Tuesday, May 10, 2011

Hiring A Medical Malpractice Attorney Orlando

By Josie Stokes


If a loved one is a victim of health care negligence speak with a medical malpractice attorney Orlando in fact speak with several lawyers. It is important to seek legal advice if medical negligence is suspected as soon as possible because the plaintiff's medical condition can worsen. It is important to bring an action for negligence before other factors affect the plaintiff's health which makes proving proximate cause more difficult.

In order for negligence to be proven the plaintiff must show beyond a preponderance of fact that the defendant's act or failure to act was the direct and proximate cause of the plaintiff's condition. It is relatively easy to prove whether or not an act or failure to act was a direct cause of the plaintiff's condition. If the harm resulted as a direct result of an act or failure to act on the part of the defendant direct causation can be established.

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.

Proximate cause are issues which lawyers fight and argue over which is why it is important to hire the best lawyer possible one who has a winning track record. In most urban areas there is no shortage of lawyers to choose from. But do not hire a lawyer simply because of his slick television commercial but rather hire a lawyer who demonstrates professionalism, caring, and commitment.

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 fights for the rights of his client. Health care related negligence causes unnecessary suffering and in some cases health care negligence can be the basis for a wrongful death lawsuit. Interview many lawyers before choosing and choose the lawyer with ample experience and a history of successes.

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