Florida Medical Malpractice Lawsuit FAQs

Medical malpractice in Florida can have devastating effects on patients and their families. If you believe you or a loved one has been harmed due to medical negligence, you may have many questions about filing a medical malpractice lawsuit in Florida. Below are some frequently asked questions to help you understand the process and how an experienced Florida medical malpractice attorney may assist in your case.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care expected in the medical profession, resulting in harm to the patient. Common examples include surgical errors, misdiagnosis, medication errors, and birth injuries.

How Do I Know If I Have a Medical Malpractice Case?

To determine if you have a medical malpractice case, a lawyer can evaluate whether the healthcare provider’s actions fell below the accepted standard of care and whether those actions directly caused your injury or harm. If negligence can be proven, you may have grounds for a medical malpractice lawsuit in Florida.

What Are Common Examples of Medical Malpractice?

Common examples of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a condition in a timely manner, leading to worsened health outcomes.
• Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
• Medication Errors: Prescribing the wrong medication or dosage, or failing to account for harmful drug interactions.
• Birth Injuries: Harm to a baby or mother due to medical negligence during pregnancy, labor, or delivery.

How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?

In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the incident or from the date when the injury was discovered (or should have been discovered). However, there are exceptions, so it’s important to consult with an attorney as soon as possible.

What Compensation Can I Receive in a Medical Malpractice Lawsuit?

Compensation in a medical malpractice lawsuit may include:

• Medical Expenses: Costs for past and future medical treatment related to the injury.
• Lost Wages: Compensation for income lost due to the injury or inability to work.
• Pain and Suffering: Damages for physical and emotional distress caused by the malpractice.
• Wrongful Death: If medical malpractice leads to a patient’s death, their family may be able to pursue compensation through a wrongful death claim.

How Do I Prove Medical Malpractice in Florida?

To prove medical malpractice, you must generally establish:

1. Duty of Care: The healthcare provider owed you a duty to provide a certain standard of care.
2. Breach of Duty: The provider failed to meet that standard of care, acting negligently or making a mistake.
3. Causation: The breach directly caused your injury or harm.
4. Damages: You suffered damages as a result, such as medical expenses, lost wages, or pain and suffering.

An experienced attorney can help gather the necessary evidence, including medical records and expert testimony, to support your case.

Can I Sue a Hospital for Medical Malpractice in Florida?

Yes, hospitals can be held liable for medical malpractice if they are responsible for the negligent actions of their employees, such as doctors, nurses, or other medical staff. A hospital may also be held liable for administrative errors, such as inadequate staffing or failing to maintain equipment.

What Is the Process for Filing a Medical Malpractice Lawsuit in Florida?

The process for filing a medical malpractice lawsuit in Florida generally includes the following steps:

1. Consultation with an Attorney: Discuss your case with a lawyer who can evaluate whether you have grounds for a lawsuit.
2. Pre-suit Investigation: Florida requires a pre-suit investigation before filing a lawsuit. Your attorney can gather medical records and consult with medical experts to determine if malpractice occurred.
3. Notice of Intent: Before filing a lawsuit, a notice of intent must generally be sent to the healthcare provider, giving them the opportunity to resolve the case without litigation.
4. Filing the Lawsuit: If the case cannot be resolved during the pre-suit period, your attorney can file a formal complaint in court to initiate the lawsuit.

How Long Does a Medical Malpractice Lawsuit Take?

The length of a medical malpractice lawsuit in Florida can vary based on the complexity of the case and whether it goes to trial. Some cases are resolved in a matter of months through settlement, while others may take several years if they proceed to court. Your attorney can give you a better estimate based on the specifics of your case.

Can Medical Malpractice Claims Be Settled Out of Court?

Yes, many medical malpractice claims are settled out of court through negotiations between the parties. A settlement allows you to receive compensation without the need for a lengthy trial. However, if the settlement offer is not fair, your attorney may advise proceeding with litigation.

Do I Need a Medical Malpractice Lawyer in Florida?

Medical malpractice cases are typically complex and often involve large medical institutions and insurance companies with significant legal resources. Hiring an experienced FL medical malpractice lawyer can be essential to ensure that your rights are protected and that you have the best chance of receiving the compensation you deserve.

Contact Our Florida Medical Malpractice Lawyers for Help

If you believe you or a loved one has been harmed due to medical malpractice in Florida, the Law Offices of Jason Turchin may be able to help. We offer free consultations to discuss your case and determine your legal options. Call us today at 800-337-7755, or connect with an agent through our live chat service. We work on a contingency fee basis, so you won’t pay any legal fees or costs unless we win your case or secure a settlement.