If you’re suffering after experiencing medical malpractice in the state of Florida, you might be wondering how you can file a lawsuit or if there are any other laws that could affect your situation. Knowing all the laws can help you make informed decisions on how to deal with medical malpractice.
In Florida, there is a two-year statute of limitations on malpractice claims. This means you only have two years from the time the medical malpractice incident happened, or from the date you realize it happened, until you're barred from pursuing civil action, if you or a loved one has experienced medical malpractice, contact a lawyer sooner than later.
In Florida, there are caps on damage claims. For example, there is a $500,000 cap on non-economic damages when the suit is filed against a doctor or surgeon. Non-economic damages are harder to prove and are the intangible losses suffered. Some people try to take advantage of the system, so the state of Florida puts a cap on how much you are allowed to ask for.
Economic damages do not have a cap. You can show the court the cost of medical treatment and other expenses related to the incident. Your lawyer can help you put together your financial losses as well as quantify the value of your intangible loss.
In Florida, misdiagnosis and delayed diagnosis are a common reason for filing a medical malpractice suit. Cancer is one of the most commonly delayed diagnoses and can be life threatening if the person doesn’t start receiving medical care early on.
There must be evidence to show the doctor should have diagnosed the issue sooner. This usually includes a breach of the standard of care. You will need to find a medical expert that practices in the same field as the doctor who committed the alleged malpractice.
They can testify that a reasonable doctor in the same field could have made a diagnosis sooner. This is all included in the Florida Malpractice Act, which outlines how to obtain an affidavit from the doctor. You will need the affidavit to take the doctor to court and move forward with the lawsuit.
When you’re suffering after the mistake of a doctor, hospital, or hospital staff and need a medical malpractice lawyer from Anderson & Anderson, call our office in Tampa, Florida today. Our attorneys will be able to review your case and guide you through the process step by step.
Schedule your free consultation today by dialing 813-251-0072 or by visit us online.
