When Should You Hire a Medical Malpractice Lawyer in Florida?
You should hire a Florida medical malpractice lawyer as soon as you suffer an injury you believe resulted from a medical error. The state has complex medical malpractice laws, and medical negligence can be challenging to prove. Engaging legal help from the outset can give your attorney plenty of time to build a solid case and protect you from making common mistakes that could hurt your claim.
Florida has a statute of limitations that applies to all medical malpractice lawsuits. If time runs out, you may be unable to recover compensation. A medical malpractice lawyer with our law firm can ensure you have plenty of time to act.
Florida’s Medical Malpractice Statute of Limitations
If you believe a doctor, nurse, or medical facility made a mistake that injured you or someone you love, you should hire a lawyer and file a medical malpractice claim immediately.
Filing quickly will also give you the longest window possible to investigate your injury and negotiate a settlement before running up against the statute of limitations. According to Florida Statutes § 95.11, you generally have two years to file a medical malpractice lawsuit (though circumstances could alter this deadline).
If the statute expires, you likely cannot pursue your losses in civil court. Without the threat of legal action, you will also lose your insurance bargaining power.
The Timeline for Serving a Notice of Intent
Florida law mandates that medical malpractice plaintiffs serve defendants with a notice of their intent to file a lawsuit. Once defendants receive this notice, a 90-day presuit process begins. During this window, the court pauses (tolls) the statute of limitations.
The notice of intent must also include an affidavit of merit by a medical expert. The affidavit contains the opinion of a medical professional stating you have a valid medical malpractice case. Hiring a medical malpractice lawyer in Florida can provide you with an experienced ally who can keep your case on track. A lawyer can help you navigate the legal process and find a healthcare provider to affirm your case is valid.
How to Know if You Have a Medical Malpractice Injury
Medical malpractice is more than just an adverse outcome. Adverse outcomes can happen even when doctors and nurses do everything right, while malpractice injuries result from medical negligence. Medical negligence occurs when providers fail to treat patients or do not treat patients according to acceptable medical standards.
Examples of medical malpractice include:
- Failure to diagnose or misdiagnosis
- Premature patient discharge
- Botched surgeries, unnecessary surgeries, or wrong-site surgeries
- Anesthesia errors
- Adverse drug events (ADEs) and medication errors
- Laboratory and diagnostic testing errors
- Birth injuries
- Intubation errors
We encourage malpractice victims to hire a lawyer as soon as they recognize an issue. You should not have to suffer alone while trying to advocate for yourself—our lawyers can help make sure you get the care you need while dealing with hospitals and their insurers.
Additionally, the sooner we can start collecting evidence and speaking to witnesses and experts, the better. Not only are you facing a closing window of time, but some evidence can be time sensitive or will be more valuable when fresh.
What a Medical Malpractice Attorney Can Do for You When They Start Working on Your Behalf
You may wonder if hiring a medical malpractice lawyer in Florida is worth it. An attorney with our firm can use their knowledge and skill to construct a robust case and provide personalized and practical support while you heal. When you hire us, we will:
- Investigate your injury and prove liability. We will conduct a thorough investigation of your medical malpractice injury. We will use evidence, including test results, medical records, eyewitness statements, medical bills, and more, to identify liable parties, prove they acted negligently, and establish your claim for compensation.
- Aggressively negotiate. We will tirelessly negotiate with hospitals and insurance companies on your behalf. We aim to get the maximum compensation possible. We will not hesitate to file a lawsuit if we cannot get justice with a settlement.
- Take care of case details. We will prepare paperwork, track and follow deadlines, and handle case-related communications.
How to Choose a Medical Malpractice Lawyer
You should not trust a medical malpractice case to just any lawyer. You want to hire the right malpractice attorney who has experience with these types of claims and a proven record of success.
Our firm has served medical malpractice and personal injury victims across Florida for almost 50 years, and our team has more than 100 years of combined legal experience. We have helped numerous clients achieve significant case results, and we’ve helped our clients win over $500 million dollars in settlements and verdicts.
Hire a Medical Malpractice Lawyer to Begin Seeking Damages
Your recoverable damages and the amount of compensation you can pursue will depend on facts specific to your claim. In general, awards for a medical malpractice injury may include:
- Medical expenses. You should not have to pay for negligent medical care or the injuries it caused. You can get compensated for costs, including lab testing, diagnostic imaging, surgeries, hospitalizations, physical therapy, rehabilitation, and extended nursing.
- Lost earnings. You can pursue lost wages and employment benefits if you cannot work due to your injury. If your injury is permanent or disabling and prevents you from returning to work, you can seek compensation for lost earning capacity.
- Pain and suffering. You can recover awards for your emotional suffering, mental anguish, and lost quality of life. You can also recover compensation for severe and chronic pain, loss of mobility, scarring, and disfigurement.
- Wrongful death. If your loved one suffered a fatal medical malpractice injury, you may qualify for wrongful death damages. Compensation may include medical bills, funeral and burial expenses, loss of your loved one’s income and future monetary contributions, loss of your loved one’s services, protection, and guidance, and your mental pain and suffering.
Can a Lawyer Get You a Higher Settlement?
Hiring a lawyer for your Florida medical malpractice case does not guarantee you will get a higher settlement. However, working with a lawyer can send the message to the insurance company that you will not accept a lowball payment. It can also help you build a stronger case to help improve your chances at a satisfactory result. Finally, an attorney can identify all of your recoverable losses, ensuring you do not leave money on the table.
Hire Freidin Brown, P.A. Today to Represent Your Medical Malpractice Case
Freidin Brown, P.A. is an established and respected firm of trial-tested personal injury and medical malpractice attorneys. If you or someone you loved suffered harm due to medical negligence, we are here for you.
You can hire our team’s medical malpractice lawyer in Florida for no upfront costs or fees. Contact us online or call today for a free and confidential case evaluation.
