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What is medical malpractice?

Posted on May 25, 2016

Medical malpractice occurs when a health care provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable […]

What kind of mistakes can result in medical malpractice?

They did not get clear permission before operating. They did make the correct diagnosis. They did not perform the operation properly. They did not anticipate a problem in which they should have.

How does a case result in medical malpractice?

In determining whether a medical practitioner made a mistake, the court will consider what reasonable, prudent medical practitioners would have done in the same situation. If the medical practitioners did not meet that standard, they could be found negligent.

What is the definition of a medication error?

A medication error is defined as “… any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems including: prescribing; order communication; […]

How does a jury determine if a doctor’s actions were within the standards of good medical practice?

A jury will consider testimony by experts–usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care. In deciding whether your heart surgeon was negligent, for example, a jury will rely on expert testimony to determine what a competent heart surgeon would […]

I signed a consent form before my doctor performed surgery. Do I still have a case?

It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full […]

What do I do if I think I have a medical malpractice claim?

Contact an experienced medical malpractice lawyer at the Haverman Law Firm. Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? […]

What if I’m just not satisfied with the results of my surgery?

Do I have a malpractice case? In general, there are no guarantees of medical results. You would have to show an injury or damages that resulted from the doctor’s deviation from the appropriate standard of care for your condition.

My doctor made a mistake and admitted it. Do I have a malpractice case?

An experienced medical malpractice attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor’s mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be yes. Damages may be recoverable for you under medical malpractice laws.

What should I do if I’m involved in a car accident?

See your doctor and document the entire situation by making daily notes of the effects of your injuries. Also report the accident to the DMV and never admit responsibility. Finally, contact an Haverman Law Firm attorney who can collect evidence regarding your case and prepare to defend you if you are determined to be at […]

Is it true that if I rear end a car that I’m at fault?

Almost always the answer is yes. The law says that you have to be able to stop safely if a car stops in front of you.

I didn’t go to the doctor right away and now I have pain.

You should always see a doctor after an accident even if you’re not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.

Do I need an attorney?

It is in your best interest to hire an attorney. Contact Haverman Law Firm today to discuss your case.

The other driver doesn’t have car insurance; how am I supposed to collect money from him now?

Often times a person’s personal assets will come into play in a case such as this. An attorney knows the law surrounding automobiles and insurance, and can advise you on your rights in this situation. Contact Haverman Law Firm today.

Will my insurance company pay for my medical bills while I wait to go to trial?

Often times, yes, to a certain amount and then they will get reimbursed once the case is complete.

How am I supposed to get back and forth while my car is in the shop?

Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered.

How much money can I expect to get in a settlement?

The award is directly related to the injuries incurred.

The other driver’s insurance company offered me money. I haven’t even hired an attorney, but I could really use the cash. Should I take it?

No. Tell the insurance company that you’ll get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you won’t sue them. Never take an insurance check without first consulting an attorney.

I can’t afford an attorney! What do I do?

Normally, in cases such as these, you don’t pay the attorney any money until, and if, you win your case. If you do win, they are likely to request 33% of the settlement.

How long does it take to get a divorce?

There are many factors that affect the time needed for a divorce. The most important factors are: Whether it is a contested divorce If you and your spouse agree on all issues, the typical divorce could be complete in as little as 3 months The amount of property and if there are children. More property […]

Do I need my own attorney?

You are not required to have an attorney for divorce, child custody, support enforcement, or any other type of court procedure. Florida law allows you to act as your own attorney.


This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Danny Haverman
561-393-0404

Holly Gayle Gershon
561-394-8858

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Boca Raton, FL 33432

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