FAQ: Florida Medical Malpractice Claims

What is Medical Malpractice?

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

What is the Statute of Limitations for Filing a Medical Malpractice Claim in Florida?

In Florida, the statute of limitations for filing a medical malpractice claim is two years from the date when the malpractice is discovered or should have been discovered with reasonable effort. However, there’s a maximum limit of four years from the date the malpractice occurred, regardless of when it was discovered.

Are There Any Exceptions to the Statute of Limitations?

Yes, there is an important exception for minors. If the malpractice involves a child, Florida law allows parents to file a claim until the child’s eighth birthday. This extended timeframe applies to birth injuries or other medical malpractice that affects minors.

Why Should I Hire a Medical Malpractice Attorney?

Filing a medical malpractice claim involves complex legal processes, including understanding medical records, proving that a healthcare provider failed to meet the expected standard of care, and adhering to strict deadlines. An experienced medical malpractice attorney can guide you through this process, ensuring your claim is properly handled and filed on time.

What Are Common Types of Medical Malpractice?

Some of the common types of medical malpractice include:

• Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving instruments inside the patient.
• Misdiagnosis: Incorrectly diagnosing a condition, leading to inappropriate or delayed treatment.
• Medication Errors: Prescribing the wrong medication or dosage, resulting in harm to the patient.
• Birth Injuries: Injuries sustained by a newborn due to negligence during childbirth.

What Should I Do if I Suspect Medical Malpractice?

If you suspect that you or a loved one has been a victim of medical malpractice, it’s crucial to act quickly. The time limits for filing a medical malpractice claim are strict, and waiting too long could result in losing your right to seek compensation. Consult with a medical malpractice lawyer as soon as possible to discuss your case.

How Can a Medical Malpractice Lawyer Help Me?

A medical malpractice lawyer can help by reviewing your medical records, determining the viability of your claim, and navigating the legal process on your behalf. They can also ensure that all necessary documentation is filed within the required timeframe, increasing your chances of a successful outcome.