Understanding Florida Medical Malpractice Laws

Various forms of medical care have the potential to cause harm. Medical professionals must let patients know when a treatment they’ve prescribed has a chance of side effects. This helps patients make informed decisions about their care.

However, sometimes doctors and other medical professionals fail to provide patients with the information they need before receiving treatment. Other times, patients are harmed because a physician or other health care provider was negligent.

Have you been harmed as a result of medical treatment in South Florida? You should strongly consider reviewing your case with a medical malpractice lawyer. You may be eligible for compensation. You can file a medical malpractice claim or lawsuit to recover compensation for losses such as your medical bills, lost wages, and more.

An attorney can review your case and let you know whether you have grounds to take legal action. You are not always eligible for compensation simply because a medical treatment resulted in harm. A thorough understanding of Florida’s complex medical malpractice laws is required when you are determining if you have grounds to file a claim or lawsuit.

Florida’s Medical Malpractice Laws: What You Need to Know

Health care providers are required to adhere to certain standards of care when treating patients. Medical malpractice cases involve patients who were harmed because a medical professional failed to adhere to these standards.

This general principle gives patients the right to seek compensation after medical professionals cause harm. That said, the specifics of medical malpractice laws can vary from one state to another.

The following are key points you should be familiar with if you are thinking of filing a medical malpractice claim in Florida:

  • You need to show that you were harmed as a result of medical treatment
  • There must be sufficient evidence showing your injuries would not have occurred if a medical professional had not been negligent
  • You must make it clear the harm you sustained was not reasonably foreseeable and/or you were not properly informed of the risks a treatment involved

The above bullets highlight yet another important point: the burden of proof is on you when you’re seeking compensation via a medical malpractice lawsuit. You need to gather significant evidence showing that you are eligible for compensation.

In fact, you will need to hire a medical expert to prove your case. The expert will testify about the standard of care in your case. They will explain how your medical provider deviated from that standard of care and caused you harm.

Medical malpractice cases are, by their very nature, complicated. Gathering the necessary evidence will likely require conducting a thorough investigation. You are unlikely prepared to conduct such an investigation on your own. Fortunately, an attorney can handle this task on your behalf.

Florida’s Medical Malpractice Statute of Limitations

You do not have an unlimited amount of time to take legal action for medical malpractice in Florida. Under Florida law, you have two years from the time you were injured or the time you became aware of your injuries to file a claim or lawsuit.

You will waive your eligibility for compensation if you fail to make the deadline. This is true even if you have a valid case.

Do not hesitate to contact a Boca Raton medical malpractice attorney if you have any reason to believe you were the victim of medical malpractice in Florida. There is no harm in scheduling a free consultation to review your case. However, there is potential harm in waiting to talk to a lawyer.