Medical Malpractice Cases in Florida
Florida medical malpractice can be a very complex area of law that typically requires the assistance and experience of a personal injury lawyer. A medical malpractice arises out of a medical professional’s negligent acts or the failure to act reasonably in a particular situation. The discussion of medical malpractice in Florida always focuses on the Medical Malpractice Act. This act is legislation designed to promote the efficient and economic disposition of medical malpractice claims. In this blog post, we will discuss how medical malpractice claims work in Florida.
Florida Medical Malpractice Act
The elements required to bring a successful medical malpractice claim against a health care provider consists of: duty, breach, causation, and damages. An important issue in a medical malpractice case is whether a relationship existed between the medical provider and the patient at the time of the medical procedure that is the subject of the claim. Generally, a duty of care is created when a health care provider and a patient voluntarily enter into a relationship in which the health care provider agrees to render medical care to the patient for an agreed upon fee. The Medical Malpractice Act broadly defines a medical malpractice claim for medical negligence as a claim arising out of the rendering or failure to render medical care or services. In medical malpractice cases, there are economic and noneconomic damages available. Specifically, examples of noneconomic damages include things like pain and suffering, inconvenience, mental anguish, loss of capacity. As for economic damages, injury victims can obtain compensation for hospital visits, surgeries, and future medical care. The amount of noneconomic damages an individual can recover depends on whether the physician was a practitioner or non practitioner, whether the physician was engaged in emergency services, and the severity of the individual’s injury. In Florida, if you want to file a medical malpractice lawsuit, the lawsuit must be filed within two years of discovering the injury (or when you should have discovered the injury) or, at the latest, four years from when the malpractice occurred. In other words, even if you couldn’t have discovered the injury within four years, the case will be thrown out if you sue the health care provider more than four years after he or she caused the injury.
Speak With a Accident Attorney Today!
There are very strict requirements for those who want to bring a medical malpractice claim. As such, it is important for injury victims to speak with a personal injury lawyer who is experienced with medical malpractice claims in Florida. When you file a medical malpractice case, you need an attorney by your side who cares about you and your case. The Florida medical malpractice attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance with your medical malpractice claim. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. Contact one of our injury lawyers today for a free no risk consultation! Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! We are available 24/7 to give you a free, no risk case consultation.
We represent clients all throughout South Florida including:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
