Mistakes and accidents happen all the time and we generally accept that
things cannot be perfect at all times. However, what we do not expect
or accept are injury-causing mistakes from our healthcare providers, which
can sometimes lead to death or cause a permanent disability. What happens
when our trust is misplaced and a medical professional harms us? Filing
a claim would be your next step, but how should you go about it? How do
you prepare for it?
Do You Have a Viable Case?
One of the first things you should understand as you move forward with
your medical malpractice claim is the relationship between you and your
physician. It must be proven that the doctor you intend to sue is the
one who agreed to perform the service and treated you. If you overheard
a doctor providing medical advice to another patient and felt that you
could apply it to your own situation, you will not be able to pursue your
case. However, if you developed an infection and the ER team had you wait
for hours until your condition severely worsened, you might have a viable case.
Understanding the Statute of Limitations
Every state in the country has a statute of limitations or a specified
time frame during which you must file a lawsuit. In Florida, the statute
of limitations for filing a medical malpractice claim is two years, beginning
on the date you were harmed or should have reasonably discovered you were
harmed. Additionally, the state has a blanket four-year deadline on medical
malpractice claims, regardless of when you discovered the injury, unless
fraud was involved.
If you miss out on the deadline, the court will dismiss your case, so make
sure you schedule a consultation with a medical malpractice attorney as
soon as possible.
The Merit of Your Case
Even in cases where your doctor might have failed to meet the accepted
standard of care, you might not have a viable medical malpractice claim
with you did not sustain any injuries or were not harmed. For you to have
a viable medical malpractice claim, you must be able to validate that
your physician’s negligent actions caused you physical pain, mental
anguish, or resulted in additional medical bills.
Reach Out to a Trusted Medical Malpractice Attorney in Orlando
When a patient is harmed by a medical professional, it can leave him or
her feeling shaken and betrayed. You should not have to pay for such egregious
incidents of negligence. At The Maher Law Firm, our
medical malpractice attorneys in Orlando will fight on your behalf to ensure you receive the
compensation you are entitled to. Regardless if you are filing a claim
for yourself or for a loved one, choose a law firm that is armed with
the knowledge and determination that will make a difference in your case.
Get started today and
contact us at (855) 338-0720 to schedule your free initial case evaluation.