Frequently Asked Questions (FAQs)

MEDICAL MALPRACTICE

1. How much will it cost to review or discuss a possible medical malpractice case?

There is no charge to review or discuss the facts and circumstances surrounding a potential medical malpractice claim.

2. How much time do I have to file a medical malpractice claim?

A medical malpractice claim must be filed within a limited time frame. The facts of each case often need to be evaluated to determine whether there is available time to pursue a claim or whether various time limitations prevent any future claim. Therefore, it is advisable to contact an attorney as soon as possible to discuss a potential claim.

3. What do I have to prove to prevail in a medical malpractice claim?

The Plaintiff (the injured person or their legal representative) must prove that a health care provider delivered unreasonable care AND that the unreasonable care directly caused an injury to the Plaintiff.

4. How do I know whether the care provided to me was reasonable or unreasonable?

Witnesses with medical education, training and expertise are ultimately required to determine whether the care delivered was reasonable or unreasonable. However, the unusual facts or suspicious circumstances of a particular event may justifiably cause a patient without any medical training to question the reasonableness of their care.

5. Do you practice medicine and law?

Dr. Barszcz practices only law and exclusively devotes his practice to the representation of individuals who have been injured due to the negligence of another.

6. Do you represent doctors or hospitals?

Dr. Barszcz represents patients who have been injured and does not represent any health care providers or hospitals.

7. Do you represent clients throughout the State of Florida?

Dr. Barszcz is admitted to practice in all Florida State Courts and represents clients throughout the State of Florida.

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PERSONAL INJURY

1. How much will it cost to review or discuss a possible personal injury case?

There is no charge to review or discuss the facts and circumstances surrounding a potential personal injury claim.

2. How much time do I have to file a personal injury claim?

A personal injury claim must be filed within a limited time frame. The facts of each case often need to be evaluated to determine whether there is available time to pursue a claim or whether various time limitations prevent any future claim. Therefore, it is advisable to contact an attorney as soon as possible to discuss a potential claim.

3. What do I have to prove to prevail in a personal injury claim?

The Plaintiff (the injured person or their legal representative) must prove that the negligence of another person or entity has directly caused an injury to the Plaintiff.

4. How do I know whether someone was negligent?

Negligence is defined as the failure to use reasonable care. The facts surrounding an incident are important in evaluating whether an individual or entity was negligent. The determination of negligence is sometimes obvious or may require extensive evaluation and expert witness testimony.

5. Do you practice medicine and law?

Dr. Barszcz practices only law and exclusively devotes his practice to the representation of individuals who have been injured due to the negligence of another.

6. Do you represent insurance companies?

Dr. Barszcz represents individuals who have been injured and does not represent any insurance companies, health care providers or hospitals. His experience as a former insurance defense attorney provides valuable insight into the analysis and evaluation of cases.

7. Do you represent clients throughout the State of Florida?

Dr. Barszcz is admitted to practice in all Florida State Courts and represents clients throughout the State of Florida.

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NURSING HOME NEGLIGENCE

1. How much will it cost to review or discuss a possible nursing home case?

There is no charge to review or discuss the facts and circumstances surrounding a potential nursing home claim.

2. How much time do I have to file a nursing home negligence claim?

A nursing home negligence claim must be filed within a limited time frame. The facts of each case often need to be evaluated to determine whether there is available time to pursue a claim or whether various time limitations prevent any future claim. Therefore, it is advisable to contact an attorney as soon as possible to discuss a potential claim.

3. What do I have to prove to prevail in a nursing home negligence claim?

The Plaintiff (the nursing home resident or their legal representative) must prove that the care provided to the resident was unreasonable and directly caused an injury to the resident. Additionally, the Florida Legislature has specifically outlined a list of residents' rights that must be afforded to a nursing home resident. A Plaintiff may recover for injury caused by a violation of these resident's rights.

4. What are the most common violations of a resident's rights encountered in nursing home negligence claims?

The most common violations encountered in nursing home negligence claims involve the failure to provide a resident with adequate and appropriate health care, the failure to provide protective and support services, and the failure to treat the resident courteously, fairly and with the fullest measure of dignity. 5

. How can I determine if a nursing home resident's rights have been violated?

A nursing home resident or family member may suspect negligence or a violation of resident's rights if there has been an unexplained death, injury, bedsores, dehydration, malnutrition, or elopement (unsupervised departure) from the facility.

6. Do you represent nursing homes?

Dr. Barszcz represents nursing home residents who have been injured and does not represent any nursing homes.

7. Do you represent clients throughout the State of Florida?

Dr. Barszcz is admitted to practice in all Florida State Courts and represents clients throughout the State of Florida.

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