Medical malpractice falls under personal injury litigation in many US states, including Florida. In fact, it’s the second most significant cause of personal injury cases after car accidents. Cases of medical malpractice range from failure to diagnose/ misdiagnosis to operating on the wrong part of the body and everything in between. Basically, you have a case if you feel that a health practitioner failed to provide care according to standards, leading to suffering that caused you considerable damage. The Florida Department of Health numbered such cases to be more than 1700 in the year 2001 itself, and a little above 800 ones were resolved in the courts of law, and at times, compensations can go as high as $200,000 plus, depending on the situation. But you must be ready to prove the breach of duty of care and the resulting damages and causation. Knowing what to do, including hiring a qualified attorney, can maximize the likelihood of a successful case/claim.
If you have a medical malpractice case in Tampa or any other region in Florida, you may check out BoohoffLaw.com to learn more about available legal services. Professional legal aid can help you with claims arising from mistakes made by healthcare providers. Here’s a look at the usual steps of a medical malpractice case.
Stages of a medical malpractice case
Determining the Statute of Limitations
Statutes of limitations prevent people from bringing constant claims/cases against alleged suspects. The date of discovery can be the day the wrong happened or when the victim should have discovered their injuries via the exercise of reasonable care. There are exceptions, of course.
You can apply for an extension in case of insanity, wrongful death, continuous treatment, minors, etc. However, it’s always better to file your lawsuit early when you can still remember the facts of your tragedy.
You can lose the right to your claim if you ignore the statutes of limitations. However, there may be other cases to pursue, even if the state malpractice statute of limitations has lapsed.
Speaking with a medical malpractice lawyer.
You could pursue your medical malpractice case on your own, but it will likely result in a lower settlement or unsuccessful claim. You want the help of an attorney with such matters.
A medical malpractice attorney will examine your case and determine the rules the defendant broke and how they caused your suffering. They will use their experience to collect and leverage evidence for the benefit of your case. It’s best to reach out to an attorney early so they can start building your case before the statute of limitations expires.
Determining liability
Liability is a crucial aspect of medical malpractice litigation. Just because your case is in court doesn’t guarantee success. A medical malpractice lawsuit can go against a pharmacist, pharmacy, drug manufacturer, doctor, or hospital, depending on who is to blame. However, it can be tricky to add a hospital to a case.
Many hospitals regard doctors as contract workers, not employees. This creates trouble for victims of doctor malpractice.
Indeed, you can only add a hospital to your lawsuit if:
- The doctor/nurse at fault is an employee of the facility
- The doctor knew about the doctor’s negligence but still hired them
In all cases, determine all liable parties and include them in your lawsuit from the beginning because you may not be allowed to make changes later.
Determining claim amount
Different medical malpractice lawsuits attract different settlements/awards. It will depend on the unique specifics of your case, including physical suffering and pain, mental anguish, lost wages, loss of consortium, etc.
Your lawyer can help you figure out how much to sue for, including hidden costs such as defensive medicine due to unnecessary exposure to radiation, increased anxiety and stress, and disruption of relationships.
Initiating pre-suit procedures
A medical malpractice lawsuit is a big deal. Before formalizing your claim, you must get a signed document from a second medical expert asserting that they agree with your claim that the defendant failed to provide reasonable care.
But unlike in other states, you won’t need to present your case to a medical review board for arbitration, mediation, or alternative dispute resolution.
File your claim
Once you’ve fulfilled all procedural demands, file your claim. Ensure to include details of all the parties accountable, the severity of your injuries and losses, and the amount you are seeking.
“A wrongful death lawyer can help you get the case paperwork details right and file in time” Don’t be afraid to reach out to an attorney or firm specializing in medical malpractice lawsuits if you have questions regarding a medical malpractice lawsuit.
