Florida’s medical malpractice (also known as medical negligence) statutes are complex, complicated, and are different from non-medical negligence matters. Without special knowledge of medical malpractice actions, it would be difficult to maneuver through the process and could result in a lower settlement or lower award of damages.
Tarpon Springs medical malpractice lawyers are ready to assist you with your medical malpractice claim and will review the facts of your specific matter, determine the strength of any claims, develop a plan of action to proceed, and determine a fair damage amount. To learn more or get started on your claim consult with an experienced negligence attorney today.
Elements of a Medical Malpractice Claim
- Liability. Once a patient suspects a medical error has occurred, a determination must then be made regarding who is responsible, whether their actions negligent, and did damages result from the negligence. An error is negligent if the damage claimed is a result of action or inaction on the part of a medical professional that falls below the standard of care for medical professionals.
- Damages. There are two types of damages that a Tarpon Springs medical malpractice attorney may be able to help obtain: economic and noneconomic. Economic damages include financial losses, such as past and future medical expenses and lost wages. Noneconomic damages include nonfinancial losses for injuries such as pain and suffering, physical impairment, mental anguish, disfigurement, and loss of capacity for enjoyment of life.
Statute of Limitations
Unlike other negligence matters, the time in which a case can be filed with the court is two years. The statute of limitations is the deadline for filing the lawsuit. If this deadline is missed, the case will be barred from being filed.
The time starts to run from the date the injury was known or should have been known. If the injury is not known, there is a total of four years to file the case in most circumstances.
In medical malpractice cases, Florida Statutes articulate specific requirements that are not required in other types of negligence actions.
- Before filing the case with the court, an attorney must attach to the complaint a certificate stating a reasonable investigation was conducted and there is a good faith belief that there are grounds that each named defendant was negligent and that such negligence is the cause of the injury to the claimant.
- A claimant must also submit a verified written medical expert opinion. The medical expert must meet the qualifications specified in Florida Statute 766.202(6).
- Before a claimant can file a case with the court, their Tarpon Springs medical malpractice attorney must provide notice to each prospective defendant of claimant’s intent to initiate litigation for medical negligence.
- The notice must contain claimant’s medical history information, medical records and an authorization from the claimant to obtain claimant’s medical records.
How Tarpon Springs Medical Malpractice Attorney Can Help
Before any settlement and a soon as possible once you suspect medical negligence, call Tarpon Springs medical malpractice attorneys. Experienced medical negligence lawyers in Tarpon Springs can work hard to bring your claim forward.