If you’re thinking about filing a medical malpractice claim, your first question concerns timing. Namely, what is the statute of limitations of medical malpractice? It depends on the state in which the malpractice occurred. According to Florida’s statute of limitations, medical malpractice claims must be filed within two years from the date of the accident.
Need help with a medical malpractice case now? A top West Palm Beach medical malpractice lawyer in Florida at Lytal, Reiter, Smith, Ivey & Fronrath would love to meet with you. Call 561-655-1990, live chat with us, or send us a message now to get your free consultation.
Details About the Statute of Limitations on Medical Malpractice
Since medical malpractice law is very complex, the Florida statute of limitations provides a lot of directions regarding medical malpractice claims. It states that all actions for medical malpractice claims must begin within two years from the time that the incident that gave rise to the action was discovered or the time that it should have been discovered while exercising due diligence.
While two years is the standard time period allotted for bringing forth medical malpractice claims, the statute of limitations states that in no event will medical malpractice claims be able to be brought to court later than four years. So, there is technically some flexibility, depending on the circumstances and details of the case.
The statute of limitations defines an “action for medical malpractice” as a claim in tort or in contract for damages after 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. It states that the actions must be limited to only the health care provider and the persons in contract with the health care provider.
In the case that fraud, concealment, or intentional misrepresentation prevented any facts from being discovered about the injury, the period of limitations can be extended forward two years, in most cases.
What about the statute of limitations for wrongful death?
If a medical malpractice accident resulted in the death of a loved one, the family and other beneficiaries are able to bring forth a wrongful death claim to collect damages for lost support and services, plus other related damages and losses.
Florida’s statute of limitations allows wrongful death claims to be filed within two years from the date of the injury that caused the death. Outside of this time period, the family or other beneficiaries will likely not be able to collect compensation through a lawsuit.
Florida Statute 768.21 outlines the family members and beneficiaries that may bring forth a wrongful death claim, and it covers what type of damages and losses may be claimed.
Types of Medical Malpractice Cases
You or a loved one may be involved in a medical malpractice case. While not every medical injury or error is malpractice, common types of medical malpractice cases include:
- Birth or pregnancy injuries, including both the mother and child
- Surgical errors
- Anesthesia errors
- Misdiagnosis or delayed diagnosis
- Failure to warn the patient of risks involved in surgery or treatment
- Medication errors
Proving Medical Malpractice in a Lawsuit
Most medical malpractice cases are founded on medical negligence, which occurs when a doctor or other medical professional breaches their duty of care, causing the accident or error, resulting in actual damages that can be claimed in court. Medical malpractice is commonly due to carelessness or negligence.
For negligence to occur, all of the following must be proven in a lawsuit:
- A doctor-patient relationship has been established
- A doctor or other medical professional acted in a negligent or wrongful manner
- The negligent or wrongful actions caused actual damages
You may still not be sure if negligence occurred in your case. A Boca Raton medical malpractice lawyer at Lytal, Reiter, Smith, Ivey & Fronrath can help you determine whether or not medical negligence occurred and help you prove the fault of the doctor or other medical professional to get the compensation you are entitled to.
Strong evidence of negligence and damages is key to getting the maximum settlement possible. You need help with investigations, gathering evidence, and deciding your best path forward. Put your case in the hands of a respected medical malpractice attorney and schedule a free consultation to review your case.
Still have questions? Here are some related articles :
Do I have a case for medical malpractice?
What kinds of damages are available to the plaintiff in a medical malpractice lawsuit?
Who can be held liable in a medical malpractice lawsuit?
Meet With a Trusted Florida Medical Malpractice Lawyer in a Free Consultation
Determining what the statute of limitations on medical malpractice is just the beginning. When you or a loved one has been involved in a medical malpractice accident, you need tough legal representation. We are available 24/7 through our live chat, or you can call us at 561-655-1990 to get help now.
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