How to File a Medical Malpractice Claim in Florida
Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include doctors, hospitals, HMO’s, nurses, chiropractors, and therapists – fails to provide a given standard of care, resulting in injury or death.
Florida medical malpractice laws include strict time limits and steps to follow in order to pursue a claim. Before you can file a medical malpractice lawsuit, for example, you must participate in a pre-suit investigation.
The steps for filing a medical malpractice claim include:
- Obtain an affidavit from a doctor confirming that your injury or condition is a result of medical malpractice. Our skilled attorneys can connect you with a medical specialist who has the level of experience needed to provide this detailed medical opinion.
- Send a notice of intent to sue to any parties that should be held liable in your medical malpractice claim. Our attorneys will also include the affidavit from the doctor in this notice to show proof of your claim.
- The defendant(s) will solicit a separate doctor’s opinion and launch an investigation into your claim. Health care providers and their insurers will immediately deploy their aggressive team of attorneys to try to disprove your claim.
- Both sides will collect evidence, such as medical records and other relevant documents. Our attorneys will build a solid case in pursuit of the full and fair compensation you deserve.
- The defendant(s) will have 90 days to decide how to respond. The pre-suit investigation could end in a medical malpractice settlement offer, or the health care provider could deny responsibility.
- Once the pre-suit investigation is concluded, you may file a medical malpractice lawsuit. Our experienced medical malpractice attorneys will go over all of your legal options to help you decide how to move forward in pursuit of the justice you deserve.
The process for filing a medical malpractice claim in Florida is extremely complex, and you can be sure that health care providers and insurance companies will enlist a large team of lawyers to fight these claims. You deserve a strong advocate who will stand up for your rights against deep-pocketed health care providers.
Schedule a free case consultation with our skilled medical malpractice attorney, and let us get to work on your claim. Contact us today to get started.
How Long Do You Have to File a Medical Malpractice Lawsuit in Florida?
The time limit for filing a medical malpractice lawsuit in Florida varies depending on the circumstances of your case. In general:
You have two years from the time you learned of (or should have discovered) the injury or condition to file a claim. However, the law places a time limit of four years from the date of the actual malpractice.
If the health care provider tried to hide the malpractice, the time limit for filing a claim is extended to two years from when you discovered the injury. But even in these cases, the law places an overall limit of seven years from the date of the malpractice.
In cases of medical malpractice involving children, there are exceptions for claims brought before the child’s eighth birthday.
As soon as you suspect that you or someone in your family has been the victim of medical malpractice, you should contact an attorney who has extensive experience in these types of cases. At Rosen & Ohr, we will work quickly to schedule a free claim evaluation. Contact us today to learn how we may be able to help you.
Who Can Be Held Responsible for Medical Malpractice?
Medical malpractice claims can be made against any person or entity that Florida law deems a “health care provider.” This includes:
- Osteopathic physicians
- Ambulatory surgical centers
- Emergency rooms
In any health care environment, you may receive treatment from a range of professionals. So it is important to pin down exactly what went wrong in your treatment and who should be held responsible. Our skilled legal team will conduct a thorough investigation into your claim to identify every potentially liable party.
Types of Compensation We May Pursue in a Medical Malpractice Claim
For anyone who has been harmed by medical negligence, it can seem impossible to put a dollar figure on the psychological and emotional pain and suffering you and your family have been put through. At Rosen & Ohr, our experienced medical malpractice lawyers in Hollywood, Florida, understand that no amount of money can turn back the clock, but we believe you deserve full and fair compensation to try to get your life back on track.
Depending on the circumstances of your case, we may demand:
- Payment for medical bills related to injuries that resulted from the malpractice
- Compensation for physical and emotional pain and suffering
- Payment to account for disfigurement and disability
- Lost wages, including diminished earning capacity if you can no longer do the work you used to do
In some cases, our medical malpractice attorneys may also pursue damages on behalf of spouses, children, and parents to account for the loss of love, care, affection, and companionship.
In Florida, under some situations, the law puts a cap on how much a victim of medical malpractice can recover in non-economic damages. That’s why you need a highly qualified medical malpractice lawyer on your side to thoroughly assess how this injury has affected and will continue to affect your life.
Schedule a free case evaluation today by calling or filling out our online form.
Common Types of Medical Malpractice
Although there are numerous types of malpractice claims, here are some of the most common cases our law firm handles:
- Medication errors
- Failure to diagnose
- Anesthesia errors
- Birth injuries such as cerebral hypoxia
- Cancer misdiagnosis
- Misdiagnosed heart problems
- Emergency room errors
- Gastric bypass surgery problems
- Eye surgery errors
- Orthopedic injuries or surgical errors
- Pharmaceutical errors
- Radiology mistakes (such as misinterpreting X-rays or MRI results)
- Wrongful death
At Rosen & Ohr, P.A., we believe doctors should be held accountable for these kinds of terrible mistakes, and our goal is to determine as quickly as possible whether you have an actionable claim.
Do I Need a Lawyer to Sue for Medical Malpractice?
Yes. Medical malpractice cases are very complex and difficult to pursue. A medical malpractice attorney will obtain all the proper documentation – proper medical records, laboratory results, pathological reports, and all other reports resulting from testing. An experienced medical malpractice attorney will then review your case with expert witnesses to determine the best outcome for your case. Contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area.
What Are the Medical Malpractice Statute of Limitations?
The statutes of limitations vary between state and case. If you feel you have been the victim of medical malpractice, contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area, to determine the statutes of limitations directly associated with your state and case.
What Is Informed Consent?
Informed consent is an individual’s agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision.
How Do I Know If I Have a Medical Malpractice Case?
Determining whether a health care provider may be liable for medical malpractice requires both legal and medical evaluations. You should consult with a qualified attorney if you suspect you have been the victim of medical malpractice so that the attorney can thoroughly and properly evaluate the legal and medical issues involved in your particular situation. If you need a medical malpractice attorney, contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area.
Is It Medical Malpractice If I Don't Get My Desired Outcome?
In most cases, no. If the desired outcome had nothing to do with the doctor’s skill of care exercised, then the likelihood of medical malpractice is very slim.
What Damages Can Be Recovered From a Medical Malpractice Lawsuit?
- Medical expenses for treating the injuries caused by the malpractice
- Damages for pain and suffering
- Disfigurement and disability damages
- Lost wages
- In appropriate circumstances, the law permits damages to be recovered by spouses, children, and parents of negligently injured people for the loss of the love, care, affection, companionship, and other pleasures of the family relationship that are lost due to malpractice.
Advocating for Patients Who Were Harmed by Those Who Were Supposed to Help
When you entrust your health to a medical professional or health care facility, you expect to receive a certain standard of care. However, negligence on the part of a doctor, hospital, or other health care provider can turn what should have been a relatively safe procedure into a nightmare for patients and their families.
From a patient’s standpoint, a medical malpractice case can look pretty cut and dry. However, Florida’s medical malpractice laws are extremely complicated, and health care providers shield themselves with armies of attorneys to avoid being held responsible for patient injuries or deaths. At Rosen & Ohr, P.A., our knowledgeable and compassionate medical malpractice law firm in Hollywood, Florida, has spent more than five decades advocating for patients who have been harmed by those who should have been helping them.