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What is the Duty of a Medical Malpractice Attorney in Port St. Lucie?

November 24, 2014

The key duties of your Medical Malpractice Attorney in Port St. Lucie are centered around two different phases to your lawsuit.

When you contract your lawyer, he/she must discuss the fee structure with you before doing any work on your case.  In Florida, it is common to have a contingency fee payment structure – where the client does not pay until the settlement is reached – percentages paid to the lawyer are governed by the Florida Bar Rule of Professional Conduct.

1. ANALYSIS

Once you have agreed on the fee structure, the first thing that the lawyer must do is a medical analysis of your case.  This would include reviewing your medical files, determining the course of events that led to the issue and make an assessment of whether it is indeed a case for Malpractice.   This is why getting a Medical Malpractice Attorney is so important, you will need someone with experience in understanding the nuances of medical law and procedures.

If your case is deemed to have merit, then the lawyer must do a legal analysis to see if it will result in a positive outcome.  There are statutes of limitations to consider with medical malpractice (in Florida this is two years from the date of the breach), and if your case is coming to light too late it may mean it will be dismissed.   As a Medical Malpractice Attorney, your lawyer should understand where the exceptions could be argued for if necessary, especially if there are circumstances that made it impossible to know a breach has occurred until after the statute of limitations has expired.

2. LAWSUIT

Once your Attorney has determined you have a good case and you are ready to move forward.  Your attorney will conduct interviews with witnesses and gather evidence on  your behalf to support your case.

Your Medical Malpractice Attorney has a duty to perform all the pre-suit notice requirements in the right time frame and correctly.

In addition, your lawyer will be the professional buffer between you and any claims professionals that may be interested in negotiating with you.  You will be protected from bullying tactics and the stress of dealing directly with the defendant(s).

A professional who practices as a Medical Malpractice Attorney, understands the specific ins and outs of the process for Medical Law and can navigate the process for you much better than a generalist who does not regularly handle this kind of lawsuit.