Boca Raton Medical Malpractice Lawyer
Medical Malpractice Suits Call for Experienced Medical Malpractice Attorneys
It is bad enough to fall seriously ill or to be injured in an accident. It is arguably much worse to be injured again by the physician from whom you decided to seek medical treatment. Most people tend to trust medical professionals to know what they are doing and to do the right thing. Nobody goes to a particular doctor because they think the doctor doesn’t know how to practice medicine. Often the doctor is someone you have been seeing for your medical care for years. Even when it is your first time seeing a physician, such as a surgeon, doctors traditionally have been considered trustworthy figures in modern society.
When that trust is betrayed by malpractice, psychological damage is added to the physical ailments for which you sought treatment in the first place. You should talk to a malpractice attorney in South Florida to discuss your possibilities for compensation.
Forms of Medical Malpractice
Medical malpractice can occur in many ways that cause injuries to patients, including:
- Birth injuries
- Failure to diagnose
- Delay of treatment
- Medication and prescription errors
- Hospital errors
- Surgical mistakes
Florida Malpractice Suits Require Certain Experience and Skill
Unlike many negligence lawsuits for injuries, malpractice suits in Florida have several built-in hurdles, procedural and substantive, intended to ensure that suits brought for malpractice are, in fact, based on a credible belief that malpractice took place. A bad outcome for the patient is not enough.
The first procedural hurdle is the statute of limitations. For most negligence actions in Florida, the plaintiff has four years from the event to file a lawsuit. For malpractice, that statute of limitations is only two years in most cases. Further, before filing a malpractice suit, the plaintiff must give pre-suit notice to all potential defendants that the plaintiff intends to file a lawsuit. Even then, your lawyer must conduct a pre-suit investigation to determine which, if any, of the potential defendants actually could be liable for medical malpractice. Once pre-suit notice is given, the plaintiff cannot file a lawsuit for 90 days. This is to allow the plaintiff’s attorney to conduct a proper pre-suit investigation. The requirement is intended to weed out potential malpractice suits that are not based on actual malpractice.
In any lawsuit for an injury caused by someone else, the question is whether the standard of care was violated. In most personal injury actions, the standard of care is whether a defendant was negligent, meaning the defendant failed to do what a “reasonable” or “reasonably prudent” person would have done under the same circumstances. That standard is more complicated in medical malpractice, and these claims need an attorney experienced with the specified medical standard of care.
Let Our FL Medical Malpractice Attorneys Protect Your Rights
Medical malpractice can be an uphill fight in Florida, but if you think you have been injured by a medical professional’s malpractice, talk to the malpractice attorneys of Demand the Limits. We have the experience to help you get the compensation you deserve after an injury, so contact us today.