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Medical malpractice occurs when a healthcare provider fails to meet the recognized standard of care, resulting in injury or harm to a patient. In Florida, medical malpractice is a unique area of personal injury law that is governed by specific statutes and court procedures. The law covers not only doctors but also nurses, hospitals, dentists, and other medical professionals or facilities. The goal of medical malpractice law is to protect patients by allowing them to seek compensation for injuries resulting from negligent medical care while also safeguarding medical professionals from unfounded claims.
Individuals often need legal guidance in medical malpractice cases because these claims are complex and require a comprehensive understanding of both medical and legal concepts. Common situations where legal help is essential include:
Medical malpractice lawyers can help patients understand their rights, evaluate whether malpractice occurred, gather evidence, consult with medical experts, and represent clients in negotiations or court proceedings.
Florida has distinct laws and procedural requirements for medical malpractice claims. Some key aspects include:
Understanding these local laws and following the proper procedures is essential to any successful medical malpractice claim in Florida.
Medical malpractice includes any action or omission by a healthcare provider that deviates from the accepted standard of care and causes injury or harm to a patient. This can involve errors in diagnosis, treatment, surgery, or aftercare.
You may have a claim if you can show that a medical professional failed to provide care consistent with the accepted standard, this caused your injury, and you suffered damages such as medical expenses, lost wages, or pain and suffering. Consult a lawyer for a professional evaluation.
Generally, you have two years from the date you discovered or should have discovered the injury. However, you cannot file more than four years from the incident except in cases involving fraud or concealment.
Yes. Florida law requires a sworn affidavit from a qualified medical expert before you can file a lawsuit, confirming that there is a reasonable basis to believe malpractice occurred.
You may recover compensation for economic damages like medical bills and lost income, as well as non-economic damages such as pain, suffering, and loss of enjoyment of life.
Previous caps on non-economic damages have been ruled unconstitutional in many cases, but laws and court rulings can change. Discuss your specific situation with an attorney for the most current information.
Hospitals, doctors, nurses, clinics, dentists, pharmacists, and other licensed healthcare providers and facilities may be held liable if their negligence caused harm.
Before filing suit, you and your attorney must notify the healthcare provider of your intent, secure a corroborating medical expert affidavit, and participate in a 90-day period during which both sides investigate the facts and may negotiate a settlement.
The family may be eligible to file a wrongful death claim under Florida law. There are specific rules about who can bring such a claim and what damages may be sought.
Most lawyers accept these cases on a contingency fee basis, meaning they only collect a fee if you win or settle your case. Fee percentages and costs should be discussed up front.
If you believe you or a loved one has been harmed due to medical malpractice in Florida, consider taking the following steps:
Prompt action and informed decisions are critical. An experienced attorney can help you understand your rights, navigate Florida's complex laws, and pursue fair compensation for your losses.
Lawzana helps you find the best lawyers and law firms in Florida through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Medical Malpractice, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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