Medical malpractice in Florida occurs when you or someone close to you is the victim of a medical professional’s negligence or error that results in an otherwise avoidable complication. Medical malpractice is governed by Florida statutes and can be very challenging to win. As soon as you discover there may be a malpractice injury or injury resulting in death, it’s important to consult with an experienced malpractice attorney as soon as possible.
There is a two year statue of limitation for medical malpractice. The statute states that:
(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
Unfortunately, medical malpractice occurs in every area of the healthcare sector. Injuries to both mothers and babies are sustained during birth. Diagnoses can be inaccurate and prescriptions can be incorrect. Surgeries and follow-up care can make a bad problem even worse. Doctors, nurses, and hospitals can all be liable for malpractice that severely disrupts your health and quality of life
The standard of care is defined as: that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. This means that the level of care fell below this standard after reviewing all facts and evidence. This is a complex and often lengthy process. It involves medical experts, detailed medical records, involvement with malpractice insurance carriers. Knowledgeable medical malpractice attorneys are experts at helping you understand how to move through this process.
These malpractice cases can be difficult. The burden of proof is on the patient regarding issues of negligence and causation. Not only does negligence need to be proved, but also that the negligence caused the injury to the patient.
Navigating the wildly complex sea of a medical malpractice case can be intimidating, daunting, and nerve-wracking, but the experienced personal injury attorneys of Hunter Law understand that the primary focus is on your health. We support our clients with decades of experience and compassion to make getting the compensation you deserve as easy as possible.