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PORT ST. LUCIE MEDICAL MALPRACTICE ATTORNEY

Representing victims of hospital and medical malpractice and their families on the Treasure Coast, St. Lucie, Martin, Indian River, Okeechobee Counties and throughout the state of Florida. Choosing a medical malpractice or personal injury attorney should be a careful decision. With more than 30 years experience in successfully representing victims of hospital, medical and nursing malpractice and their families, Charles (Kip) Sinclair pursues justice aggressively for his clients.

NURSING HOME ELDERLY ABUSE ATTORNEY

Nursing homes and assisted living facilities are licensed and regulated by the State. You would think that they would give professional level care to your loved ones. That doesn’t always happen. Some have very low limits of liability insurance and hide behind that to cut back on services, care and supplies, thus increasing the profits for the owners. Whether it be pressure sores, falls, malnutrition, abuse or death, Sinclair Law Offices, with it’s nationally recognized team of medical and nursing experts, can make the nursing homes accountable for the harms they cause. Mr. Sinclair always handles each case personally, from beginning through trial, and makes himself accessible to his clients in their time of need.

HOW MUCH CAN I RECOVER FOR PAIN AND SUFFERING?

The trial judge will instruct the jury that there is no exact standard for measuring these damages other than it should be fair and just in light of the evidence.  The items to be considered in evaluating the amount a case is worth include pain from the injuries, any disability or physical impairment, any disfigurement, mental anguish and the loss of the capacity to enjoy life both in the past and in the future.

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WHAT OTHER DAMAGES ARE RECOVERABLE?

In addition to pain, suffering, and disability, the reasonable expense of hospitalization and medical and nursing care and treatment in the past and in the future is also recoverable.  Additionally, any lost earnings lost time off work and lost earning capacity for the future are also elements of damages to be recovered.

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HOW LONG DOES A MALPRACTICE CASE TAKE?

From beginning to the conclusion of a malpractice case, a rough estimate would be 18 months.  Some cases are settled relatively quickly and others take much longer. Each case is different.

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HOW MUCH DOES IT COST TO HIRE A MEDICAL MALPRACTICE ATTORNEY?

Nothing.  The initial consultation either by phone or in person is always free.  If you have a case, you do not have to pay anything until the case is successfully concluded.  If you win, attorney’s fees and costs are paid out of the settlement. If you do not win, or if it is determined that you do not have a case, you do not owe the malpractice attorney anything.  Any costs advanced by the attorney are paid by the attorney and if you do not have a case, or if your case isn’t successful, you would not be responsible for anything.

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HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE LAWSUIT?

The Florida Statute of Limitations for medical malpractice cases is 2 years from the date you knew or should have known that there was something wrong.  Any action must be brought on or before that time. It is important to note that you do not have to know exactly what the malpractice was, only that there was something wrong that alerted you to a problem.  That’s when the statute of limitations starts running.

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HOW MUCH DOES A LAWYER GET OUT OF SETTLEMENT?

If the case is settled before suit is filed, the attorney gets 1/3 of the settlement as his fees, plus any costs he has expanded.  Once the lawsuit is filed in court, the attorney’s fees go to 40% of the recovery and it stays at that level through trial.

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HOW DO I GET TO TALK TO A MEDICAL MALPRACTICE ATTORNEY ABOUT MY POSSIBLE CASE?

Simple.  Call the office.  You want to be able to talk directly to the malpractice attorney himself or herself and not to a nurse or paralegal about your case.  The attorney is the one who has the best information to advise you as to whether there is a case or not.

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DO I HAVE TO PROVE MY MEDICAL MALPRACTICE CASE BEYOND AND TO THE EXCLUSION TO EVERY REASONABLE DOUBT?

No.  That’s the standard for criminal cases, not for medical malpractice cases.  In a medical malpractice case, you must only prove your case to a jury by a greater and more convincing weight of the evidence.

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WHAT ARE MY CHANCES IN A MEDICAL MALPRACTICE TRIAL?

Juries like doctors and hospitals.  That being said, most malpractice cases settle prior to trial.  Once a malpractice case gets to trial in front of a jury, the statistics show that the chances of winning are only 20%.  However, every case is different and every jury is different, so the statistics don’t always mean much.

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I HAD A DOCTOR/HOSPITAL ALMOST KILL ME BY DOING SOMETHING WRONG. FORTUNATELY I AM FINE NOW, BUT DO I HAVE A CASE?

No.  There won’t be a case unless they cause permanent, disabling injuries to you as a result of their negligence.  It’s like a truck running a stop sign in front of you but not hitting you. They were negligent, but you can’t sue them because they didn’t hit you.

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WHAT IS THE WRONGFUL DEATH ACT?

Florida has a law called the Wrongful Death Act which greatly restricts who can sue for the death of a loved one due to medical or hospital negligence.  If a loved one dies as a result of medical negligence, the only persons who are able to bring a lawsuit would be the surviving husband or wife or surviving children under the age of 25.  They are known as survivors under the Wrongful Death Act. Anyone else would not qualify as a survivor under the Wrongful Death Act and would not be able to bring a lawsuit.

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WHAT IS THE DIFFERENCE BETWEEN MEDICAL MALPRACTICE AND NEGLIGENCE?

There is no difference.  The two are interchangeable.  Negligence/medical malpractice is defined as the failure to use reasonable care.  Reasonable care on the part of a doctor, hospital or healthcare provider is that level of care, skill, and treatment, which, in light of all circumstances, is acceptable and appropriate by similar and reasonably careful physicians, hospitals or healthcare providers.  The law defines medical negligence as doing something that a reasonably careful physician, hospital or healthcare provider would not do under similar circumstances, or failing to do something that a reasonably careful doctor, hospital or healthcare provider would do under similar circumstances.

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HOW DO I CHOOSE A MALPRACTICE LAWYER?

Medical malpractice is a very specialized area, and many lawyers who actually advertise for medical malpractice cases do not actually handle those cases themselves.  Try to select a lawyer who specializes in this area. A medical malpractice lawyer is the one who is experienced in this area, who knows the ins and outs of this law and who has a stable of highly qualified medical experts to assist in bringing the case.

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DO I HAVE A MEDICAL MALPRACTICE CASE?

Medical malpractice lawyers hire medical experts from the top teaching hospitals from around the county to review cases and often spend upwards of $75,000 to $100,000 or more in costs alone in bringing a malpractice case.  Therefore, if the injuries from alleged medical negligence are minor or not permanent and disabling, it would normally be something that the lawyer would end up spending more in costs than the client would hope to recover at the end of the day.  Therefore, any alleged medical malpractice resulting in death or serious permanent injury should be reviewed by a medical malpractice lawyer. If the malpractice results in a minor injury, it’s probably not going to be a case.

Many times the malpractice attorney can give you a preliminary opinion on whether he thinks there is a case or not, but in Florida, in order to begin a medical malpractice case, the medical records have to be reviewed by a medical expert of the same specialty as the potential defendant, and the reviewing doctor must sign an affidavit giving his opinion that there was medical malpractice which caused the injury.

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Stuart- The founding of Martin County had much to do with its surrounding waters such as the countless creeks, the South and North Forks of the Saint Lucie River, the Indian River and the Atlantic Ocean. The pioneers and the inhabitants of the area largely depended on the water and the benefits it brought to the area. A gentleman named Homer Hines Stewart, Jr bought a substantial amount of property and built his bungalow North of the St. Lucie River. He gave part of his land away to put a Depot on it and so his surname was used for the railway stop when the train station came there from Palm Beach. At the time, there was no bridge that crossed the river.

The life of the Pioneers changed dramatically after the railway came to the area. The Railway meant that there was reliable transportation that helped to ship pineapples and fish to other areas. Tourists were able to travel there and for many, their social life revolved around the mail being brought by the train. At first, the tourists were mostly outdoorsmen who wanted to fish and hunt. A man named John Danforth used his houseboat as a floating Hotel. Later he built the Danforth Hotel. Later on, the Stewart house, which began as a post office and store combination, was later transformed into a hotel. Witham Field Was built in the area for the purposes of training Navy pilots during World War II. It was a full 35 square miles and after the Coast Guard added facilities it was riddled with Lookout Towers.

Some of the servicemen would meet local ladies and marry them. After they returned from the war they permanently moved to the area to be with their wives. Once the war was finished, part of that area was turned into Dickinson State Park. The area promoted itself as being the World Capital of Sailfish. Stuart published fishing guides in The Daily News in the mid-1930s. The guides were distributed by the Chamber of Commerce and it managed to attract thousands of tourist. The editor of the Stuart news wrote most of the text and the guides were full of ads paid for by local businesses. Mr. Lyons was an environmentalist and an avid Sportsman and he instilled in the local residents the idea they should help preserve nature and to enjoy it.

SURGICAL INJURY OR DEATH

Surgical injury or death may be as a recognized complication, or it may be due to medical malpractice. Our experts can find out for you.

NEWBORN
BIRTH INJURY

Malpractice occurring during or just after birth of a baby can result in a lifetime of heartache and care, and such injuries should be investigated.

GIVE YOUR DOCTOR A CHECKUP

Find out your doctor’s educational background, credentials, board certification and prior claims.

BRAIN DAMAGE OR DEATH

This can happen from a head injury, a bleed, a stroke or lack of oxygen to the brain, and can possibly be from medical malpractice.

SLIP AND FALL
INJURIES

Most falls in nursing homes or assisted living facilities can be prevented with proper safety measures and the proper attention of the intitution’s staff.

FREE LIVING WILL

Be the Captain of your own medical decisions. You can prevent arguments among family members. Make decisions easy for your family. Ensure doctors follow your wishes.

WRONGFUL
DEATH

This is outrageous, five times as many Americans die every year from hospital/doctor mistakes than die from auto accidents.

NURSING HOME ELDERLY ABUSE

Unexplained injuries, bruises and other related injuries may be the result of nursing home abuse. These injuries are a felony under Florida law.

If dogs don't go to heaven when they die, when I die, I want to go where they go.

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