Medical Negligence & Birth Injuries
Medical malpractice is a specialized and complex area of personal injury law. Because special statutes and procedures govern these cases, they are often expensive to litigate and commonly raise complex legal and medical issues. If you believe you or a loved one may have a claim for medical malpractice, it is important that you find an attorney experienced in this area of the law. It is also important that you seek legal advice sooner rather than later as these cases have a two-year statute of limitations in Florida and regularly require considerable time to properly evaluate.
Before a medical malpractice case can be filed, medical records must be obtained and reviewed by a medical expert. Unlike other personal injury cases, medical malpractice actions cannot be filed in Florida without a verified written medical expert opinion corroborating reasonable grounds to support a claim of medical negligence. So, time must be allotted for an expert to review all pertinent medical records after they are obtained. This can be time consuming and expensive. If a medical malpractice lawsuit is initiated, the parties are first required to participate in a 90-day “presuit period,” during which time the parties exchange information, review and investigate the claim, and explore a resolution of the case. If the case is not resolved during the 90-day period, a formal lawsuit can be filed.
Although the legal and factual complexity of medical malpractice cases often drives up litigation expenses, at Viñas & DeLuca there is never a fee for attorney’s time or a charge for litigation costs unless we are able to make a recovery for our client.
Patients and their families are often unsure whether medical negligence is to blame for an injury or death. More commonly, patients simply suspect a medical error has occurred. This is not surprising as medical errors are sometimes committed while patients are under anesthesia or in surgery, and may be hard to detect absent specialized medical knowledge. The lawyers at Viñas & DeLuca have experience investigating, reviewing, and successfully pursuing medical malpractice and birth injury cases. Our goal in each medical malpractice case is to bring clarity and transparency to the facts and circumstances that caused injury and help our clients received the justice they deserve.
Why You Need a Medical Malpractice Lawyer
Medical malpractice actions are extremely complex. Attorneys handling these claims must have a comprehensive knowledge of the numerous Florida Statutes governing malpractice claims and an understanding of the medical issues involved in each claim. Our law firm often hires nurse paralegals and investigators to thoroughly review records in medical malpractice cases to ensure our lawyers have the necessary appreciations for the medical issues of each case.
If you or a loved one suffered injury or loss due to medical negligence, contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372.3650. Or, you can complete our Free Case Evaluation Form and we will contact you.