Stuck with medical malpractice in Florida? Miami medical malpractice attorney
We are here for you. We understand the pain you are experiencing and would love to help you understand your legal rights under medical malpractice laws. Contact a Miami medical malpractice attorney today and schedule your initial case evaluation.
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Stuck with medical malpractice in Florida?

Miami medical malpractice attorney
By : admin Filed Under : Medical malpractice

There are a couple of things you need to take a look at before filing your medical malpractice claim in Florida. The sunshine state has laws and deadlines that need to be met just like every other state. If you become a victim of medical malpractice in South Florida and you believe you have a valid claim, make sure you hire an experienced Miami medical malpractice attorney.

Statutes of limitations

In the state of Florida, the lawsuit for medical malpractice starts two years after you have discovered the injury or up to four years after the malpractice took place. If you sue the healthcare provider after four years, you may not have a case. There is one exception though if a healthcare provider was concealing their malpractice and deliberately defrauding you. If this is your case, the statute of limitations will be two years from the time your injury was discovered and up to seven years after the malpractice occurred. These laws don’t apply to minors with cases that started before their eighth birthday.

What constitutes a medical malpractice?

Medical malpractice is when a patient is injured due to a medical professional’s negligence. You will need to first prove a few elements throughout your medical malpractice lawsuit:

  • Communication with your medical provider – In order to sue your doctor, you have to first prove you had hired your physician and he or she had agreed to work with you. You can only sue medical practitioners if the error took place during the time you employed them.
  • Duty of care and breach of duty – Medical professionals are required to follow established standards. If they violate their duty of care, they are considered negligent and a target of legal action.
  • Causation – Victims of medical malpractice have to prove the medical practitioner’s negligent actions were the direct cause of their injuries.
  • Damages – In order to receive compensation for your losses, the injuries must have caused non-economic and economic damages such as lost income, medical bills, loss of earning capacity, etc.

Most common medical malpractice damages

You can receive compensation for damages caused by a medical professional’s negligence. Some of the most common malpractice damages include:

  • Medical costs – This category includes medical bills such as doctor visits, hospital stays, prescribed medicine, ongoing therapy and other future expenses.
  • Lost income – Some victims of malpractice need to take time off work to recover from the injuries caused by the medical error. They can seek compensation for lost wages while recovering.
  • Earning capacity – It’s possible that a medical malpractice victim will not be able to perform certain tasks that he or she used to perform at work. Consequently, the earning capacity will be less. In these type of cases, they may also qualify for compensation.
  • Pain and suffering – People experience pain in a variety of ways, including mental suffering. Depression, emotional distress, and feelings of frustration are very typical in this type of scenario.

Seek legal representation in Miami

We are here for you. We understand the pain you are experiencing and would love to help you understand your legal rights under medical malpractice laws. Contact a Miami medical malpractice attorney today and schedule your initial case evaluation.

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