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Florida Laws That Impact Medical Malpractice Claims

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Medical malpractice happens, and when it does, it’s important to know what your options are. As victims of medical malpractice, you want justice for what has happened to you. Before you sue, however, you need to know whether state laws can hurt your claim. 

Make sure you have the right information about the laws and what to expect if you feel you have a case. You don’t want your case impacted because of laws you didn’t know about before. If you have any questions about Florida medical malpractice laws impacting your case, check out some laws you need to know before you take your case to court. 

What Qualifies as a Medical Malpractice Case?

Florida’s Malpractice Act requires proof that you or a loved one received a lack of adequate care from a doctor or other medical professional. State law determines what’s required to prove your medical malpractice case, including a signed affidavit from another medical professional stating that your doctor may have acted negligently. 

There are legal standards that must be met to have a medical malpractice case. For example, an unsuccessful surgery does not make a case a malpractice one. Sometimes accidents happen even when the surgeon or other professional is doing everything right You’ll only have a medical malpractice case if there is proof of negligence

To be eligible for a medical malpractice claim, you also need to prove specific circumstances. These include:

  • There was a doctor-patient relationship
  • The medical professional acted negligently 
  • The patient was injured under their care
  • There was a breach of the standard of care that a physician must follow

Proving Causation 

Another requirement that is needed under Florida law states that you have to prove that the doctor or other medical professional’s negligence caused any injuries you sustained. The medical professional’s actions or inactions must have caused or contributed in a way to the injury or death. 

Not having either of these can cause an issue in a malpractice case. If you’re unable to prove your doctor or other medical care provider caused your injuries or illness, your claim may be dismissed without offering your compensation. 

Following the Statute of Limitations 

When suing for medical malpractice, you must file the lawsuit within two years of the date that you discovered or went through the hardships due to negligence. There is a blanket deadline of up to four years from the date of the alleged medical malpractice event. That means you may need to act fast if some years have passed since your injury. 

If you’re concerned about following Florida’s time limits for medical malpractice claims, reach out for help. Your lawyer can help you act now and make the most of this time. 

Speak with a Florida Medical Malpractice Attorney 

Now is the time to speak with a medical malpractice attorney who can provide the help you need for the case you have. Medical injuries happen, but you shouldn’t have to face this suffering alone. 

Give the Law Offices of Casey D. Shomo a call to take advantage of your free consultation and learn more about how a lawyer can help you recover. Reach out by calling 561-659-6366 or by completing the online contact form below.