Medical errors are the third leading cause of death in the U.S., surpassed only by heart disease and cancer.
Some examples of malpractic include surgical errors, administering the wrong medication, inaccurate or missed diagnosis and care below what is considered the standard of care by other medical professionals in the same circumstance.
Medical malpractice can leave you feeling alone and wondering where to turn. You may be facing financial devastation, the inability to work or to pursue an established line of work or suffering from severe emotional and physical scars. Of course the worst case scenario is death.
Not all medical mistakes qualify as malpractice. If the injury was minor and did, or will, resolve itself, the time and expense of a malpractice suit are not warranted.
To justify a lawsuit the following conditions must be met: 1) the physician owed you a duty of care (you were his or her patient); 2) the physician provided substandard care; and 3) you suffered damages because of that substandard care.
Any malpractice case begins with choosing a medical malpractice attorney with extensive experience and a good track record, who is ready to go to trial if a fair out-of-court settlement cannot be reached.
Experience is vital, because these types of lawsuits are extremely complex. Your attorney must be well-versed in the tactics the defense will employ and be well-able to prevent those tactics from unraveling your case. Your attorney also needs available expert witnesses who can reinforce your claims and dispute rebuttals from the other side.
There is a statute of limitations on such cases, so it’s very important to contact an attorney right away. In Florida, the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member, parent, or guardian) either knew, or should have known, within the exercise of reasonable diligence, that the injury has occurred and there is a possibility that the injury was caused by medical malpractice.
Florida also has a very harsh rule called the statute of repose. This rule says that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the date of actual incident of malpractice. So even if the patient or family does not know about the malpractice and there is no reasonable way to figure it out, the claim may not be brought more than four years after the malpractice occurs under most circumstances.
When you hire our the medical malpractice team at The Law Office of Joshua W. Deckard, we will inform you of your chances of a successful case, build the strongest case possible and be by your side every step of the way.
DISCLAIMER: THE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. BEFORE YOU DECIDE, ASK US TO SEND YOU FREE WRITTEN INFORMATION QUALIFICATIONS AND EXPERIENCE. EVERY LEGAL MATTER IS DIFFERENT. THE OUTCOME OF EACH LEGAL CASE DEPENDS UPON MANY FACTORS, INCLUDING THE FACTS OF THE CASE.