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When Do I Have a Medical Malpractice Claim?


Filing a medical malpractice lawsuit may sound like a drastic measure, but for the millions of Americans injured because of doctor negligence each year, it can often be their only option to receive appropriate compensation. From misdiagnosis to dangerous surgical errors, experts believe that medical error is one of the leading causes of death for adults.

However, medical malpractice cases are also notoriously complicated, even for the most skilled injury attorneys. This is because of the more technical nature of these cases, and because many states – like Florida – have uniquely strict laws regarding medical malpractice claims.

Luckily, our experienced and trial-tested attorney at the Law Offices of David C. Rash can help. Offering more than 25 years of medical malpractice experience and a proven track record against negligent physicians and pharmaceutical companies, Attorney David Rash is ready to take on your claim, and help you pursue the fair compensation you deserve for your injuries.

What Constitutes Medical Malpractice?

Medical malpractice means that a doctor, nurse, health care provider, or hospital has caused an injury to their patient, typically because of negligence or wrongful action. Under the law, doctors are required to meet a reasonable “standard of care” in order to legally practice medicine. When they do not live up to this duty, they can be held accountable in a civil court of law.

Violations of the standard of care can include:

  • Failure to correctly diagnose
  • Giving incorrect prescriptions
  • Performing surgeries on the wrong site
  • Leaving behind items during surgery, or a “never event”
  • Delaying diagnosis for a life-threatening condition
  • Causing birth injuries during delivery
  • Hospital communication errors
  • Failure to prevent an allergic reaction or hospital infection

Ultimately, to prove that medical malpractice actually took place, you can’t just show that a care provider committed one of the violations above, or another form of negligence. You also need to demonstrate that the doctor’s violation of the care standard caused considerable harm to your person, and that they clearly breached their duty to you as a medical professional.

Understanding Florida Medical Malpractice Laws

Each state also has different laws governing when and how you can bring a medical malpractice suit. In some states, prospective plaintiffs are even required to submit their claims to a medical review board composed of doctors and attorneys, who will decide whether the case can proceed at all.

In Florida, you only have 2 years to file after discovering an injury that was caused by physician negligence – although in some cases you can have up to 4 years, if the injury was particularly difficult to discover on your own. Regardless, you are not permitted to bring a claim past the 4-year deadline unless there was intentional fraud involved.

Under Florida’s Medical Malpractice Act, you also need an affidavit from a medical professional in order to bring your malpractice claim. This document consists of a written opinion given by a health care expert, and the expert must exactly match the criteria listed out under section 766.102 of that legislation. In some cases, multiple affidavits may still not be enough to prove your claim.

Seek Help from Our Experienced Lawyer

Because we focus much of our practice on medical negligence here at the Law Offices of David C. Rash, we’ve earned a reputation for delivering the kind of powerful results that our clients deserve. For more than 25 years, Attorney Rash and his team have been able to navigate the complex and technical laws around medical malpractice, and secure millions of dollars in settlements for injury victims.

When you come in for your free consultation, we’ll help you piece together the following:

  • If physician or hospital negligence took place
  • What kind of expert witnesses you will need
  • How to secure an affidavit from a medical expert
  • The overall value of your injury claim
  • The likelihood of receiving a positive verdict

From working with medical experts to ensuring a fair jury selection, we’ll fight to make sure that your story is heard, whether that happens in court or at the negotiating table. We also know exactly how physicians tend to deflect blame for their negligent actions – and we can create a compelling case strategy to help you combat these claims.

We work on contingency fees, so you won’t pay unless we win. Call (954) 914-7116 for a free consultation in Florida.

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