• 7,000 deaths occur each year due to medication errors in hospitals
• 12,000 deaths occur each year due to unnecessary surgery
• 20,000 deaths occur each year due to other hospital errors
• 80,000 deaths occur each year due to hospital related infections
• 106,000 deaths occur each year due to adverse effects of prescribed medications

Applying these statistics to the CDC rankings shows that death by medical error is the third leading cause of death in our country – just above cerebrovascular disease. In order to keep this ranking in perspective, keep in mind that a significant percentage of deaths related to medical error are not included as many are not reported. On a state level, more people in Florida die from medical malpractice each year than from auto accidents.

What is medical malpractice? Medical malpractice is governed by Florida Statutes Chapter 766. Medical malpractice occurs when a medical provider deviates from the standard of care. In other words, when a health care provider either fails to act reasonably or does something that a reasonable health care provider would not do which results in injury or death. Common Florida medical malpractice cases include, but are not limited to: failure to diagnose, failure to provide timely treatment, misdiagnosis, surgical errors, anesthesia errors, nursing errors, and medication errors.

Pursuing a medical malpractice claim can be costly and the path is full of potential pitfalls. At Lesser, Lesser, Landy & Smith, PLLC, we have both the experience as well as the financial resources necessary to fight hospitals and major insurance companies. If you are your loved one has been a victim of medical malpractice, let us help you pursue the justice you deserve.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.

As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.

Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.

If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.

You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.

Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.