Do I Have a Medical Malpractice Claim?
December 27, 2020
One of the most common questions that those who have been injured by a medical mistake ask is “how do I know if I have a medical malpractice claim?” This is a valid question, especially considering the amount of trust we put into our doctors to do their utmost and to give us the best treatment possible to alleviate our illnesses. So when a standard of care isn’t met and a person is injured as a result, they have every right to explore their legal options.
It’s important to remember that, just like us, medical professionals are human and they too can make mistakes. However, when you’ve been injured as a result of a doctor or other medical professional, a key factor to consider is whether the injury occurred due to a mistake or from negligence. If you believe your doctor harmed you as a result of negligence, you have every right to pursue legal action immediately. You have a right to compensation.
An injury due to medical malpractice is usually a traumatic event. Here are a few things you should know before filing a medical malpractice claim.
Read more: What Types Of Damages Can A Victim Of An Anesthesia Error Recover?
Statute of Limitations
You have a limited time to file your case. Every state has a different statute of limitations. A statute of limitations bars you from bringing a medical malpractice case after a certain time period. It is important that you speak to an experienced attorney immediately after your injury to ensure that you have enough time to file your case. In Florida, a plaintiff should file a lawsuit within two years after the injury occurred or at least within four years after the medical malpractice.
Consider an Out-of-Court Settlement
Did you know that a majority of medical malpractice cases don’t even make it to the courtroom? This is mainly because of how costly and timely these types of cases are. Unfortunately, a lot of insurance companies reject a large number of medical malpractice claims, which is why a lot of them tend to settle out of court.
Read more: How To Know If You Have A Medical Malpractice Lawsuit
Get a Medical Assessment to Find Out Whether You Have a Medical Malpractice Claim
You need to give the health care provider a notice before you file a claim. This notice should include an affidavit written by a medical practitioner showing that you have a valid medical malpractice claim.
You Need the Help of a Medical Practice Lawyer
Trying to file a medical malpractice case on your own is a no-no due to how complex these types of cases are. If you want to get a decent settlement, there are different things to prove, including that your doctor’s treatment fell below the standard of care they owed to you as a patient. You need an experienced lawyer who will help you put together a strong case and show that injuries occurred because of the negligence of the medical practitioner.
Read more: Why You May Need A Lawyer After Winning A Medical Malpractice Case
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Medical Malpractice Case in Florida
Did you or a loved one sustain serious injuries due to medical malpractice in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured in Broward, Dade, Palm Beach Counties, and throughout Florida. Call 754-226-1474 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm