FAQs
- What is the statute of limitations?
- How Long Do I Have to File My Medical Malpractice Lawsuit?
- More than one year has passed from my injury and I didn't know that my injury could have been prevented. Can I file a lawsuit now?
- Is misdiagnosis malpractice?
- Will I need an expert to prove malpractice has occurred?
What is the statute of limitations?
The "Statute of Limitations" refers to the time in which you or your Florida medical malpractice lawyer must file your lawsuit, or it will be forever barred. If you file your lawsuit after the required time has expired, your case will be thrown away.
How Long Do I Have to File My Medical Malpractice Lawsuit?
In Florida, your medical malpractice case must be filed within a year from the date you knew or should have known you had a claim.
More than one year has passed from my injury and I didn't know that my injury could have been prevented. Can I file a lawsuit now?
In some extreme cases, if you were not aware and should not have known that you had a legitimate medical malpractice case, the Florida law allows you to file your lawsuit within a year from the time you were notified. Email or call our medical malpractice lawyers to find out if you still have a chance to file your lawsuit.
Is misdiagnosis malpractice?
Not always. Medicine is not an exact science and doctors are not required to be right every time they make a diagnosis. A misdiagnosis may be malpractice if your doctor fails to:
- Get medical history
- Order the appropriate test for the illness
- Recognize the symptoms of the illness
There is no basis for a medical malpractice claim if you've not suffered any injuries as a result of the misdiagnosis and consequent treatment.
Will I need an expert to prove malpractice has occurred?
Almost always, Yes. In order for you to establish your medical malpractice claim, it will be necessary to prove what the standard of care in medicine community for handling a similar matter is.
In order to determine what should or should not have been done in your particular case, someone with the requisite education, experience and skill would be needed to establish what the standard of the community is. Many medical malpractice lawsuits are won/lost based upon the effectiveness of the expert.
Your attorney, to maintain confidentiality and retain your rights, should always hire these experts.
If you or someone you love has been wrongfully harmed due to medical malpractice anywhere in Florida, you need our experienced medical malpractice attorneys on your side to help you get the compensation you deserve.
Email us or call our experienced Florida medical malpractice lawyers today to find out how we can help you.
888-435-7001
