Special Requirements in Medical Malpractice Cases
Medical malpractice may seem like a rare event, but it actually happens quite often. In fact, it’s the third-leading cause of death in the United States.
Medical malpractice cases are very complex. While it’s possible to sue a doctor and receive compensation for injuries or death caused by their negligence, it’s not an easy process. It’s also very expensive, which is why lawyers will not accept a case unless it is worth the time and money they put into the claim.
Because of this, medical malpractice cases are different from other personal injury cases. There are special requirements involved. Plus, damages caused by medical malpractice are not always immediately apparent, so many cases fall outside the statute of limitations, which is two years in Florida.
What to Know About Medical Malpractice
Medical malpractice can be tricky because just because a doctor caused you harm does not mean you have a bona fide medical malpractice case. Medical malpractice occurs when a healthcare provider deviates from the standard of care. This term can seem vague, but what it means is that if a similar doctor was in that situation, what would they have done or not done? Did you doctor do what a reasonable doctor would do, even if you did suffer harm as a result?
Unlike other types of personal injury cases, medical malpractice cases often require expert testimony. The expert must be a doctor who has experience in the same medical field and can attest as to whether or not the doctor in question acted wrongfully. Expert witnesses are often obtained from outside of the area and can cost tens of thousands of dollars.
Florida had caps on damages for many years, but found them unconstitutional in 2017. Therefore, a medical malpractice victim can now receive an unlimited amount of money for winning a medical malpractice case, although this has been under debate.
If you believe your medical provider was negligent, you should seek help from a personal injury attorney. The time limit to file a claim is two years from the date that you should have known that the injury occurred. This may or may not be the same date as when the doctor actually made the mistake. However, the claim must be filed within four years of the date the harm occurred. The statute of limitations does not apply to minors if the harm occurred before their eighth birthday.
Florida residents are required to inform their doctor that they are being sued. They must serve the doctor with a notice of intent to sue before suing in court. This requires an affidavit from a medical professional that shows you have a valid medical malpractice claim.
Contact a Coral Springs Medical Malpractice Attorney
Medical malpractice cases are very complex. Winning such a case is not easy, as many judges and juries tend to side with the doctors.
If you or a loved one was injured or killed by a medical error, Coral Springs medical malpractice attorney Barry S. Mittelberg can help you prove your case. He has the resources and experience to help you obtain the compensation you deserve. To schedule a free consultation, call 954-752-1213.