After a recent conversation with a prospective client I thought I would go through some of the benefits of hiring a medical malpractice attorney
Benefits of a Medical Malpractice Lawyer
The medical world doesn’t always get it right. It happens a great deal of the time, but there are times when you will come out of a procedure, or diagnosis and something has gone awry. In those times, you or someone you know can feel helpless, without assistance. It’s hard to deal with problems associated to the medical world, which is why medical malpractice lawsuits are filed. If you have ever wanted to investigate this, or feel that you’ve been a victim, all you need to do is contact a medical malpractice lawyer. This may not be the first thing that comes to mind at first, but it will definitely be clear, when you ascertain the benefits involved.
Explanation of Your Rights
When you go into a hospital or any sort of medical facility, you are not told all your rights. Patients have rights that are sometimes hidden in fine print (normally and arbitration agreement), and long formatted texts. You may be rushed through signing paperwork so that a doctor can get to work helping you, or any number of reasons. When you visit a lawyer, however, they will sit down with you and explain the rights that you have as a patient and even talk about what may have gone wrong. If your rights have been violated in any way, you will have a case, and that could help offset the costs of repair, and even pay you for damages after the fact.
A malpractice attorney spends their lifetime trying to help people that have become victims of the medical world. You may find this to be a bit scary at first, but it’s absolutely something that you need to understand on a grand scale. If anything goes awry while in surgery, or even when getting a vaccination, or blood drawn, you are to be cared for, and if insurance companies, and doctors don’t listen, you’ll have no choice but to ask for help from someone that will listen, an attorney.
Millions of people end up losing their jobs, or having a pile up of bills start to show up on their doorstep, and it’s not an easy thing to get out of. No matter how hard you fight to avoid this issue, you may end up feeling sick, or not getting back on your feet properly. When these things happen, you absolutely have the opportunity to get help, and legal action can be taken. Legal actions don’t always mean that you get rich, but rather, your bills and your work life can be restored. You could even get a second opinion, or a corrective procedure done to alleviate the issue. Medical malpractice is a serious issue and something that should not be glanced over.
If you feel that you or someone you know is a victim of this problem, make sure that you seek out a little bit of help. Without the helping hands of a legal professional, you will not be able to overcome the hurdles that are thrown at you. Take into account the above and move forward with relative ease.
Hiring someone with experience:
Mark Perenich has 30 years experience, and has successfully handle numerous medical malpractice cases despite the medial malpractice caps law.
If you need a medical malpractice lawyer please call Mark Perenich today 727-386-9677
Mark Perenich has been practicing personal injury law in Florida since 1984, he answer your questions if you have been in a car accident.
If you have been in a car accident, and either party was in a rental car, there are somethings you should know:
In a nutshell: The graves amendment makes it very difficult to hold the rental company liable under most theories of negligence.
Graves Amendment, 49 U.S.C § 30106
“An owner of a motor vehicle that rents or leases the vehicle to a person shall not be liable under the law of any State, or political subdivision thereof, by reason of being the owner of the vehicle, for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease if: 1) the owner is engaged in the trade or business of renting or leasing motor vehicles; and 2) there is no negligence or criminal wrongdoing on the part of the owner.”
The Law in Florida
Before Graves Amendment was codified in 2005, In Florida ‘Voracious Liability’ was imposed on the owners of Motor Vehicles for negligence of the driver in adherence to Florida Code § 324.021(9)(b)(1) ‘Dangerous Instrumentality Doctrine’, which made short term lessor of an automobile liable for the damages caused but only up to $100,000 per person, $300,000.00 total for bodily injury, $50,000.00 for property damage.
The conflict between the two laws (state v/s Federal) which arose after the enactment Graves Amendment continued for a long time up until 2013 when the Florida Supreme Court clearly stated that “the Graves Amendment preempts liability under Florida Statutes Section 324.021(9)(b)(1)” in Rosado V. DiamlerChrysler. The court rejected the contention that 324.021(9)(b)(1) is a financial responsibility law.
Exception to Graves Amendment
- Negligent entrustment – when the owner or lessor of the vehicle is negligent in entrusting the vehicle to an incompetent driver.
- Independent Negligence- When the owner or lessor of vehicle is found independently negligent for ex. they didn’t maintained the vehicle in good condition.
- Negligence by company’s personnel – When the employee/ staff / driver of the owner / lessor of the vehicle was negligent and caused damages.
- Only applicable to owners of leased or rented vehicle not for Loaner Transactions.