Common Medical Malpractice Claims
Medical malpractice lawsuits do not arise every time a doctor makes a mistake. However, they will come up if that doctor violated their duty of care to provide you with good medical advice and services. Below are few examples of situations where medical malpractice claims often arise.
- Delayed or incorrect diagnosis
- Anesthesia errors
- Surgery mistakes (including performing surgery in the wrong area)
- Unnecessary surgery
- Poor follow up care or aftercare
- Premature discharge
- Ignoring laboratory results
- Failure to provide proper testing
In many of these situations, a careful doctor who does their job properly would not make these kinds of mistakes. The result is that they have violated the unique standard of care that applies to these cases.
Medical malpractice claims can be hard to prove. But, an experienced medical malpractice attorney will be able to help you gather and present the evidence you need to be successful. Hardball Law is a great resource and teammate as you work through this process.
Notice Requirements Medical Malpractice Claims in Florida
Florida has a unique notice requirement for medical malpractice claims. You are required to give the healthcare provider notice of your intent to start a lawsuit before you file it. It also requires an “affidavit of merit” from a medical professional. This medical professional must state that he or she believes that you have a valid medical malpractice claim.
After the notice is served, a settlement process starts that takes place over a period of 90 days. The intent of this notice requirement is to try to get the parties to talk about settlement before litigation even begins. If a settlement cannot be reached, then the next step is to file a lawsuit.
Time Limitations for Medical Malpractice Claims
In Florida, you have two years from the date that you discovered the incident that led to the malpractice claim to start your lawsuit. In some cases, you may not realize that medical malpractice has occurred right away. For example, if a surgeon left a sponge inside of a surgical site, you might not see the side effects from that until months down the road. In addition, you would likely only know that a sponge is causing your problems after you have another surgery.
Your claim must also be asserted sooner than four years after the incident, regardless of when you discovered it. However, an exception applies if the doctor or other healthcare professional hides or conceals their mistake.
The sooner you talk to a medical malpractice attorney about your situation, the better. Your attorney will need time to meet the Florida notice requirements and gather information on your behalf. Contact Hardball Law as soon as you think you may have a medical malpractice case.
Money Damages Available in Medical Malpractice Claims
The money award that you can receive in a medical malpractice case is called “damages.” Several types of damages might be available in this kind of case. The most common money damages are called “compensatory damages.” This money is designed to put you back in the place you would have been if the malpractice had not occurred.
Compensatory damages (also sometimes called “economic damages”) are supposed to cover things like:
- Medical expenses
- Lost wages for the time spent away from work
- Lost future wages due to changes in your ability to work
- Future medical expenses
Non-economic damages deal with losses that are not easy to quantify. They include things like:
- Past or current pain and suffering
- Loss of enjoyment of life
- Future pain and suffering
Every case is different, so your money damages may not be the same as someone who also a similar medical malpractice claim.
Get Help with Your Medical Malpractice Claim
Medical malpractice claims can be very complicated. Do not try to assert this type of legal claim on your own. Hardball Law has the experience and knowledge that you need to successfully assert your medical malpractice claim. Contact our team to set up a free consultation or get more information about how we can help.