Medical malpractice occurs when a doctor, nurse, dentist, chiropractor or
other health care provider fails to act reasonably, based upon what
is expected from similar health care providers under the same circumstances.
If you believe you, or someone you care about, has been the victim
of medical malpractice, contact
our law firm for an "instant" FREE and CONFIDENTIAL evaluation
of your medial malpractice case by completing our online
consultation form or contact
us to discuss any questions you may have.
Frequently
Asked Questions Regarding Medical Malpractice Claims Is there a time
limit to file a claim for medical malpractice?
Yes. The Florida statutes
have several provisions that need to be carefully considered by an experienced
attorney in light of the facts of any potential medical malpractice claim. It
is difficult to state the applicable statute of limitations for medical malpractice
claims in Florida without fully knowing the facts of a particular claim. The statute
begins with a 2 year limitation from the date the patient knew or should have
known of the malpractice, but contains language that could extend that period
to as long as 4 years and, in some instances, to even 7 years. Because of the
complexity and importance of the Statute of Limitations as it would apply to any
particular medical malpractice claim, it is critical that an experienced attorney
be consulted as soon as the suspicion of malpractice occurs. Once the period designated
by the Statute of Limitations passes without proper action having been taken,
all rights to pursue a claim for medical malpractice are likely to have been lost
forever. How does Hancock & Hancock decide whether to accept representation
of a medical malpractice claim?
First, we must determine if we can reasonably
meet our burden of proving three things: - that the health care provider
was negligent;
- that there are substantial damages justifying the substantial
cost of pursuing the case; and
- causation, meaning that the specific negligence
caused the substantial damages.
These factors help us decide if the case
is feasible to pursue on your behalf. When should I suspect that medical
malpractice may have occurred?
Probably the most likely indicator that
medical malpractice may have occurred is a dramatically different or unexpected
result of treatment or surgery. An example would be serious brain injury following
relative minor surgery. Another telltale sign is the failure of the provider to
give a good explanation for a worsened condition of the patient or of the sudden
death of the patient. There are also instances in which nurses or doctors or other
providers make critical statements of prior health care providers. These statements
sometimes turn out to be accurate indicators of medical malpractice even though
they may never be repeated in a legal setting. Does Florida law require
certain steps to be followed before allowing an attorney to file a medical malpractice
lawsuit?
Yes. These procedural steps are called "presuit" and are unique
to Florida. Prior to filing a medical malpractice action, our firm must gather
all pertinent medical records and have them reviewed by a qualified medical expert.
If the expert believes that medical negligence occurred, then a pleading called
a Notice of Intent is prepared outlining the negligence and damage issues in the
case. An affidavit from the medical expert is attached to this Notice of Intent.
The doctor or the attorney representing the doctor then has 90 days to investigate
the claim. During this 90 days there is an informal exchange of information and
both sides are permitted to take unsworn statements and obtain other information
concerning the case. At the conclusion of 90 days, the defense can either settle
the case, offer to admit liability and proceed to arbitration on damages, or deny
the claim. The vast majority of cases are denied. Only after these procedures
have been followed can a lawsuit then be filed. How does Hancock &
Hancock find and select experts?
"Experts" are people who are specially
qualified by experience or training and possess knowledge on matters not commonly
understood by the general public. The law permits such persons to give their opinions
in malpractice cases. In medical malpractice cases, there are often numerous experts
needed on a variety of issues, including negligence, the nature and extent of
the damages, and the causal link between the negligence and the damages. Our firm
brings the highest possible caliber of expert witnesses, from across the United
States, to each case. Can a hospital be sued for causing my injuries?
Hospitals are generally liable for any actions of their staff employees that
are undertaken within the scope of their employment. For example, a hospital is
responsible for the actions of a nurse employed by the hospital in the course
of providing care in the hospital. Questions regarding the liability of
hospitals frequently arise when they involve the actions of a doctor who is not
an employee of the hospital. - a doctor may not be on staff, but only
have privileges at the hospital
- a doctor may be on the staff of the hospital
but bill patients directly for services rendered
Traditionally, these
doctors are considered independent contractors rather than employees, and the
hospital may not be automatically liable for their negligence. Exceptions to this
general rule have been recognized in situations where the patient has every reason
to believe that the doctor is employed by the hospital. For example, hospitals
have been held liable for the actions of doctors working in their emergency room
even if they were not employees, as well as for anesthesiologists and radiologists.
I believe a doctor or health care provider has committed malpractice,
and that I have been injured as result of the malpractice. None of my other doctors
want to comment on whether the doctor committed malpractice. Can Hancock & Hancock
still successfully file a medical malpractice lawsuit?
Yes. By using
nationally recognized experts to carefully review and analyze the medical records,
we are able to successfully pursue medical malpractice claims even when none of
the doctors involved in your care want to comment on whether malpractice was committed.
How long will it take Hancock & Hancock to resolve my case?
The typical medical malpractice case takes between 1 and 2 years to get to trial
from the date the lawsuit is filed in court. However, a pre-suit period of 90
days is required in Florida prior to filing the lawsuit. What will
our consultation involve, and how much will it cost me?
We do not charge
you for any of the time we spend meeting with you to discuss your claim. We only
earn a fee and are reimbursed our court costs advanced only if we obtain a recovery
for our clients. We start with an interview to determine the facts as you know
them, and make a judgment about whether the case is one which should be pursued.
If the decision is made to move forward, then the ensuing investigation begins
with the collection of all pertinent medical records directly from the health
care providers. We ask you to sign releases authorizing us to obtain these records.
We then review and analyze the records to determine exactly what happened, and
then research the medical literature to identify questionable areas of medical
practice. If we believe there is a strong probability that medical malpractice
occurred, we will submit your records to the appropriate medical experts for review,
asking them for their opinions on the issues of negligence, damages and causation.
This review can be quite expensive and time-consuming. If, after consultation
with these medical experts, we believe that we can satisfy our burden of proof,
we then recommend to our client to move forward to litigation. If we decide, based
upon a review of the medical records, not to pursue the case, you are not charged
for any expenses we have incurred. FREE CONSULTATION
If you, or someone you care about, has been the victim of medical
malpractice, contact our law firm for an "instant" FREE and CONFIDENTIAL
evaluation of your medical malpractice
case by completing our online
consultation form or contact
us to discuss any questions you may have. Attorneys Michael
Hancock or Claire Hancock will personally provide detailed and comprehensive
answers to your important questions by reviewing your completed
questionnaire, evaluating your claim and responding to you, either
by e-mail or telephone, within 24 hours. Or, if you prefer, call
Michael Hancock or Claire Hancock from anywhere in the United States
at 813/915-1110. Our phones are answered 24 hours a day,
7 days a week. We will answer your questions, without charge, and
there is no obligation to use our services.
In addition
to medical malpractice cases, Hancock & Hancock handles the following types
of cases in Florida:  | 
