Florida Supreme Court Draws The Line On Medical Malpractice Cases.

One aspect of an attorney’s profession that is often overlooked is the challenge in deciding when to bring case, and what kind of case to bring. The facts of the situation might not always allow for a case to be neatly placed in one category of lawsuit, such as a products liability suit or an assault and battery lawsuit. Lawyers need to research the law and decide how the facts might fit in with a particular definition, or how cases with similar circumstances have been treated. If you are considering commencing any type of personal injury-related case, it would be wise to contact an expert personal injury attorney at 617-787-3700.

Stemming from a case in which a deaf and mentally ill child had suffered injuries at the hands of the staff at her school, the Supreme Court of Florida attempted to draw the line between medical malpractice cases, and cases involving ordinary negligence. Cinette Parry, the injured child, was reportedly being restrained by medical staff when she was severely injured. Attorneys representing Cinette elected to bring a negligence lawsuit, while those representing the medical staff argued that it was actually a medical malpractice lawsuit.

The Supreme Court of Florida sided with Cinette. Part of the importance of making this decision, according to the opinion written by the Court, is that medical malpractice suits involve expensive expert witnesses and complex pre-trial proceedings. The Court thus reasoned that such cases should be limited to those directly involving medical care or services, not merely the presence of medical personnel.

If you or a loved one has been injured as the result of the negligence of a medical professional, you may be entitled to significant monetary relief. Act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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