If you believe you were a victim of medical malpractice, you have options. Medical malpractice is an under-recognized cause of death, when in fact, studies suggest medical malpractice may be the cause of up to 10% of all deaths in America.
How long do you have to file a medical malpractice claim in Florida?
In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of discovery; however, no action can be taken after four years from the date the medical malpractice took place. In rare cases, the statute of limitations can be longer.
For medical malpractice lawsuits, discovery refers to the act of obtaining the necessary initial information confirming medical malpractice took place. The process of acquiring this information varies depending on the severity of the error committed by the medical practitioner. For example, if a patient goes into a hospital needing a foot amputation and the wrong foot is amputated, the patient would become aware of the error upon waking up. In this example, the patient would have two years to file a claim from the date of the surgery.
Criteria for determining if medical malpractice took place
To prove medical malpractice took place, the patient must show evidence the medical practitioner acted in a negligent manner, and the medical practitioner’s negligence caused them harm.
Here are some general elements needed to build a strong case:
Proof of a violation of care – Medical practitioners are expected to abide by a standard of care. When evidence is present that demonstrates the medical practitioner failed to meet this expectation, then they may face a medical malpractice lawsuit.
Proof of injury caused by the negligence – In addition to proving a violation of the standard of care occurred, evidence showing an injury occurred to the patient as a result of the negligence is needed to establish a malpractice case.
Proof of significant damages by the injury – Another requirement to formally file a medical malpractice lawsuit is to provide proof the injury or damage resulting from the negligence is substantial.
Proof of doctor-patient relationship – Evidence is needed to demonstrate a doctor-patient relationship was established whereby the medical practitioner agreed to meet the terms of care.
What can you do if you or a loved one is a victim of medical malpractice?
The laws and regulations governing medical malpractice cases are complex. If you think you might be a victim of medical malpractice, speak to an experienced attorney and tell them what happened.
Our team of compassionate lawyers is ready to help you 24/7 and to take your case all the way to the finish line.
We will stand with you to build a strong case and provide you with forward momentum. You deserve justice, choose the legal team at Long, Jean & Wechsler, P.A. to represent you.
Call us at 954-597-6770