Medical malpractice happens when a doctor, nurse, or other medical professional fails to provide care that is appropriate and/or necessary. This can lead to serious injuries, permanent disability, and even death.
But what should you do? You have the right to pursue compensation for your damages through a legal process called a medical malpractice lawsuit. We’re covering the basics of what constitutes medical malpractice, why you might want to pursue legal action, and when you should do so.
Why You Might Want to Sue for Malpractice
Medical malpractice or negligence is defined as carelessness, inattention to detail, and failure to follow the accepted standard of practice in a medical profession.
When you’re harmed by medical malpractice, there are a couple of different options to consider:
- You could sue for medical malpractice
- You could file a complaint with the appropriate licensing board (such as your state’s nursing board)
- If you choose to sue for medical malpractice, then there are steps you should take before filing suit:
- Consider consulting with an attorney about what your potential case may look like
- Look into whether any group has already filed suit against the same provider for similar issues
Talking with an experienced law firm that has extensive backgrounds in both the legal and medical fields will ensure that you receive the care guidance and direction you need.
At the Doctor Lawyer Firm, that’s precisely what we provide our clients. So be sure to get in touch with us today to discuss your needs as a victim of medical malpractice.
The Process of Filing a Lawsuit
In order to file a lawsuit, you must first meet the following criteria:
- You were harmed by medical malpractice.
- The harm is substantial and significant.
- There is evidence of negligence or wrongdoing on the part of the doctor, nurse, or other medical professionals.
- Your injury was not intentional and was not one that could have been predicted by a reasonable person.
If you have been harmed by medical malpractice and meet all of these criteria, it is possible for you to pursue compensation for your injuries through a medical malpractice lawsuit. To start this process, consult with an experienced personal injury attorney who will understand your legal rights and help guide you through the process of filing a lawsuit.
Statute of Limitations for Filing a Medical Malpractice Lawsuit
The term “statute of limitations” refers to the time limit for a lawsuit or claim. How much time you have to file your legal claim depends on what kind of claim you have and which state you live in.
If you do not file your legal claim before the statute of limitations expires, you will be barred from doing so and will lose any right to collect compensation.
Medical malpractice lawsuits are filed by the victim or a family member of the victim when doctors or other medical professionals make mistakes during a medical treatment that leads to injury or death.
You may need to consult with an attorney as soon as possible if you believe that either you or a loved one has been injured by medical malpractice. The statutes of limitations vary depending on the type of injury, but they usually have a two-year cutoff time.
Why Do Medical Malpractice Cases Have a Different Statute of Limitations?
Medical malpractice cases have a different statute of limitations than other types of injury claims because they involve the health and life of the person filing the claim.
You may need to consult with an attorney as soon as possible if you believe that either you or a loved one has been injured by medical malpractice. If the injury is severe and the statute of limitations is quickly approaching, talking to an attorney about your legal options may be what’s best for you.
Moreover, each state is different in how it handles medical malpractice lawsuits and statutes of limitations. Some states allow for longer periods of time for the victim to file, while others are shorter. You can find out what your state’s mandates are when you speak with a medical malpractice attorney.
In the state of Florida, you have two years to file a medical malpractice claim. Keep in mind, though, that you should file as soon as possible, as this gives your attorney time to research and build your case. And the better prepared your legal counsel is, the better chance you have of winning your lawsuit.
Do You Need to File a Medical Malpractice Lawsuit?
Medical malpractice attorneys Sowell and Chakour proudly represent some of Florida’s most important medical malpractice lawsuits. If you want experienced lawyers who will fight to get you the maximum compensation for your case, call the Doctor Lawyer Firm today at 1-833-MedMals. You may also complete this contact form to get started.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.