Medical Malpractice
What do you do to determine if I have a medical malpractice case?
Presuit is a term used by the legal profession to determine the viability of your case. What this means is that before you file an action, our Miami, Florida medical malpractice lawyers must collect any and all pertinent medical records to be reviewed by a qualified medical expert. After reviewing the evidence, if the medical expert determines that medical malpractice occurred, a Notice of Intent is prepared that outlines the medical negligence and damage in the case. The expert will attach an affidavit to this Notice of Intent. The defense will have 90 days to investigate the claim. During this time both sides are allowed to obtain information and take unsworn statements concerning the case. Once the 90 days have concluded, the defense can settle the case, offer to admit legal liability and proceed to arbitration on damages, or deny the medical malpractice claim. In most instances the cases are denied and a lawsuit is then filed.
How much money will my medical malpractice case cost and who will have to pay these costs?
A large amount of research is required and many experts are used in a medical malpractice case. The amount of money required to litigate can be high. An average case can cost about $30,000. Remember that your case is unique to our Miami, Florida medical malpractice lawyers. The Law Offices of Robert Rubenstein, P.A. will advance those costs for your case. You will be required to pay the firm for costs in your case only if you win.
Will my medical malpractice case go to trial?
Our Miami, Florida medical malpractice lawyers will work to achieve the best possible result for you based on the information we gather about your case. If your case will achieve a better result from a settlement, we will work toward a reasonable settlement. If your case would best be resolved in trial, we are fully prepared to and experienced in trying the most serious of cases.
Is mediation an option and if so what does it entail?
Yes. Mediation will take place prior to the case proceeding to trial. Each side appears with their lawyer before a mediator, whom is often an attorney practicing in the community or a retired judge. Both sides will present their case to the mediator. The mediator will then try to get both sides to agree to a settlement. If the both parties cannot settle the case during mediation, the case then proceeds to trial. All information contained in the mediation conferences is confidential and cannot be used in trial.
How long will it take to resolve my medical malpractice case?
An average case will take approximately one to two years to resolve depending on the complexity of the issues involved. From start to finish, our Miami, Florida medical malpractice lawyers will fight diligently for your legal entitlements.
What is my next step?
If you have a possible claim against a hospital or medical professional, the Miami, Florida medical malpractice lawyers at the Law Offices of Robert Rubenstein, P.A. are ready to help you. Speak with one of our legal experts today.
For more information on doctor negligence and your legal entitlements, contact our Miami, Florida medical malpractice lawyers today.