Physicians spend years with school, residency, and in specialty areas to ensure they have the education and experience to provide quality patient care. Unfortunately, some may not meet the required standards under Florida law, committing serious doctor errors that cause harm or even fatalities. The losses can be substantial, so it is a relief to know that you have options through a medical malpractice claim.
However, the legal process is complex due to the statutory requirements, technical subject matter, and other factors. Our attorneys at Freidin Brown, P.A. are dedicated to tackling challenges, so we will fight to ensure you receive fair compensation for your losses. Please contact us to set up a complimentary consultation with a St. Petersburg doctor error lawyer, and read on for a legal summary.
Overview of Florida Med Mal Laws
Mistakes by physicians fall under the state statute on medical negligence, which has a very specific meaning in the practice of law. You must prove that your doctor failed to meet the applicable standard of care when delivering treatment. The standard refers to what is generally acceptable by medical professionals, and your physician is compared to another with the same level of skill, training, and care. Examples of doctor error include:
- Mistakes with prescribing medication
- Neglect in conducting physical exams
- Failure to order appropriate tests or lab screenings
- Surgical mistakes
- Misdiagnosis
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Things to Know About Doctor Error Claims
One important fact for med mal claims is that they are subject to a deadline. Florida’s statute of limitations is 2 years, and you cannot recover any compensation if it expires. You could have up to 4 years if you did not discover the physician’s mistake right away. Some additional points are also crucial:
- The first step in a med mal case is trying to work out a settlement with the provider’s insurance company
- If the insurer will not agree to a fair amount to settle, you will have to file a lawsuit in court before the statute of limitations expires
- Many physicians who work in hospitals are independent contractors, creating challenges if you attempt to pursue the facility
How a Lawyer Helps with Your Case
The biggest advantage of retaining a St. Petersburg doctor error attorney is that you level the playing field with the insurance company. Plus, Freidin Brown, P.A. will assist with:
- Gathering evidence to prove the mistake is a deviation from the standard of care
- Completing forms for an insurance claim
- Negotiating settlement with the insurance company
- All litigation tasks, such as handling prefiling requirements, drafting the complaint, dealing with discovery, and many others
A St. Petersburg Doctor Error Lawyer Will Assist with Legal Remedies
You can count on our team at Freidin Brown, P.A. to handle these and other important tasks involved with your med mal case. To learn more about your rights and the legal process, please contact our office to speak to a Florida doctor error lawyer. We can schedule a free case evaluation to review your situation and advise you on what to expect.