Sinclair Law Offices

KIP SINCLAIR | MEDICAL MALPRACTICE | PERSONAL INJURY ATTORNEY PORT ST LUCIE

Charles “Kip” Sinclair

Medical Malpractice Lawyers Port St Lucie, Personal Injury Attorney near me, Coronavirus attorney, serving the Treasure Coast, Fort Pierce, Indiantown, St Lucie County, PSL, FL

SINCLAIR LAW OFFICES- Medical Malpractice Lawyer

Medical malpractice attorney Kip Sinclair has been representing victims of hospital and medical malpractice on the Treasure Coast, Port St. Lucie, Fort PierceIndiantown, St. Lucie CountyPalm Beach CountyMartin County, 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 of experience in successfully representing victims of a hospital, medical and nursing malpractice, and their families, Charles (Kip) Sinclair pursues justice aggressively for his clients.

I had to go through a very upsetting situation unlike anything I’d ever imagine, and i was so lost, confused and very emotional from day 1. Mr. Sinclair and his amazing staff were beyond comforting, EXTREMELY patient with my crazy mood swings and constant calls and emails with questions!! They never made me feel like I was a bother to them and always responded in a timely manner. I’m not sure how they put up with me but they did with a calm tone and smile! Luana had to help me through many tears when Mr. Sinclair wasn’t available and I thank her so much for that!! I would never wish anyone to have to go through a bad experience like myself and many others, but if you do I wouldn’t go to anyone but Mr. Sinclair!! After an emotional roller coaster Mr. Sinclair was able to help me in a way I never expected and taught me so much along the way!! I will be forever grateful of him and Luana!! Thank you both again for everything!! All my love and gratitude!

woman-testimony

Nursing Home Injury Attorney/Lawyer

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.

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.

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.

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.

Medical malpractice victims

MY TREASURE COAST CLIENTS

My Treasure Coast clients are people who have been seriously and permanently injured by medical/hospital errors; who have had family members die at the hands of incompetent doctors or nurses; whose elderly loved ones have been abused and mistreated by uncaring nursing home staff. Many cannot even leave their houses because of their injuries. Sometimes their computer is their only contact with the outside world. These are my people!

Sinclair Law Offices Medical Malpractice
This FREE e-book, will help the victims of medical malpractice understand and navigate through the legal process. This guide was written by Kip Sinclair based on his many decades of experience dealing with medical malpractice cases. Fill the form below to get your FREE ebook!

Frequently Asked Medical Malpractice Questions

Some firms have their paralegals do telephone intakes of possible clients and use paralegals extensively in working up a case. You don’t want a firm like that. You need to know an experienced malpractice lawyer will be handling your case from start to finish, like Sinclair Law Offices. That way, you build that important client-attorney relationship, which is vital to succeeding in a case. You need to know that when you call with a question, it will be answered by the attorney and not a paralegal.
Doctor and hospital insurance companies rarely talk about settling your case until you’re “on the courthouse steps,” going to trial. You want an attorney who can go the distance.
How many times do you want to relate your “story”? Sometimes, you’ll end up telling everything to a paralegal or someone at a firm that doesn’t handle medical malpractice cases, only to be told to call another lawyer to tell the same story again. Many firms advertise for medical malpractice cases, but then refer them to a specialty firm, like Sinclair Law Offices.
The answer should be “nothing unless we win your case.” Any other answer is unacceptable.
AV rating is the highest rating for legal ability and ethical standards.
Florida law provides nursing home residents with rights which must be protected by the nursing home facility. Among those, the right to receive adequate and appropriate health care and protection and support services, including social services, mental health services, recreational activities, and rehabilitation. Another important nursing home resident right is the right to be treated courteously, fairly and with the fullest measure of dignity and to be free from mental and physical abuse and physical and chemical restraints, except those restraints authorized in writing by a doctor for a limited period of time. Resident’s rights as outlined by Florida statute are required to be posted in every nursing home.
No. You will likely be told this will simplify any claims against the facility, but in effect, it protects the facility from having a jury render a verdict. It doesn’t save time, it doesn’t save money and it makes things more difficult for a full recovery. You do not have to sign an arbitration agreement for your loved one to be admitted to a nursing home.
It varies. In Florida, due to laws which do not require nursing home operators to carry very much insurance, many times these cases can be resolved prior to filing suit, which would be only a matter of months. Sometimes, families are asked to sign Arbitration Agreements which take away their rights to a trial. Arbitration can still take up to 2 years, and as can a case that is filed in court.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Sinclair Law Offices Medical Malpractice

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The Covid-19 Pandemic is Upon Us. Here are two free forms that will help you and your family:

Covid-19 can strike without warning and may put the victim in the hospital or even on a respirator, unable to make their health-care decisions themselves. Everyone should have a living will, which is a form to indicate what your health care decisions are should you become incapacitated and unable to make your wishes known to your family or doctors.

You should also designate someone to be your health care surrogate–someone to make your healthcare decisions for you if you cannot health care decisions are should you become incapacitated and unable to make your wishes known to your family or doctors.

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