Every day, patients place their health, and even lives, in the hands of doctors and healthcare providers. They trust that they will help them manage and recover from health issues and injuries, but unfortunately, that is not always the case. Sometimes patients find themselves dealing with a negligent physician in a hospital, emergency room, and even during simple office visits. When this happens, it is vital that you have the right lawyer, like a car accident attorney in Florida, to support you in your case.
In Florida, there is a statute of limitations on medical malpractice claims that only lasts for two years. This means that you have two years to file your case from either the date of injury or when you reasonably determined you were injured.
There are many ways that people can experience medical malpractice, including improper administration of anesthesia, preventable injuries that happened in the hospital, and a misdiagnosis or delayed diagnosis. There are three elements of a medical malpractice claim:
- Breach of standard care: there has to be evidence present that doctor, nurse, surgeon, or other healthcare professional broke the applicable standard of care owed to a patient. Florida’s Medical Malpractice Act states that you must find another medical expert practicing in the same field as the negligent medical expert and obtain an affidavit. Without it, your claim may not hold up in court.
- Proximate causation: you have to prove causation in medical malpractice cases. This requires proof that the breach was preventable and that you would not be ill or injured without the healthcare provider’s negligence.
- Damages: there can be hefty financial burdens following medical malpractice. The bills can stack up quickly between the cost of medication, additional doctor’s visits, emergency room visits, and other hospital visits. To receive compensation for damages, you must be able to prove that injuries sustained resulted in significant expenses, time away from work, and additional yet extensive pain.
James Piccolino, chiropractor and attorney, is ready to try your medical malpractice case. To request a consultation, please visit James Piccolino, P.A. online.