Miami Medical Malpractice Statute of Limitations Attorneys
When you seek advice or treatment from a healthcare professional, you do so with the utmost trust in that professional’s training, skills, and experience. In most cases, the trust you place in a doctor or other healthcare providers is warranted. However, some providers are negligent and many different types of medical errors occur, including anesthesia errors, surgical errors, radiologist errors, medication errors and other kinds of mistakes. When these mistakes occur, patients can experience serious, life-threatening, even fatal injuries.
If you have been injured due to medical negligence, you may be entitled to compensation for the physical injuries and emotional trauma you endure because of the injury. Florida law gives you the right to bring a medical malpractice claim against the negligent healthcare provider(s) for damages, such as physical pain and suffering, mental anguish, lost income and diminished earning capacity, diminished capacity to enjoy life and other damages recoverable under Florida law.
The trusted, experienced Miami medical malpractice attorneys at Boyers Law Group are committed to helping you achieve justice and obtain the full, fair compensation you deserve. We can expertly navigate the complex practical and legal issues associated with medical malpractice cases and have the resources necessary to build a compelling case for the substantial compensation you need. We will protect your right to pursue this compensation by settling your case or filing a lawsuit before the applicable statute of limitations runs out.
What Is Considered Medical Malpractice in Florida?
Medical malpractice is a highly specialized area of tort law, the area of the law that allows a victim to pursue damages from an at-fault party for injuries to their person or property. When a healthcare provider’s negligence caused or contributed to the injury or death of a patient, the patient may have the basis for a medical malpractice lawsuit.
The negligence of a healthcare provider could include something the provider did or failed to do, as in leaving a foreign body inside a patient during surgery, operating on the wrong side of the body or prescribing the wrong medication or failing to diagnose a serious infection, failing to diagnose a fracture or misdiagnosing cancer.
Moreover, a medical malpractice lawsuit may be brought against a wide range of health care providers, including:
- Family Doctors
- Nurses
- Surgeons
- Anesthesiologists
- Radiologists
- Other Specialists
- Hospitals
- Long-term Care Facilities
- Rapid Care Facilities
In the State of Florida, Florida Statute Section 766.102 defines medical negligence, providing an injured victim with the right to recover damages when a healthcare provider has breached the “prevailing standard of care.” The prevailing professional standard of care for a given healthcare provider 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.”
To prevail in a Florida medical malpractice lawsuit, the plaintiff (injured party) must prove that the defendant (negligent party) deviated from what a healthcare professional with similar training, skills, and experience would have done (or not done) under the same set of circumstances. This almost always requires expert testimony from a healthcare provider who has similar training, skills, and experience as the defendant.
What Is the Statute of Limitations for Florida Medical Malpractice Cases?
A statute of limitations determines the timeframe within which a plaintiff must initiate a lawsuit. Failing to file within the applicable timeframe forever bars you from pursuing compensation. The Florida statute of limitations for medical malpractice, found in section 95.11 of the Florida Statutes, is two years from “the time the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence.”
Florida also has a statute of repose that places an upper limit of four years from the date of the incident or occurrence out of which the cause of action accrued, except in an action brought on behalf of a minor on or before the child’s eighth birthday. In short, this means that in most cases, a medical malpractice lawsuit must commence within two years from the date the negligence is discovered. But where a claimant can show that fraud, concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from discovery of the injury. However, in no event may an action be commenced more than 7 years from the negligence that gave rise to the claim. This 7-year period will not, however, bar an action brought on behalf of a minor before his eighth birthday.
Given how important it is to know when the statute of limitations expires and to act prior to the expiration of the time limit, it is important for you to consult with experienced Miami medical malpractice attorneys as soon as possible if you suspect that you or a family member was injured because of the negligence of a healthcare professional.
Why You Should File a Florida Medical Malpractice Claim
Doctors, nurses, and other health care professionals are human, meaning they do make honest and unavoidable mistakes. It follows, then, that not all medical mistakes or errors constitute the negligence that forms the basis of a medical malpractice lawsuit. If, however, a medical mistake or error was due to negligence, and you suffered an injury because of that negligence, you owe it to yourself and to future patients to pursue a Florida medical malpractice claim.
When a Florida healthcare provider’s negligence causes injury or death, that provider should be held legally accountable, and you should be compensated for all injuries. Failing to hold healthcare providers accountable for their negligent acts or omissions puts future patients at risk of suffering the same injuries under similar circumstances.
In addition, as a victim of medical malpractice, you may incur extensive out-of-pocket expenses treating your injuries and suffer extensive emotional trauma because of the healthcare provider’s negligence. You deserve to be compensated fully and fairly for the economic and non-economic damages you suffer because of a healthcare provider’s harmful negligence.
Why You Need an Experienced Miami Medical Malpractice Attorney
Florida medical malpractice cases are very complex, both factually and legally. Proving that an act or omission by a doctor or other healthcare professional amounted to a breach of the prevailing professional standard of care can be a monumental – but not insurmountable – task. Uncovering the necessary proof requires a thorough understanding of the law and facts of the case as well as the resources to conduct an in-depth and extensive investigation.
Successful litigation of a Florida medical malpractice case also depends on your attorney’s ability to make proficient use of the civil discovery process and procure reputable and experienced expert testimony. Moreover, your medical malpractice attorney should have the trial experience and skill you can trust to argue your case and win in court.
The Florida medical malpractice attorneys at Boyers Law Group have the expertise, skills, and resources necessary to successfully represent victims who have suffered serious injuries because of medical negligence and errors. Our legal team will aggressively work on your behalf to hold negligent physicians and other healthcare providers accountable to prevent future similar injuries and secure the maximum compensation possible for all the injuries you suffered because of medical malpractice.
Get the Experience and Expertise You Need with Your Florida Medical Malpractice Case
If you or a family member has been seriously injured by medical malpractice, you need a skilled trial attorney with successful experience effectively negotiating top settlements and securing substantial jury verdict awards litigating medical malpractice cases. At Boyers Law Group, we are committed to putting our experience, knowledge, skills, and resources to work for you, fighting vigorously to hold healthcare providers accountable for negligence and to obtain the substantial compensation you deserve for the injuries caused by that negligence.
We feel a deep sense of responsibility to each client because we know that if you come to us for help, you have been seriously injured because of negligence on the part of a trusted healthcare professional. You deserve answers to your questions as well as the maximum compensation allowable under the law.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website to get expert advice from a top Florida medical malpractice attorney.