- What constitutes medical malpractice.
- The types of damages you can recover in a Florida malpractice suit.
- How much time you have to file your claim.
What Is Medical Malpractice?
Medical malpractice in Florida refers to care that falls below the generally accepted standard of care. The key term here is “standard of care,” which means that every patient in similar circumstances should be treated in the same way.
The standard of care does not vary from patient to patient or depend on whether you have health insurance. It is the level of medical treatment that all individuals with the same medical complaint should receive.
How Do I Know If I Have A Medical Malpractice Case?
It is difficult to know whether you have a medical malpractice case or not without talking to an attorney. An attorney will have the background to be able to tell you fairly quickly if you have a valid medical malpractice case or not.
Sometimes, your attorney will need to do some medical research or obtain your medical records before deciding that you have a case. In that light, a good attorney will not be afraid to openly discuss any concerns or questions they have with you.
If they feel your case has merit, your attorney will likely ask you to sign a contingency fee agreement (no fees or costs unless money is recovered), and they will begin to handle and invest in your case.
What Evidence Is Needed To Prove Medical Malpractice?
To prove medical malpractice, you will need to prove that the medical care you received was substandard or not generally acceptable to the profession. You will also need to prove the damages, injuries, or pain and suffering you’ve endured were caused by that substandard medical care.
This is generally done with medical records from hospitals and doctors’ visits, and the exact specifics will vary from case to case.
If you suspect medical malpractice, be sure to get in touch with a personal injury attorney as soon as you can. No matter how weak or strong you may feel your case is, a practiced personal injury attorney can review your case and shed light on your options, rights, and prospects.
What Types Of Damages Can I Recover In A Medical Malpractice Claim?
If successful, you can recover…
- Past and future medical expenses
- Pain and suffering
- Disability and disfigurement
- Wage loss
- Loss of capacity to earn money
- Loss of capacity for the enjoyment of life
- Loss of marital consortium with a spouse
Some of these damages are economic, while others are punitive. The extent, impact, and severity of your injury will also have an impact on both of these types of damages.
It’s also important to note that, in Florida wrongful death cases, there must usually be a “survivor” under the Wrongful Death statute in order to collect damages.
How Long Do I Have To File A Medical Malpractice Claim In Florida?
The statute of limitations in a Florida medical malpractice case is generally two years. There are some exceptions for minors, and there is a statute of repose that goes beyond the general two-year statute of limitations.
Sometimes, determining the statute of limitations in Florida can be complicated. For this reason, it’s best to consult with a medical malpractice lawyer as soon as you suspect an injury or complication due to substandard care.
How Do You Approach Cases That Seem “Hopeless” To Get A Favorable Outcome?
It’s easy to think that a medical malpractice case is hopeless in Florida. I handle numerous medical malpractice consultations every year, sometimes multiple times a day. Despite the unfortunate outcomes in many cases, not all are winnable. However, a good attorney will know a winning medical malpractice case when they see it.
Most medical malpractice cases start off appearing “hopeless” due to the severity of the injury required for a winnable case. Many of my successful cases began with clients who felt lost and unsure of what to do next. Rather than give up, these clients turned their situations around after consulting with me.
One particular case that comes to mind involved a client who had spoken to several attorneys who all rejected her case. When she came to me, I saw potential where others did not. Through thorough investigation, gathering critical evidence, and leveraging expert testimonies, we built a strong case.
Ultimately, we were able to secure a favorable outcome, recovering significant compensation for the client. This case is a testament to the importance of perseverance and the value of a fresh perspective.
Even if you have already consulted with other attorneys who were not supportive of your case, I am happy to offer a consultation. I have recovered millions of dollars on cases where other attorneys had previously rejected the claim.
For more information on Understanding Medical Malpractice In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.