What You Should Know Before Filing for Medical Malpractice

What You Should Know Before Filing for Medical Malpractice

Posted By Maher Law Firm || 19-Jun-2018

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.

Categories: Medical Malpractice
Blog Home