Mark Perenich Personal Injury Attorney, Clearwater

What you should know about your potential medical malpractice case

There are certain things you have to keep in mind when considering a malpractice case, here are some guidelines for filing a malpractice case.
Basics for filing a claim:
  • A doctor-patient relationship must exist. In other words you cannot sue your friend’s doctor because he told your friend something that you thought caused yourself damages.
  • A doctor must have been negligent. Translation: you cannot sue your doctor because they made you mad. On the other hand, you do have a case if your doctor was not reasonably skillful and careful (negligent).
  • A doctor’s negligence caused injury. This means you sustained some sort of injury in result of your doctor not being careful/skillful.  This is usually when you need an expert to vouch for your case.
  • Your injuries caused damages. This means you have sustained physical or mental injury, lost wages, and/or lost earning capacity.
Common types of medical malpractice cases.
-Failure to diagnose
-Improper Treatment
-Failure To Warn Patients of Known Risks
Each state has specific rules and exceptions regarding malpractice case,  it’s important to be aware of them. Below are Florida’s statute of limitations.
  • Time limits to file a malpractice cases are usually between six months and two years.
  • Many states require a patient to be heard in front of a review panel in order to determine whether or not there is a malpractice case.
  • Also in certain states you must notify the physician.
  • And lastly expert opinions are usually needed during trial 

The Florida Medical Malpractice Statute of limitations is as follows.

 

(b)?An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301766.316 provide the exclusive remedy.
F.S. 95.11
Mark Perenich Personal Injury Attorney Clearwater

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