Assignment: Medical Malpractice Act

Assignment: Medical Malpractice Act

In 2006, a Virginia high court held that a brutal assault on a disabled patient is governed by tort law and not by the state’s Medical Malpractice Act. In this assignment, you will analyze this case and identify the scope of medical malpractice and tort law.

The Case

Alcoy was 79 years old when she suffered a stroke that left her physically helpless and mentally damaged. She was moved to a nursing home. Four days later, she was brutally assaulted sexually; the assailant was never identified. Alcoy died several months later. Her estate administrator sued the nursing home for negligence and assault. The nursing home responded that the case was governed by the state’s Medical Malpractice Act, and that Act controlled the extent of the nursing home’s liability. The district court held in favor of the nursing home; the administrator appealed. Virginia high court held that the case is governed by tort law and not by the state’s Medical Malpractice Act (Alcoy v. Valley Nursing Homes, 2006).

Reference:

Alcoy v. Valley Nursing Homes, Inc., 272 S. E.2d 301 (Sup. Ct., Va. 2006).

Analyze the scenario and respond to the following questions:

Why did the state change the case from medical malpractice to tort law?

Do you agree with the state’s decision? Why or why not?

Compile your analysis in a 3-to-5-page Word document.

Medical Malpractice Assignments – How To Protect Your Rights

One of the most basic aspects of any Florida medical malpractice lawsuit is the Assignment Of Benefits. A court will determine if a Florida medical malpractice attorney’s assignment of benefits agreement has been properly drafted. Here is what to expect when a medical malpractice case is assigned to an attorney.

The Assignment Of Benefits is a part of Florida medical malpractice lawsuits that will be a huge factor in determining how much Florida medical malpractice lawsuit compensation you are entitled to receive. For all medical malpractice lawyers, it is important to keep this document in good standing. In order to keep up with the many changes that may occur in the laws surrounding Florida medical malpractice, it is important for all Florida medical malpractice attorneys to always keep up with these changes as well.

Each year, there are hundreds of different types of agreements created by Florida medical malpractice attorneys and the Florida bar. Many times, these legal agreements can be very confusing, especially for patients who have never seen one before.

At times, the assignments for medical malpractice are confusing because they do not follow the same format. Each lawyer in the state will have different protocols when it comes to assigning legal fees. The  document will vary from one medical malpractice attorney to another.

While some may use language similar to this: “We agree to mediate all fees related to the assignment of benefits with respect to all Florida medical malpractice cases in which we are litigating.” Other states may simply state the amount that each side pays. It is important for lawyers to keep up with these changes, particularly in Florida.

If a Florida medical malpractice attorney agrees to a process that was not intended, it is possible that the assignment of benefits could be thrown out. This is true especially if the terms arenot completely understood by the attorneys. It is not worth the risk for attorneys to sign an assignment of benefits agreement that does not make sense.

Some Florida medical malpractice lawyers are hesitant to assign their fee negotiation rights, since this has become very popular in the past few years. Many attorneys feel that assigning a percentage of fees to a client is contrary to their philosophy of providing quality service. If a medical malpractice attorney does not assign any portion of their fee, he or she is in violation of Florida state law.

For a patient, the biggest concern with the Assignment Of Benefits (AOB) will be its impact on the costs of their medical malpractice lawsuit. Not only is this a complex document to understand, but it is also extremely important for Florida medical malpractice attorneys to be able to assign legal fees that they are responsible for. If a lawyer does not agree to the assigned fee payments, they will likely lose their case and will be required to pay the other side legal fees.

As a patient, it is vitally important that you keep up with the Assignment Of Benefits form that you received in your medical malpractice lawsuit. Since so many legal forms change each year, it is important for your legal team to know the terms of their current assignments. To ensure that your Florida medical malpractice attorney understands the assignments, make sure that they complete the form completely and accurately.

It will be important for your attorney to complete the document correctly. If they do not agree with what is written, they will have to forfeit the entire lawsuit and be held accountable for their legal fees. On the other hand, if they find something that is not correct, they will have to modify their Assignment Of Benefits form accordingly and get the other side paid for the errors.

At the end of the day, it’s worth it to spend a little time understanding your assignment before agreeing to it. Most of the time, once you understand the basic concept behind the documents, the form will make a lot more sense.

For all Florida medical malpractice lawsuits, it is important for both the patient and the legal team to be fully aware of what is involved. Even though this may seem like a complicated aspect of a medical malpractice case, it is in fact a very simple part of Florida law.