A medical malpractice attorney Orlando protects the rights of victims of health care negligence which is difficult to prove because both direct and proximate causation must be proven in order to establish a cause of action. Just as with all legal actions the lawsuit must be filed before the statue of limitations expires so it is important find an experienced lawyer as soon as possible so that the filing deadline is met. Choose a lawyer who has a passion for health care negligence cases and is willing to do all he can to win his client’s case.
It is rather simple to prove that a health care professional’s act or failure to act was a direct cause of the patient’s injury. There are however two types of causation that must be proved, the relatively easy to prove direct causation and the more difficult to establish proximate causation. If the patient suffered harm due to the defendant’s act or the defendant’s lack of action and harm resulted then direct causation exists but proximate causation does not exist simply because direct causation exists.
Proximate cause is not as simple to establish as is direct causation. Proximate causation addresses whether a particular result was foreseeable or in other words would a reasonable person expect a particular result if he acted or failed to act. For instance a patient might have developed pneumonia under his doctor’s care but the issue will center on whether the doctor could foresee that the patient would develop pneumonia based on the doctor’s decision not to administer certain vaccines.
In cities with large urban populations there are several malpractice lawyers to choose from but choosing the right lawyer is not as easy as picking the lawyer with the slickest TV ad. Lawyers who run big ads on television usually refer their cases to a team of lawyers who might only have minimal contact with their client. This is not necessarily a bad practice but most clients want a more personal relationship with their legal counselor.
There is no such thing as an easy, winnable lawsuit so avoid attorneys who promise an easy victory and a large settlement. Most attorneys are happy to offer initial free consultations where they will examine the facts of the case and give their informed opinion as to whether or not a cause of action exists. During the free consultation ask the attorney about his specific qualifications and his specific area of expertise.
Lawyers who are committed to their legal specialty belong to organizations, professional groups, and non profit groups related to their expertise. A health care negligence legal specialist should at least be a member of the personal injury section of the bar association. The attorney should be taking continuing legal education classes in personal injury law in order to stay current on all of the latest changes in the health care negligence field.
The medical malpractice attorney Orlando will fight for his client and will attempt to negotiate a settlement out of court or will be prepared to take the case to trial. In order for a negligence cause of action to exist direct and proximate causation must be demonstrated and it is the lawyer’s job to prove that a cause of action does exist. Hire the attorney who specializes in health care negligence and who has a winning track record.
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