In Tallahassee, medical malpractice covers a range of things. If you have been treated negligently by a mental health professional, prescribed incorrect medicine, given the improper dosage, or had a surgery go wrong, you may be able to claim compensation under medical malpractice laws.

Tallahassee is the capital of the state of Florida and is home to more than 180,000 people. Tallahassee is known for being a fantastic college town and is home to a number of prestigious university locations. It also has a range of great attractions such as top-tier museums and art galleries, the St. Marks National Wildlife Refuge, and Alfred B. Maclay State Gardens.

In Florida, medical malpractice is defined as a breach of the standard of care given to all patients, as defined by healthcare professionals in similar positions. Factors that impact the standard of care includes age and medical condition.

What to do if You Suspect Medical Malpractice

If you or a loved one is impacted by medical malpractice, you can claim compensation for things like additional medical expenses and mental anguish. The laws in Florida can how much you can win due to non-economic factors, which are things like pain and suffering. The cap in Florida is currently 1 million dollars.

• Read more about Premises Liability

There is also a restriction on how much you can claim in punitive damages in Florida. Punitive damages are paid by the parties who have been found to be in the wrong. This means that punitive damages will only be a part of cases where healthcare professionals can be proven to have caused significant harm with intent.

In Florida, the other major restriction on medical malpractice cases is the statute of limitations. This is the amount of time that eh patient could have reasonably been expected to know about their injury, to when they begin legal proceedings. This limitation period is 2 years.

Statute of Limitations

Additionally, Florida further limits medical malpractice claims, and this limit is known as the statute of response. This limitation states that healthcare providers cannot be sued for medical malpractice if the incident occurs more than four years ago unless the circumstances were extenuating. The victim of malpractice must therefore realize that the malpractice has occurred within 2 years, and will not be able to file a lawsuit after that time has passed.

• Read more about wrongful death in Tallahassee

There are, in some circumstances, exceptions to the statute of response. If the case involves fraud, concealment, or any form of misrepresentation by the medical provider then the victim may still be able to file a lawsuit. In cases like this, it is highly advisable to speak to a lawyer to discuss the case’s details.

How Long Does a Medical Malpractice Case Take?

In Florida, medical malpractice cases can take a long time to get resolved, which can be influenced by a huge number of factors. These cases require medical knowledge as well as legal knowledge to understand the case fully. You likely won’t deal directly with the healthcare provider, and instead, deal with the Florida malpractice insurance carrier. This I part of the reason why these cases can take so long to resolve.

Attorney Amber Hall is a qualified medical malpractice attorney from Tallahassee who will help you claim the compensation you deserve from your medical malpractice case. Get in touch with us today to discuss your case.

Proper Use of Car Seats Is Important To Stay Unharmed During Accidents

If you are a parent with an infant or a toddler, this is for you.

Jenna Rabberman, a mother to two children shared a photo on Facebook in 2017. It showed a wrecked car which clearly had a horrible accident. Luckily, Jenna’s sons (two and a half years old, Beckett, and six weeks old Brooks) survived the accident. In fact, they came out ‘completely unharmed’ and it was all because they were tucked in car seats.

Jenna’s story was shared 100,000 times and she might have saved just as many lives. Nothing emphasizes the importance of car seats with your child more than this story does.

Alisa Baer, or ‘The Car Seat Lady’ as she is called, told us she often sees children safe and sound after a road accident, just because they were tucked in properly in their car seats. Baer further told us that The Car Seat Lady advocacy group successfully set up about 45,000 in more than 30 years of its work.

“Car seats are very useful when used,” Baer said, “but even more useful when installed properly.”

If we think about it, car seats are a simple enough step we can take to ensure our children’s safety. Rabberman said that she may be a hassle-free parent sometimes but not when it comes to the safety of children. She said that a thing being as simple and safe as a car seat should not be passed over. Else, we might end up feeling sorry just because we thought the seat wasn’t important enough.

With this being said, let’s take a look at the things that are often ignored when it comes to our child’s safety in the car seat.

Turning too soon

Sometimes parents think their child is big enough to turn from rear face to front face or from a booster seat or a harness belt to a seat belt alone.

Not using a tether strap

The forward-facing car seats are equipped with a tether strap, and in the United States, these car seats can be secured with the strap to three places. Baer told us that this tether is essential since it prevents head injuries which are usually common by minimizing head movement of the child.

All buckled up

You need to make sure that everyone, child or adult is safe in the car. Let’s say there is a crash and someone in the car was not wearing the safety belt. That person could be the one to cause severe injuries to others as well as getting injured himself given that unbelted people are three times more likely to die in a crash than belted people.

Snugness

One more thing Baer said was that the seat should be tucked in properly and the child even more tucked in the seat. After all, it’s better to be safe than sorry.
As a last note, Rabberman did suffer from minor injuries and it will be some time before she is relaxed in a car again. But the lesson she taught us all was totally worth it.

Call AMBER HALL LAW

If you or someone you know have been the victim of an accident, contact Tallahassee personal injury attorney Amber Hall at (850) 701-8850.

You may be familiar with the process of filing a claim for vehicle damage after a small fender bender. But what if you were injured resulting in mounting medical bills and lost wages? It is vital that you seek the guidance of an experienced Tallahassee personal injury attorney to protect your rights. Amber Hall is just that person.

Immediately Following a Road Accident

Contact the police to file a report after an accident. Depending on the severity of the accident, you may be required to report the traffic crash.

Complete thorough photo documentation of the accident. This includes taking pictures of your vehicle and other vehicles involved in the accident. While at the scene, take photos of any visible personal injuries as well. Additionally, obtain names and phone numbers of witnesses. Do NOT post photos or details of the accident on social media.

Seek medical attention following the accident. Doctors can begin the necessary treatment and provide documentation that may later be requested by your insurance provider. Continue to monitor and document symptoms.

Benefits of Hiring an Attorney

Specific Florida laws and regulations can complicate the process of seeking insurance benefits following a car crash. This is especially true in cases of server injuries or death. Insurance companies have a team of attorneys and you need one on your side as well. In the case where the victim does not have legal status in the country, your best bet is to seek the counsel of an experienced immigration attorney.

AMBER HALL LAW can assist with your insurance claim by obtaining accident reports, investigating the scene, consulting of expert witnesses, and even speaking directly with your insurance company on your behalf. Furthermore, an attorney can help you fight any initially denied claims.

No-Fault State

Unlike neighboring states, being more than 50% at fault for a car wreck does not mean your insurance covers the entire incident.

Florida law requires that every motorist carry a minimum of $10,000 Personal Injury Protection (PIP) coverage. PIP is designed to cover medical bills and lost wages for the driver as a result of a vehicular accident. In the case of an injury accident, each driver submits claims to their own insurance provider. PIP benefits must be exhausted before the other party can seek additional compensation.

Typically, PIP coverage only pays 80% of medical bills and 60% of lost wages. Additionally, your insurance deductible will be withheld from the benefits paid to you.

Exceptions to the “no-fault” law include if a person suffers permanent injury, as defined in Florida statute (627.737(2)) or is injury exceeds the $10,000 PIP coverage.

Florida Statute of Limitations

Car accident injury: Victims of a road traffic accident (RTA), including passengers or pedestrians have four years from the date of the accident to file a lawsuit.

Wrongful death lawsuit: Claims for wrongful death must be submitted within two years of the date of death caused by a vehicular accident.

Uninsured Motorist (UM) Coverage

Under F.S. 95.11(2)(b) Florida victims have five years to file a claim for UM. It is worth noting, that the statute of limitations for UM benefits is based on the state where the claim was issued, not the state of the accident. For example, if your car insurance is based on your primary residence of Minnesota, but you winter in Florida, the UM coverage and benefits are based on Minnesota law.

NOTE: The time to file a property damage claim with an insurance company differs from the statute of limitations to bring a lawsuit

Contact an Auto-Injury Attorney

If you in the Tallahassee area and have been injured in a personal injury collision (PIC), you should contact a personal injury attorney as soon as possible. Contact AMBER HALL LAW today for a free consultation.