Florida Legal Malpractice Law Blog

Knowing the ins and outs of medical negligence

Hospitals are, ideally, places of treatment, comfort and even hope. Floridians can rest assured knowing they have many reputable hospitals available across the state; today's advanced technologies in the medical field only add to that comfort. Yet some patients, despite these medical advantages, fall through the cracks. When a hospital does not fulfill its promises of caring and treating patients properly, a myriad of issues can occur. While a patient's wellbeing should be a top priority, there are instances in which that priority must be fought for. 

Just weeks ago, The Miami Herald covered the heartbreaking story of two Florida parents who lost a child due to medical negligence. When their son's pediatrician claimed the 22-month-old had nothing beyond a minor cold and sent him home, his parents trusted this guidance. However, the infant had pneumococcal meningitis -- a common cause of bacterial meningitis -- and died two weeks later. According to the Herald, the parents had taken steps toward filing a potential wrongful death and medical malpractice lawsuit. The child had seen his pediatrician three times in the weeks leading up to his death. 

What online reviews can (and can’t) tell you about a lawyer

When the average person needs legal help, it’s hard to know where to turn. Selecting an attorney to represent you during your most vulnerable time is a major decision. You want to find someone you can trust with the details of your case and knows exactly how to navigate law.

Increasingly, people in need of legal advice are turning to the internet to research potential lawyers. In addition to a firm’s official website, you might browse what their clients really think in candid online reviews. Although they can never guarantee the quality of service ahead of time, reviews can tip you off to some very important factors.

When a therapist crosses the line

Millions of Americans benefit from therapy, as it can help turn lives around for endless patients in need. It is an outlet through which many place life's troubles, and ultimately helps unearth answers to those hard times. Yet as with numerous industries, professional therapists do not always carry out honest practices -- in these cases, patients may choose to take legal action. What choices, exactly, do Floridians going through this unfortunate situation have? 

Addressing mental health problems is a brave and accomplished step for many; needless to say, addressing an issue with a mental health counselor is another burdensome story. It can be upsetting to find that a therapist is guilty of malpractice, but Psychology Today reminds readers that suing a psychiatrist is not out of the question. To acquire compensation for malpractice, patients typically must provide proof that a patient-doctor relationship existed. They must prove the doctor was negligent, and that the patient experienced physical or mental injury as a result. Patients must also prove the link between the therapist's negligence and the patient's own injury. There are other ways to address a malpractice case, including:

  • Filing a human rights complaint
  • Filing a complaint with the therapist's employer
  • Posting negative reviews online about the therapist    

Legal malpractice statute of limitations

If you are like most people in Florida, one of the last things you might think about when working with an attorney is the possibility that the lawyer fails to provide you with the level of service and counsel you deserve. While this might be uncommon, problems like this can and do happen and they can leave clients wondering what they can do to move forward. In some situations, pursuing recourse for any harm or losses experienced may be appropriate. However, it is important to understand when this may be able to be done.

As explained by the Florida Statutes, the state has clear laws on the timeframe in which a legal malpractice claim may legitimately be initiated. This is generally referred to as the statute of limitations. The statute of limitations sets the time by which any claim alleging potential legal malpractice must be filed in order to be allowed in the court. Under state law, there are different statutes of limitations for different types of actions.

The Top 3 Reasons For Legal Malpractice

When you have a problem that needs legal intervention such as a divorce decree or a stressful personal injury claim, you turn to lawyers for help. You trust that they will be competent and resolve any legal issues you have while being compliant with all relevant statutes and regulations.

What can you do if you find out that your lawyer didn’t adequately pursue all legal avenues in your case? Here are the top three reasons for legal malpractice in the United States, according to the American Bar Association.

Legal malpractice after a traffic accident

Legal malpractice occurs in all areas of law, from probate to cases involving real estate. However, it can be particularly devastating for people in certain circumstances, such as car accident victims who are trying to piece their lives together following a crash. if your life was recently turned on end by a reckless driver, you deserve to have your rights protected and the negligent driver should be held fully accountable. Unfortunately, victims do not always receive the justice they deserve and our Florida law firm recognizes the unique challenges that car crash victims in this position may have to endure.

Motor vehicle accidents can disrupt life in diverse ways, creating financial hardships due to missing work or struggling with hospital bills. Moreover, the physical injuries that victims suffer from can be incredibly overwhelming and the mental consequences of an accident, such as anxiety or depression, should not be overlooked either. In some instances, a family may lose someone they love and feel even more let down when legal malpractice occurs afterward. If you are trying to deal with any of these burdens and are unsure of which steps to take, it is vital to immediately look over your legal rights and think about how you will handle this situation.

The importance of addressing legal malpractice properly

There are a wide variety of examples of legal malpractice, from mistakes that take place during a trial to the breach of fiduciary duties and insufficient documentation. Our law office knows that people in Jacksonville and all across the state of Florida have encountered many of these challenges and the various problems they can create, which is why handling legal malpractice correctly is so vital. Legal malpractice occurs in various practice areas, from real estate law to litigation involving a motor vehicle collision. If you suspect that legal malpractice has taken place and are worried that your rights were violated, it is essential to defend yourself and go over your options.

In some instances, legal malpractice can be prevented when mistakes are identified and handled right away. In others, it is too late and the malpractice has already caused damage. If your rights were violated or you are struggling with an outcome that is less favorable due to legal malpractice, it is essential to handle the situation appropriately for multiple reasons. Not only do you deserve justice, but you might find peace of mind and freedom from emotional issues that can arise due to malpractice (stress, anger, depression, etc.). Moreover, you may be able to benefit from a more advantageous financial outcome.

Two firms involved in legal malpractice claim

Florida companies or individuals that hire law firms to represent them should always be able to trust that their attorneys will operate with their clients' best interests at heart. That, unfortuntately does not happen in some situations leaving people or businesses facing some serious challenges.

This is what one former executive of a company based in Fort Lauderdale is accusing two different law firms of. The story starts three years ago when the then-chief executive officer hired one law firm to handle its initial public offering. The following year, the man asked the same firm to help the company raise additional funds. This led to the involvement of hedge funds and eventually lawsuits were initiated involving the funds and some of the investors. The original firm referred the executive to another firm for help with this litigation.

$5 million legal malpractice verdict

When a firm is contacted to vet an acquisition, their client expects them to complete a full review and provide accurate information, especially regarding who would be responsible for any financial liabilities. Unfortunately, that is not always what happens as illustrated by a recent verdict.

Dishonesty in dental practice

Self-care is a basic necessity for most; nutritional diet, yearly checkups and day-to-day healthy practices are part of a typical routine. Dental checkups are part of that routine for a large majority of Floridians, as dental health often sets the stage for a flourishing lifestyle. Therefore, dentists are professionals to trust -- or, at least, many would think. Unfortunately, this is not always the case. Whether it is by intent or mistake, discovering that a healthcare professional made a misstep can be an incredibly unsettling experience deserving of a solution.

Just two years ago, ABC News reported the investigation of a Florida dentist who performed unnecessary procedures for Medicaid-related benefits. The longtime Jacksonville professional had allegedly implanted excessive metal caps on teeth, as well as performed various other unneeded treatment to the children of 50 families. Having taken advantage of the Medicaid benefits, the dentist had placed no limit on the types of procedures he would heedlessly carry out -- at the time of the incident, Medicaid paid per procedure per tooth. The dentist, however, denied all allegations. 

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