Medical malpractice is the third most common cause of death in the United States. Other than cancer and heart disease, nothing kills more Americans each year than the negligence of medical professionals.
Nevertheless, medical malpractice lawsuits are difficult for patients to win. The Florida legislature has created many laws to protect Florida doctors that make it challenging for victims of medical malpractice to obtain fair financial compensation for injuries caused by medical professionals. Generally, malpractice claims are governed by Chapter 766 of the Florida Statutes – Medical Malpractice and Related Matters. Chapter 766 has a handful of stipulations related to filing a malpractice suit. For example, before initiating the pre-suit process against a medical care provider, the patient must obtain an affidavit from a physician of the same specialty confirming, under oath, that the medical care provider committed medical malpractice. Following a 90-day pre-suit period, the parties may either agree to proceed to an arbitration based on damages only, subject to monetary caps on damages, or the parties may proceed to litigation. It is important that you and your attorney discuss the pros and cons of offering or accepting an offer of arbitration in your medical malpractice case.
The statute of limitations for medical malpractice suits is two years from the date that the victim knew, or should have known, that he or she was the victim of malpractice. If you were a victim of medical malpractice it is important that you consult with an attorney immediately. If the statute of limitations expires on your case, your case will be barred forever. In addition to the statute of limitations, malpractice cases are subject to a four-year statute of repose. This means that, in the absence of fraud or concealment by a medical care provider, a victim must bring a case no later than four years from the date of the malpractice regardless of when the patient discovered that they sustained injury or damages because of a negligent medical professional.
If you are concerned about the doctors that are treating you, you can look up the doctor’s medical license and credentials at the Florida Department of Health. You can also check to see whether your doctor has been named in prior medical malpractice cases in the past at the Florida Department of Financial Services.
Contact the Flanagan Personal Injury and Wrongful Death Law Firm at (888) 216-8699 today to request your free case evaluation.