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Posts Tagged ‘Medical Malpractice Lawyers’

Medical Malpractice Lawyer in Miami

Thursday, July 15th, 2010

You need to utilize the services of a medical malpractice lawyer if you or someone you care for has been injured, even temporarily, by the negligence of a doctor or hospital. Pursuing a case of medical malpractice without the assistance and help of a qualified lawyer is really going to only be an exercise in futility for you, as you will very quickly find out.

The role of a qualified and good medical malpractice lawyer would be to find out the details of the case. The lawyer has had a great deal of experience with this type of case and is fully aware of what needs to be proved, what needs to be demonstrated, and what data needs to be gathered. After all this has been done, the lawyer can make an informed and educated recommendation to you as to whether or not you really have a malpractice case and whether or not it is worthwhile to move forward with it.

If you are worried about the fees that the medical malpractice lawyer will charge you, this should not be a concern at all. In most cases, the lawyer will take a percentage of the award that you are given as a result of the case being won, instead of charging you legal fees separately. This makes a great deal of sense for the lawyer since if he does not win the case, he does not get paid for all his time that he invested in it, so he has a greater incentive to win the case and offer you his best advice about the case.

Make sure that you feel comfortable with the lawyer you choose. You should feel like you are able to talk openly with him or her, and also feel comfortable that they have the experience under their belt to be able to represent you and win the case. If you do not feel comfortable, you can always find another lawyer.

Another advantage to using a medical malpractice lawyer is that they know the law and they know how to present the case. In that situation, as opposed to you representing yourself, the majority of malpractice cases are settled out of court. This is quick and easy for the doctor or hospital, it does not cause the case to drag on through the legal system for weeks and even months, and also does not create a great deal of negative publicity for the doctor or hospital. But if you are representing yourself, it probably will not get settled out of court since they will assume you are not a legal expert and will push back as hard as they can.

If you or someone you love has been injured by malpractice, do not hesitate to talk with a good medical malpractice lawyer as soon as possible while the facts are still fresh in your mind, since you deserve compensation for what happened. Medical malpractice attorneys in Miami Florida, Glinn & Somera, P.A. focus on medical malpractice lawsuits protecting individuals & families from doctors, hospitals & health care providers.

The attorneys of Glinn & Somera, P.A. focus on protecting families from being victimized by the reckless behavior of some doctors and hospitals. They stand ready to make sure that you and your loved ones are protected, get justice and are fairly compensated for what was done to you. It will also help protect others from being victimized as well. Glinn & Somera looks forward to each case as a fresh challenge to get victims of medical malpractice the justice they seek and the compensation they deserve. Call them today for a free consultation or contact them online.

Using Medical Malpractice Lawyers For Health Care

Wednesday, December 16th, 2009

When an injury occurs to a patient due to improper conduct by a health care provider who may be the doctor, nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals etc. It is termed medical malpractice. Medical malpractice lawyers are specialized in this field.

Numerous lawsuits are filed every year for medical malpractice in the US. The patients or their near ones have the right to claim for economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a claim lawsuit even when the informed consent of the patient is taken. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the consent of the patient is taken.

Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the earlier illness or injury.

Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient or the medical malpractice lawyers). The plaintiff needs to prove three things in court:

That the health care provider has failed to provide the patient with adequate and reasonable care. this failure to provide reasonable care is the cause of the damage caused to the patient. Hence it is the liability of the health care provider to pay for the damages.

A further complication that arises is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide expert witness also.

Contingent basis means the law firm gets paid from the damages recovered from the defendant. Most of the medical firms are covered by insurance. Generally the insurance companies shy away from paying damages to the patient but if the patient is represented by an experienced lawyer they are willing for an out of court settlement. This is to avert the risk of a trial and the court may award more penalties. In order to restrict medical malpractice, the courts levy two types of penalties on the defendant. In this way, obviously using medical malpractice lawyers to protect patients’ rights is necessary and worth considering.