FREQUENTLY ASKED QUESTIONS
Q: What is a medical negligence claim? A medical negligence claim is a legal claim for injuries caused by the violation of medical safety rules by a health care provider. A medical negligence claim or hospital negligence claim can be prosecuted on behalf of persons who have been unnecessarily injured in the health care system. In Florida individuals, and/or family members, are authorized by law to prosecute a medical negligence claim when a doctor or hospital violates accepted rules of careful practice and the violation causes them injury.
Q: What is a hospital negligence claim? A hospital negligence claim is a medical negligence claim in which members of the hospital staff caused injury by the violation of hospital or medical safety rules.
Q: Is there a difference between the terms medical negligence and medical malpractice? No, the terms can be used interchangeably.
Q: What should be considered in the selection of an attorney to pursue a medical negligence claim?The attorney should be experience in the field of medical negligence which is a specialized field in the law. A medical negligence attorney or medical negligence lawyer should be board certified as a specialist in civil trials to be able to effectively pursue a medical negligence or hospital negligence claim. The attorney fee should be a contingency fee.
Q: What is a contingency fee? A contingency fee is an arrangement in which the attorney prosecuting a medical negligence claim or hospital negligence claim does not receive a fee unless there is a recovery for the client. If there is a recovery then the attorney’s office is paid a percentage of the recovery.
Q: What is the usual percentage of a medical negligence recovery paid to an attorney’s office in a medical negligence or hospital negligence case? The usual fee is 1/3 in the event of a settlement and 40% in the event of a trial.
Q: What should I do if I think I may have a medical negligence claim? Before a claim for medical negligence can be filed, a lawyer and a doctor must certify that the claim is valid. Our staff of attorneys and physicians will be happy to help you investigate whether your claim is valid at no cost to you. So, if you think that you may have a medical negligence claim, you should contact our office.
Q: What determines whether my claim is valid? If a health care provider such as a physician or nurse violated a basic safety rule and the violation caused you injury, then the medical negligence claim is valid.
Q: How do I know if there was a violation of a safety rule? Our staff of attorneys and physicians will review your case to determine if there was a violation of a safety rule. This investigation is at no cost to you.
Q: Is the investigation conducted by Ogle Law Offices into my medical negligence claim confidential? Yes, the information developed by the investigation is confidential.
Q: If the investigation shows that the medical negligence claim is valid, am I obligated to pursue the claim? No, you always have the personal choice of pursuing the medical negligence claim or not.
Q: How long do I have in which to file a medical negligence claim? In Florida, you have two (2) years from the date of the incident or two (2) years from the date that the incident was discovered or should have been discovered with the exercise of due care, whichever is greater, but in no event more than four (4) years from the date of the incident. This is called the statute of limitations. The statute of limitations can be very technical. If you think you have a claim for medical negligence, contact Ogle Law Offices for a no charge consultation to find out if when the statute of limitations will expire in your case.
Q: If I have a valid claim for medical negligence, what are the reasons for filing the claim? It is estimated by the Harvard School of Medicine that more people die in America each year from preventable medical malpractice than from violent crime and only a very small percentage of these medical negligence claims are actually filed. Filing a medical negligence claim is a courageous act which helps to prevent other persons from being injured by medical negligence in the future by providing an incentive to health care providers to adopt and follow medical safety rules.
Q: Doesn’t the medical community discipline doctors and hospitals? Studies show that violation of medical and hospital safety rules is very rarely disciplined except when individuals file medical negligence and hospital negligence claims. The legal system depends on individuals to file medical negligence and hospital negligence claims.
Q: How much is my claim worth? Every claim is different and subject to many variables. If you believe that you have a potential claim for medical negligence, please contact Ogle Law Offices for a no charge evaluation of your claim.