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Medical malpractice law in Florence, United States, provides a mechanism for patients to receive compensation for harm resulting from negligent health care which fails to meet a recognized standard of care in the medical community. Cases may involve errors in diagnosis, treatment, aftercare, or health management. It can include wrong prescriptions, surgical errors, incorrect diagnosis, insufficient follow-up care, and much more.
Medical malpractice cases can be extremely complex and typically require expert testimony to prove negligence or a breach of professional duty by healthcare professionals. A lawyer trained and experienced in medical malpractice can help navigate these complexities, understand the medical and legal terminologies, gather and present necessary evidence, deal with insurance companies, file necessary paperwork within the statute of limitations, and represent you in court if necessary.
Like most US states, Florence operates under a "tort" system for malpractice claims which generally requires evidence of negligence and causation. There is a three-year statute of limitations for medical malpractice lawsuits. Also noteworthy is the "Comparative Negligence" rule where damages can be reduced if the patient is found to have contributed to their own injuries. An annual cap is put on non-economic damages but no cap exists on economic damages, such as medical expenses and lost wages.
You typically have three years from the date of injury or the date you should have reasonably discovered the injury, to file a lawsuit.
Key evidence can include medical records, testimony from healthcare professionals, expert reports indicating negligence, and proof of your physical, emotional, and financial harm.
No, many cases are settled out of court. However, if a fair agreement cannot be reached, going to trial may be the best option.
Most medical malpractice attorneys work on a contingency basis, meaning you only pay if you receive a settlement or win the case. The amount is usually a percentage of the settlement or judgment.
It depends on the specifics of each case, but the medical malpractice payout average in the United States was about $242,000 in recent years.
The American Bar Association (ABA) and the State Bar can provide more information and resources related to medical malpractice. Additionally, medical professional boards and local courthouses can provide records and other documentation to support your case.
If you believe you may have a case, the first step is to obtain legal advice. Look for an attorney who specializes in medical malpractice and schedule a consultation. During the consultation, the attorney will evaluate the merits of your case, possibly solicit an expert medical opinion, and provide advice on how to proceed. Remember to bring all relevant documentation and evidence to your consultation.
