Medical malpractice is an unfortunate and sometimes devastating part of the medical world. Malpractice can be seen in many forms like misdiagnosis, surgical errors, or premature discharge. Regardless, there is no doubt that medical malpractice can have horrible results that leave patients and their families overwhelmed, frustrated, and angry. However, how do you know if you can sue for medical malpractice?
In many cases of medical malpractice, the patient must have some sort of medical expert agree that the injury and damages were caused by the doctor’s negligence. The injured person must also have proof that the doctor, surgeon, etc. violated the standard of care. This is a level of care that all patients are expected to receive. A patient may only sue for medical malpractice in the state of Florida if the malpractice resulted in an injury with quantifiable damages. This means that the patient needs to be able to prove that the damages they are facing are an exact result from the doctor’s negligence. Examples of these significant damages may be a loss of income, disability, and major suffering.
A statute of limitations is a legal term that describes a deadline in which a case or claim can be filed against someone. These are usually enforced on a state level and tend to vary depending on the which state the lawsuit is filed. In Florida, the patient has two years from when the patient was treated to discover their injury, and recognize that it might have been caused by medical malpractice. The patient has a total of four years to obtain a response to their claim.
Discovering that you have been a victim of medical malpractice can be a stressful, painful, and frustrating time. If you want to move forward and learn more about filing a lawsuit against medical malpractice, Franco Law Firm will be there to help you along the way. For more information or to schedule a free consultation, please call us at (813) 872-0929.