The Importance of Determining Fault in Your Medical Malpractice Claim
Thousands of medical malpractice claims are brought forth each year alleging that some form of negligence occurred resulting in injury to a plaintiff. Injured parties often run into problems when determining whom to sue. Typically, injured parties do not know all of the parties involved in a surgical or treatment procedure. Unfortunately the limited knowledge makes it more difficult after negligence is discovered as hospitals and other medical personnel do not release necessary information voluntarily. The importance of obtaining an attorney experienced to determine liability may save you from a possible motion to dismiss your claim.
Abolishing Joint and Several Liability
There are several reasons for which all necessary parties must be included in your claim. As an initial note, any party listed as a defendant can file a motion that would allow a court to dismiss your claim if they are invalidly listed as a party. In addition, the state of Florida abolished joint and several liability in 2006. Prior to 2006, joint and several liability allowed an injured party to sue and recover from any and all responsible parties. It also allowed an injured party to recover the full amount of an injury. This is no longer the law.
After abolishing joint and several liability, Florida enacted the doctrine of comparative negligence. The principles of comparative negligence control the amount of recovery from any one defendant. Comparative negligence only allows an injured party to recover damages in proportion to the amount of negligence. For example, if three different doctors were negligent and contributed equally to your injury, you may only recover 1/3 of your damages from each doctor. The reasons stated above is why it is important to include all responsible parties, to ensure that you obtain the most compensation for your injury.
Investigating your Claim
Once representation begins, an attorney will obtain a medical release. This will allow our office to begin an investigation of your claim. A review of prior medical history, current health diagnoses, and help from some of Florida’s medical experts help determine the extent of any malpractice.
If you have a valid claim our office will guide you every step of the way. Whether the ultimate goal is settlement or taking a claim to trial, our attorneys will ensure that you understand what is happening in every stage of your case.
Contact Us Today for Assistance
The Port St. Lucie attorneys at Eighmie Law Firm, P.A. are trial lawyers with over 20 years of experience. We are skilled in personal injury claims representing clients during every stage of a case. If you are looking for a family of attorneys who will fight to ensure that your family will obtain just compensation, you have found the right place. Our family of lawyers will be delighted to help your family. If you want to be one step closer in obtaining the relief you deserve, contact Eighmie Law Firm, P.A. for an initial consultation.