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Counsel That You Can Trust & Depend On

What is the number one factor when evaluating a Leesburg medical malpractice claim?

Guy DiMartino July 11, 2015

Throughout the course of any given week, I receive multiple phone calls from potential clients who often convey stories of medical malpractice. When these folks are on the phone, they start to recite everything that happened them with such passion and conviction. A lot of times because of their passion, I have to interrupt the conversation, and I ask how are you doing? Often, I hear that I’m better. I had to undergo a series of operations and I was hospitalized for a period of time but now, I’m okay. This response usually ends our conversation and I will explain why.

The medical malpractice legal system is not set up to compensate patients who have temporary injuries. Bringing a medical malpractice claim is quite expensive, and because of the high cost and contentious nature of the litigation, Leesburg medical malpractice lawyers cannot accept cases where there is not severe permanent injury or death. I always tell folks, “What is good for a medical malpractice case is not good for you”

When I explain the truth about these claims to a potential medical malpractice client, he or she responds, “So the doctor gets away with murder?” The truth is in some situations that is true because of the way Florida’s wrongful death statute is written. If a patient is killed because of medical negligence and he doesn’t have a surviving spouse or child 24 or under, there is no claim, so in essence the negligent doctor or hospital did get away with murder.

The other thing an aggrieved patient needs to know is that civil litigation is not the only way to hold a healthcare provider responsible for poor medical care. They are free to file a complaint with the healthcare providers licensing Board through the Department of Health Complaint Procedure.

Many potential clients are unhappy with this advice, but you know what, practicing medical malpractice law is not easy and a medical malpractice lawyer’s job is appropriate case selection. We can only assist folks who have suffered severe and permanent injury or the families of folks who have passed away because of medical errors.

If you have any questions about a Leesburg medical malpractice claim, call 352-267-9168.