Injured By Medical Malpractice? There’s A Time Limit To File A Lawsuit

The realization that you’ve been injured as a result of the medical care you received can lead to many feelings: shock, anger, frustration, and sadness. One thing it should also compel you to feel is determination. If you suspect that you have a medical malpractice situation on your hands, the very last thing you want to do is sit and stew on it or wait and see if the injury resolves itself.

Statute of Limitations and Statute of Repose

All Florida medical malpractice cases are subject to a statute of limitations. This statute establishes a time limit under which a medical malpractice claim can be made. Each state has different laws, but in Florida the statute of limitations for medical malpractice claims is just two years from the time the patient was injured, knew or should have known that an injury occurred and that medical malpractice was to blame.

Two years is not a long time. How many of us have lived with a lingering pain, telling ourselves it wasn’t that bad or we were just taking longer to recover than expected? Before you know it, a year has come and gone and you’re still suffering. If you wait too long, the statute of limitations will have passed and you will have missed your chance to recover damages from the healthcare provider to compensate you for your injuries. In addition, your delay in bringing a claim could mean that other patients suffer the same fate.

Even more limiting to patients is the Statute of Repose. The Statute of Repose states that unless there are extenuating circumstances, healthcare providers cannot be sued for medical malpractice more than four years after the incident occurs. That means that patients must realize within four years after the incident occurred that they have been injured due to medical malpractice and take action to file a lawsuit. If a patient misses this 4-year deadline, he or she won’t ever be able to file a medical malpractice lawsuit for that specific incident.

The time limits on medical malpractice cases make it important for patients to meet with a medical malpractice attorney as soon as they realize they have been injured.

Contact The Beregovich Law Firm If You Suspect Medical Malpractice

Building a medical malpractice case takes time. Fortunately, you only have to file the claim within two years of the injury. Once the claim has been filed, you will have additional time to collect evidence and build your case with the help of a medical malpractice attorney.

If you live in Florida and think you may have a medical malpractice claim, contact The Beregovich Law Firm to arrange a consultation. Our Florida medical malpractice attorney will review the evidence and help you file a claim if there is a basis.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to arrange a consultation.

Is It Medical Malpractice? How To Determine If You Have A Medical Malpractice Claim

It can come as a shock when you first realize that you may be in a medical malpractice situation. We are often so focused on our recovery that we seldom stop think that maybe the care we received has something to do with our lingering problems or complications. Once the thought enters the mind though, it’s tough to stop wondering, “What if?”

It’s not easy to figure out if you have a medical malpractice claim. It’s not like you can just go ask the doctor or healthcare provider if they failed to deliver an appropriate level of care. If you do, chances are you’ll receive an unsatisfactory (or incomprehensible) explanation and a lingering suspicion that something just isn’t right.

If this sounds familiar, it’s time to contact a medical malpractice attorney. A qualified medical malpractice attorney can examine your situation for evidence of substandard care and investigate what occurred to help determine if the care you received is to blame for your current situation.

Proving Medical Malpractice

Sometimes, patients just aren’t happy with the treatment or care they received or the provider made a mistake in providing care and the patient wants to file a lawsuit just to prove a point or get the provider’s attention. These types of situations do not constitute medical malpractice.

In order for medical malpractice to occur, the patient must have suffered a preventable injury as a result of the provider’s negligence. Negligence can take many forms such as poorly delivered care or treatments, foregoing appropriate diagnostic testing, or operating on the wrong part of the body.

All healthcare providers have a duty to provide a certain standard of care. In other words, did the provider deliver the same level of care that a reasonable medical provider in the same field would do in the same situation? When they fail to deliver such care, medical malpractice may come in to play. In order to recover damages in a medical malpractice case, plaintiffs must prove that:

  • The medical provider failed to uphold their duty to provide a certain standard of care;
  • The failure resulted in harm to the patient; and
  • The plaintiff sustained injuries as a result of the health care provider’s actions or inaction.

The key component of any medical malpractice case is whether or not the provider acted with reasonable skill and the care that was required of the situation. Because of this somewhat subjective requirement, most medical malpractice cases require the testimony of expert witnesses, an investigation into the facility’s rules as well as standard practices and procedures. Medical malpractice cases can be extremely complicated, but if a patient has truly suffered as a result of a preventable medical error, they can receive compensation for the injury, loss of income, and/or pain and suffering.

Meet With Our Florida Medical Malpractice Attorney

If you have any doubts or questions about the medical care you received and think medical malpractice may be to blame, contact The Beregovich Law Firm right away. It never hurts to have an attorney review the facts of the situation to set your mind at ease. It’s possible that you do have a medical malpractice case and will be able to secure compensation for your injuries and perhaps prevent the same thing from happening to another person.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation.