Florida medical malpractice lawyer, Guy S. DiMartino, explains the 3 things that you must know when calling an attorney because a loved one died from medical malpractice.
Florida medical malpractice law can be complex. If somebody passes away because of alleged medical malpractice, the case is not only governed by the medical malpractice law but it is also governed by the wrongful death law. When you are calling around to medical malpractice attorneys' offices to inquire about a wrongful death case, there are three things that you should know. If you do not know these things on the phone, the person who is screening the phone call may disregard the call, even if though you may have a valid case.
1. The names of the potential defendants
Attorneys have a duty to screen potential cases to make sure they do not have a conflict of interest. Before the attorney's office will ask you about the specific facts of the case, they will probably ask you the name or names of the doctors or hospital who treated your loved one. It is important to have this information for conflict of interest purposes.
2. What happened to cause your loved one's death?
They attorney's office is not expecting you to know the ins and outs of the claim. However, they would like to know what you believe happened. Many times, a simple explanation like my husband went into the hospital with indigestion, they didn't do much and released him, and the next day he passed away at home is sufficient.
3. Who are your loved one's survivors?
The Florida wrongful death law regarding medical malpractice is very strict. Under the law, there are certain folks who are entitled to receive compensation. If no one meets the criteria, a medical malpractice case cannot go forward. The attorney is going to want to know if there is a surviving spouse or any children under the age of 25. If there is no surviving spouse or any children under the age of 25, there is no legal right to pursue a Florida medical malpractice wrongful death claim.
If you have any questions about a Leesburg Florida medical malpractice claim, you can always call me directly on my cell at (352) 267-9168 or fill out the internet consultation form on the right hand side of the screen.