As patients, we put a lot of trust in health care professionals to find out what’s wrong and do what’s necessary to make us better and, for the most part, they do a wonderful job.
But when a health care provider acts negligently, it’s called medical malpractice, and it can cause serious injury or death of a patient.
Medical malpractice covers many different areas including:
- Improper or delayed diagnosis
- Improper care
- Negligence in performing surgery
- Medication errors
- Failure to obtain a patient’s informed consent
- Abandonment of a patient
- Birth injuries
The legislature has adopted many special rules that create hurdles that must be overcome when seeking justice for Florida medical malpractice victims.
Consumer & Attorney Medical Malpractice Challenges in Florida
Medical malpractice is a very complicated area of law and presents challenging medical and legal issues. As you can understand, investigating medical malpractice cases takes time. And, there is a statute of limitations – in other words, a specific time period set by the law – for medical malpractice claims. In Florida, depending on the situation, the statute of limitations can be as short as two years from the date of the malpractice. Once the statute of limitations has expired, even the most negligent health care provider can escape liability.
Important Medical Malpractice Information
For more information on Medical Malpractice, please watch this video.
Wayne Hogan explains medical malpractice and what the statute of limitations means for consumers.
Medical Malpractice Statute of Limitations
You don’t have forever to file a medical malpractice lawsuit. You only have two years from the date of the injury to take action.
The Florida Bar explains this in greater detail:
“The strict procedural requirements in the Florida Comprehensive Medical Malpractice Reform Act (“the act”) reflects a legislative determination to curtail frivolous claims, promote settlement, and reduce the high cost of medical malpractice insurance. To this end, the two-year statute of limitations serves as a potential bar to causes of action by claimants of medical malpractice.”
Two years sounds like a long time, but it goes by quickly when you’re dealing with a serious setback as a result of negligent medical care.
The sooner you consult with a Florida medical malpractice attorney, the sooner you’ll feel confident in your ability to obtain compensation for your damages.
How to Manage the Challenges of Medical Malpractice
While you hope that your medical team provides care based on medical standards and the best procedures, mistakes can and do happen. And if you’re the victim of the mistake, you must understand how to manage your new circumstances.
Here’s what you should do:
- Ask the appropriate medical professional what went wrong: For example, if a surgeon operated on the wrong side of your body, ask for clarifying information as to how it happened.
- Get a second opinion: It’s safe to say that you’ve lost all confidence in your medical team. This should lead you to seek a second opinion. Not only does this help you better manage your health, but it allows you to consult with a professional who can help you understand what went wrong.
- Collect evidence: The more evidence you collect, the more your attorney will have to work with. Also, the sooner you collect evidence the easier it is to get your hands on it. You don’t have to worry about something of importance “going missing.”
As you’re focused on the above, keep this in mind: you still need to manage your health to the best of your ability. Even if you’re in a position to take legal action, it doesn’t mean you should let your health suffer. All the money in the world can’t buy you good health.
This is why it’s critical to get a second opinion. You need to find a doctor who you can trust to implement a treatment and recovery strategy that suits your injuries.
Medical Malpractice Frequently Asked Questions (FAQs)
There’s no shortage of questions associated with a medical malpractice case, with these among the most common:
- What are the most common causes of medical malpractice?
- What’s the best thing to do if you suspect medical malpractice?
- Can you take action for medical malpractice if two years have passed since the incident?
- What are the elements of medical malpractice?
- Can you manage a medical malpractice case on your own or should you consult with a legal professional?
What To Do If You Suspect Medical Malpractice
So, if you or a loved one suffer what you believe is medical malpractice, you will want to consult with a Jacksonville medical malpractice attorney who has the background and experience to take on the investigation and prosecution of these types of cases.
Do not delay if you suspect medical malpractice. Contact us online or via phone at (888) 244-5557 to take the first steps to protect your legal rights.
