FAQs

1. What is medical malpractice?
2. What damages can be recovered from a medical malpractice lawsuit?
3. Who can be held accountable for medical malpractice?
4. What if I did not end up with the desired outcome after treatment? Is that considered medical malpractice?
5. How do I know if I have a medical malpractice case?
6. What are typical medical malpractice claims?
7. What is “informed consent”?
8. What are the statutes of limitations to bring a medical malpractice case?
9. Do I need a lawyer to pursue a medical malpractice case?

1. What is medical malpractice?

   Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include a doctor, hospital, HMO, nurse, chiropractor, or therapist, fails to provide a specific professional standard of care in a given situation, resulting in injury or death.

2. What damages can be recovered from a medical malpractice lawsuit?

   a. Medical expenses for treating the injuries caused by the malpractice,
   b. Damages for pain and suffering,
   c. Disfigurement and disability damages,
   d. Lost wages, and
   e. In appropriate circumstances, the law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost due to the malpractice.

3. Who can be held accountable for medical malpractice?

   Any person who provides medical care to you and is a “health care provider” as defined by Florida Statutes.

4. What if I did not end up with the desired outcome after treatment?  Is that considered medical malpractice?

   In most cases, no. If the desired outcome had nothing to do with a health care provider’s failure to provide reasonable and appropriate medical care, then the chances of being successful in a medical malpractice case is very unlikely.

5. How do I know if I have a medical malpractice case?

   Determining whether a health care provider may be liable for medical malpractice requires the evaluation of both legal and medical considerations. You should consult with a qualified law firm, like Rosen & Ohr, P.A., if you suspect you have been the victim of medical malpractice so that our firm can thoroughly and properly evaluate these often times, complex legal and medical issues. If you believe you or a loved one has suffered as a result of medical malpractice, contact the medical malpractice law firm of Rosen & Ohr, P.A. today and let us serve you!

6. What are typical medical malpractice claims?

   a. Failure to properly diagnose a medical condition, such as cancer, brain injury, fluid in the lungs, internal bleeding and many others;
   b. Failure to properly treat a diagnosed condition; or
   c. Failure to obtain “informed consent” from the patient prior to treatment.

7. What is “informed consent”?

   Informed consent is an individual’s agreement to allow medical treatment to be rendered based upon full disclosure of all the relevant facts including the risks involved and the likelihood of specific outcomes.

8. What are the statutes of limitations to bring a medical malpractice case?

   The statutes of limitations for medical malpractice is generally two years from the date you either knew or should have known of the malpractice. Determining when the statute of limitations expires in many cases is a complicated process. However, the experienced law firm of Rosen & Ohr, P.A. will gladly offer you a free consultation to discuss this and any other important issues that pertain to your specific situation. If you believe you or a loved one has been the victim of medical malpractice, contact the medical malpractice law firm of Rosen & Ohr, P.A. today.  During your free case consultation, we will gladly evaluate your case for any statute of limitations concerns, as well as for any other issues.

9. Do I need a lawyer to pursue a medical malpractice case?

   Yes. Due to the complicated and intricate nature of medicine and the human body, the often times substantial sums of money at stake, and the expense that doctors and hospitals are willing to undertake to vigorously defend these cases and their reputations, medical malpractice is known within the legal community as one of the most complex and vigorously litigated areas of law.

   After a free consultation and preliminary evaluation, a qualified and experienced medical malpractice law firm, like that of Rosen & Ohr, P.A., will start off by gathering all the appropriate medical documentation, including doctor’s and nurse’s notes, laboratory results, pathological reports, monitoring strips, EKG printouts, x-rays as well as many other various diagnostic reports, charts and records. After a thorough in-office review with our own nurse and medical doctor consultants, we will then scour the country to find the most qualified and credentialed experts. First, we’ll make sure any potential expert hasn’t already been retained by the other side. Then, we’ll send off the records to have them reviewed. After receiving the potential experts preliminary opinion, we will interview them to determine whether or not they will be suitable and effective witnesses. Knowledge and experience in the subject matter of any particular case is certainly the most important criteria, however that is almost useless if the witness cannot effectively communicate his opinions to the jury. Medical malpractice is often referred to as a “battle of the experts.” Often times, who ever has the more qualified and believable expert will win the case. So with this in mind, we spare no expense in our search for the best, most intelligent and qualified experts. Medical professionals who “wrote the book” on the issues your case presents is invariably a substantial factor in our search. Sometimes we use different experts in different phases of the same case. Those decisions are completely dependent on what is in the best interest of each case.

   During the litigation, numerous complex issues of medicine and the law arise. We have assembled an outstanding team of caring and dedicated attorneys, paralegals, nurses and doctors to help us quickly address each issue as it arises. Very often, no two medical malpractice cases are alike. However, with 45 years of legal experience, the Law Office of Rosen & Ohr, P.A. has litigated every major type of medical malpractice case. We have been, and will always be, primarily focused on serving you and your family, doing all that can be done to help you obtain the very best possible outcome for your case.

   If you or a loved one has been injured in a medical malpractice case, CALL (954) 981-1852 or contact us online today for a free consultation. Let the Law Office of Rosen & Ohr, P.A. serve you and help you obtain the compensation you deserve!

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