim sustained the injury. This expert should have extensive experience in the medical field that relates to the treatment option acquired by the victim. The expert must also possess a valid license to practice, and at least ten years experience in this field.
Negligence or malice that is present in a medical malpractice case could lead to criminal charges. If it is proven that the medical professional utilized his or her position within the hospital to inflict an injury due to a personal agenda, this is a criminal act and is prosecuted through a criminal case. However, extensive evidence is required to support this accusation.
Victims of medical malpractice suffer not only physical injuries but also a stir in the foundation built on trust. Patients place their lives in the hands of doctors every day, and when this trust is broken it leaves a significant impact. If you were the victim of medical malpractice, you should contact Personal Injury Lawyers to establish your rights and prevent future injuries by the doctor you trusted.