How to Sue for Medical Mistakes in Florida
When undergoing a medical procedure, you take a leap of faith by putting your trust in a competent professional. When it goes wrong, the consequences can be disastrous.
Fortunately, a medical malpractice lawsuit can help you amend the damages you’ve suffered at the hands of a negligent medical professional. Florida’s laws and statutes govern this process. There are some considerations you must keep in mind when filing a personal injury lawsuit for medical mistakes in Florida.
Grounds for Medical Malpractice in Florida
The first thing you must do if you are going to sue for a medical mistake in Florida is understand how the facts of your case will prove negligence. Medical malpractice lawsuits, regardless of where they originate, must satisfy some basic criterion if they are going to be successful:
- There is a clear doctor-patient relationship. You must be able to demonstrate that the at-fault medical professional had a duty of care to you as their patient.
- The doctor acted negligently. Being unhappy with the results of a procedure doesn’t amount to negligence. You must be able to prove that another doctor, acting reasonably, would have done things differently to prevent a negative outcome.
- Your injury was caused by the doctor’s negligence. There exists a direct correlation between the doctor’s negligence and your injury.
- The injury led to concrete damages. You are able to readily identify the damages you suffered as a result of the medical mistake.
Proving medical malpractice is complicated and requires expert testimony to determine the relationship between your injuries and the doctor’s incompetence. This is why most plaintiffs chose to work with a medical malpractice lawyer, whose experience and connections can allow the victim to proceed with their lawsuit.
Specific Pre-suit Considerations for a Medical Mistake in Florida
The state of Florida follows special procedures for medical malpractice lawsuits, and sometimes victims are unable to proceed with their cases when failing to follow them.
A good example of this is the requirement to send a notice of your intent to sue to the healthcare provider. This document must be accompanied by a sworn statement from a medical professional attesting to the validity of your claim.
Another non-starter for medical malpractice suits is the state’s statute of limitations. This rule dictates that your Florida medical mistake lawsuit must be brought within two years of discovering your injury. Alternatively, the hard deadline is four years from the date of the medical malpractice.
Any lawsuit filed after the deadline will be thrown out, so most victims elect to start the claim’s process as soon as possible.
Why It’s Important to Hire an Attorney for Medical Malpractice Cases
After serving your intent to sue the healthcare provider responsible for your damages, a ninety-day period begins, in which the provider’s insurance company will decide if they wish to settle out of court or take your case to trial.
This stage is crucial, and insurance adjusters will do all they can to limit the amount of damages they should pay for your injury, emotional distress, and other considerations. An experienced medical malpractice attorney will have the know-how to take on the insurance companies, as well as handle other obstacles, such as Florida’s cap on damages related to emotional anguish.
Partner with a Florida Medical Malpractice Lawyer
When it comes to the injuries you suffered from a medical mistake, why let an insurance company decide the value of your damages? The Law Offices of Casey D. Shomo knows how to represent Floridians’ interests in medical malpractice suits. They can fight for your rights too.
Ready to speak with an attorney from our firm? Call 561-659-6366 to set up a no-obligation consultation, or enter your information on the form to get started today.