There is currently a Medical Marijuana Ballot Initiative in Florida collecting signatures on a petition to support a constitutional amendment that gives patients the right to grow, obtain, purchase and possess medical marijuana under a doctor's supervision. For more information or to download the petition see www.PUFMM.com
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Personal injuries occur every day, in a wide range of situations, from vehicle accidents to injuries sustained playing sports, to a simple tripping in the street. These injuries can be upsetting and expensive, involving costs such as hospital and doctors fees, but more importantly they often involve a compromising of the patient's usual quality of life. This important factor is taken into consideration when making personal injury settlements with the help of Florida Attorneys, helping you to bear any costs you might encounter in getting back to normal. The main causes for which the personal injuries may happen are:-
Vehicle accidents -
One of the most common cause of injuries which happens as an outcome of a vehicle mishap; includes cars, motorcycles, trucks, buses, boats among others. These accidents attribute to the affliction of the drivers, passengers and even pedestrians. In the state of Florida the Florida Accident lawyers have the full expertise to precede with the litigation of accidents related injuries.
Slip and fall -
These instances may greatly happen in establishments such as malls, offices, schools and even hospitals to name some.
Medical malpractice -
Medical practitioners such as physicians, dentists, nurses, midwifes and other individuals who bestow us medical attention have the responsibility of ensuring our health. But due to some neglectful acts, they tend to detach from the accepted standards of performing their jobs. As a result, their patient's health conditions even worsen or sometimes even cause fatalities.
When faced with a problem that you think it needs legal attention, you may wish to consult with a Florida Malpractice lawyer about the legal rights and responsibilities as soon as possible. Many states of US along with Florida have deadlines for filing lawsuits especially for personal injuries. These so called "statute of limitations" laws are designed to encourage people to promptly come forward and present their case.
It is best to contact an injury lawyer as soon after the occurrence of the accident or negligence as possible - this will help protect the rights, and get moving quickly on establishing what exactly your rights and entitlements are. Like any area of the law, personal injury can be confusing to the lay person, so it is best to contact an experienced Florida personal injury lawyer before you proceed any further with the matter, so that you can fully understand the best course of action. There are also some time constraints involved in certain personal injury situations, so time is of the essence.
As the majority of injury-causing accidents are linked to negligence, it is much necessary to exercise our daily activities with much care and cautiousness to keep away from injuries which may cause us a great deal of suffering and hardships.
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No Holds Barred: An interview with a Fort Lauderdale Attorney about Medical Malpractice
Did he ever score a win? He smiled, with the knowing smile of Mona Lisa. Medical Malpractice cases have seen days in court and most of the victims have been rewarded relief, however no amount of financial reward can ever compensate for the loss of a future, atop an operating table.
Joshua, 19, lost not just a limb, but a life-long career; Daniel, the chance to see his son’s smile again.Medical malpractice cases have gripped the headlines in the past years; most recently, a plaintiff who was a promising football player, went to see a surgeon for his chronic back pain. When he woke up he can no longer play, nor walk ever again. $11.7 million was huge payback, when an Atlanta Circuit Court Judge ruled in his favor, but to be confined in a wheelchair for life was never a happy bargain. Nevertheless, Joshua was thankful that he now has money to bankroll a future, whatever is left of it, for him.
How difficult it is to win, or lose in a medical malpractice case?
A Fort Lauderdale Attorney, who has built an expertise on medical malpractice, came forth with some answers to most frequently-asked questions:
Q: What qualifies an act as a medical malpractice
A: When a negligent act, which causes injury to a patient receiving medical care is caused by a medical professional, such as a doctor, nurse, therapist, hospital technician, hospital worker, dentist or by anybody else in similar category, there is medical malpractice.For more details about medical malpractice, Fort Lauderdale Lawyers have the expertise.
Q: Is every negligent act committed by a medical practitioner, a medical malpractice A: For a negligent act to be considered a medical malpractice, three (3) requisites must concur:
1.) the medical professional has a duty to provide medical care to someone
2.) the negligent act caused the breach of duty
3.) an injury directly resulted from such breach. Fort Lauderdale Attorneys encourage those harmed by a medical malpractice to seek immediate legal intervention; filing of the case has specific time period, which varies from state to state.
Q: What is “standard care”?
A: “Standard care” is the yardstick used to determine if the negligent act committed by a medical professional is actionable or not. The negligent act should be established as a willful deviation from “standard care” that a prudent and reasonable medical professional would give to patients in his care, under similar circumstances.
Q: Define a “patient”?
A patient is one who receives medical attention, or under medical care.
Q: What is the first step that a plaintiff should undertake when filing legal action for medical malpractice?
A: Through his counsel, the plaintiff should file a “Certificate of Merit”. This is a document, which describes that before a medical malpractice case is pursued in court by the plaintiff, all his relevant records and information about the case underwent close scrutiny and evaluation by a medical expert; when evidence purports merit to file an action in court, lawyer for the plaintiff should file first a “certificate of merit”. Florida Malpractice Lawyers [http://www.booneanddavis.com/areas.php] explain that “Certificate of Merit” is a pre-requisite to filing a medical malpractice case in court.
Q: Is there a prescribed period for filing a medical malpractice case?
A: When in Florida, Florida Injury Lawyers take on medical malpractice cases with sense of urgency. More than the financial reward that they could win in favor of their client, they also believe that a speedy dispensation of justice, appease the tragedy that falls upon every victim of medical malpractice. You should talk to your lawyer immediately, detailing to him relevant information regarding your association with the defendant before, during and after the incident. Specific periods for filing, varies from state to state.
Q: In a nose job, if the patient does not get the “ perfect” nose she wanted, can it give rise to a medical malpractice case?
A: No. For a medical malpractice case to prosper in court, there should be a deviation or breach of duty to render standard care upon the patient, and such breach caused an injury to the patient. A less-than-perfect nose job does not merit an actionable negligent act.
Q: Doctors make their patients sign a “consent form” before they perform a clinical procedure. In the event of medical malpractice, does the consent form affect the outcome of the legal action?
A : No, it does not prevent the aggrieved party from seeking relief for damages, provided the requisites for a medical malpractice case are met.
Q: Is medical malpractice a “winnable” case?
Again, that knowing smile.
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The job of health care providers is somewhat different from other professionals. They need to take care of thousands of lives; hence health care industry involves trustworthiness and a sense of responsibility more than any other sector.
Individuals engaged in health care industry need to remember their duties all the time. People come to physicians for treatment and expect proper care. Unfortunately, some physicians, dentists, nurses, hospital authorities and medical clinics forget what they are supposed to do. The careless act can bring about bigger health problems, or even death, in an innocent person.
Such reckless behaviors of health care providers fall under medical malpractice section of law. Medical malpractice is punishable and the guilty person or organization must compensate the victims for all their damages.
There are certain standards and norms health care providers should adhere to. Negligence to obey the rules is always punishable by law. People come to health care providers for treatment and they expect standard service. On contrast, if they are provided with improper care and low-graded service that worsens the conditions, they have all the right to sue the liable entities.
Victims can take help from local personal injury lawyers or medical malpractice attorneys. Florida medical malpractice victims should consult Florida lawyers to know the merits of their case.
Most of the states in U.S. have introduced certain laws to protect consumers' interest. The laws guide the victims on how to handle medical malpractice cases. Medical malpractice lawyers can also help victims get justice.
Medical malpractice laws vary by states. Some states require the victims to learn and understand the way court of law works and the related laws too. On the other hand, just a bit of understanding about the law is considered acceptable in the other states.
The process of assessing damage also differs from state to state. In some states a special panel is appointed to investigate the case, where in the other states, they put a cap on the compensation amount. That is why dealing with state lawyer is important. Florida attorneys have better knowledge of Florida medical malpractice laws.
The usability of the changes made by Federal Government and recently passed medical malpractice laws is a debatable issue. Many have questioned its merits for both public and health care providers. However, strict laws are likely to oblige health care providers function carefully; now that would really help patients receive better health care and proper medical attention. Top of that, the standard of entire health care industry is expected to rise high.
However, people associated with health care industry hold a different opinion altogether. Most of them are not satisfied with the medical malpractice law. They think the medical malpractice laws are not doing any good for them and retracting them from practicing their noble profession. They have even commented that such unfair law would keep people away from pursuing careers in health care industry and suspected a shortfall of physicians, dentists, nurses and other health workers in the coming days.
Nothing is perfect in this world; everything has advantages and pitfalls and legislature is not an exception. However, the drawbacks and limitations, if any, should be removed while future modifications and a flawless system should come up eventually.
The interest of medical malpractice victims should always be protected by law. No one should sacrifice his life because of someone else's fault or negligence. And if such event happens, the victims should have the right to claim and receive compensation.
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I live in Florida and I was in a car accident last year, and my case was handled by an attorney per my spouse advise. Before the case went to trial I chose not to pursue it. Unfortunately, there were still attorney fees, so the monies offered by the at fault party was used to cover those expenses, leaving me with a VERY small settlement.
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 18 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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Before you can get your final quote and actually sign your policy, you must have a medical exam. The purpose of this exam is obvious. First, they want to verify the information you provided on your application and second, they want to know if you have any medical condition which you may not be aware of. This medical exam will directly influence your insurability and the final costs of your premiums.
In most cases, the insurance company will pay for the medical exam and will choose which paramedical will conduct the exam. In some cases, no medical exam may be necessary. This usually is the case for young people and/or policies with small coverage amounts. In most cases you can expect to be contacted by a paramedic to schedule your life insurance medical exam.
Interestingly enough, the more coverage you are requesting and the type of policy you are seeking, the more extensive your medical exam will be. Physical exam, urine specimen, blood work, EKG and x-ray are common in the medical exam. You can also expect to be tested for HIV, high cholesterol, liver or kidney disorders, diabetes, hepatitis and immune disorders, as well as drug use, and smoking.
After your exam, the results will be sent to the insurance company for review. This is why giving the most accurate information on your application is important. If they find discrepancies between your application and the results of the exam they can deny you coverage or request a second exam.
If you are declined coverage based on your medical exam, it is your right to be sent a copy of that medical exam for review by you or your doctor. If you believe that the test results are wrong, don't hesitate to contact your insurance company and request a second medical exam.
Once the insurance company reviews your medical exam results and approve you, they will calculate your premiums based on all the information, conditions, provisions, health risk, etc specified and send you your final policy quote for review and acceptance.
Try to be very accurate on your policy application. It can be very difficult to fool the life insurance medical exam and sometimes an insurance company will completely deny you coverage based on your inaccuracies, even though they may have covered you if you had been more accurate, at a higher premium of course.
An example of this came to us from a fellow in Miami, Florida. He stated on his application that he was a non smoker. And for the most part this was true. He did not consider the 3 to 4 cigarettes per week he smoked to qualify him and categorize him as a smoker. Once the exam was completed, it showed that he indeed was a smoker. The insurance company declined to process his application any further. He discontinued smoking for some time and applied to another insurance company where he was accepted as a non smoker.
The insurance companies have all the power and reserve the right to not insure you for any reason they want. In the example above, this mans family may find later, at the time of his death, that the insurance company will refuse to pay out the death benefit because they will find out that he is a smoker, even if its only a few cigarettes per week. How will they find out you ask? Prior to paying out any benefits, regardless of the amount, the insurance company will require a copy of the medical records of the insured. If they determine that he was a smoker, even if he started later in life, they could deny his family the death benefit because he did not notify them of his change in medical status.
There are many cases of this. Remember, the insurance companies are looking for any reason whatsoever to not pay.
