Doctors are required to act with reasonable care towards their patients, but they are not automatically liable for merely making a mistake. Instead, courts will look at whether the doctor breached the required standard of care. If you or your loved one suffered due to a healthcare provider’s mistake, an experienced Trinity medical malpractice lawyer could help evaluate your claim. If your detail-oriented attorney finds evidence of misconduct, they could help you hold the responsible party accountable.
Common Types of Malpractice Claims in Trinity
A medical malpractice claim can arise in many different ways. Some common examples in Trinity include but are not limited to:
- Surgical errors, from nicking an artery to leaving a sponge behind in a patient’s body
- Pharmaceutical errors, such as prescribing a dangerous drug combination or dispensing the wrong drug or dosage
- Diagnostic mistakes, such as a misdiagnosis or delayed diagnosis that affects the patient’s opportunity for timely treatment
- Informed consent mistakes, including when a doctor does not adequately educate patients about their options
Whatever the situation, a knowledgeable Trinity medical malpractice attorney may be able to help. Victims may be eligible for compensation of damages, including medical bills, lost wages, and other economic losses, as well as nonmonetary damages, such as pain and suffering. These noneconomic damages are typically capped at $500,000, or up to $1 million if a patient is killed or in a vegetative state.
To establish the standard of care, courts often hear testimony from medical experts within the same field as the provider accused of malpractice. These experts can testify about whether a reasonable physician or healthcare practitioner in the same situation could reasonably have made the same mistake or erroneous decision.
Statute of Limitations
Florida has some unique requirements when it comes to the statute of limitations, or time limit, for filing a medical malpractice claim. Most personal injury claims must be filed within four years, but the state has stricter requirements for medical malpractice cases, with the legislative goal of reducing abuse of the personal injury claims process.
First, a victim is required to notify the medical provider or institution of their intent to file suit, giving the practitioner time – up to 90 days – to offer a settlement. If no agreement is reached, the victim may file suit.
Under Florida law, medical malpractice claims must be filed within two years of the discovery of the injury, rather than the date the injury actually occurred. However, victims only have four years in total to file their claim, even if there was a reasonable delay in discovering the injury.
If the injured party in a medical malpractice case is a young child, there is an exception to the standard statute of limitations. In that case, the victim has until their eighth birthday for a claim to be filed on their behalf.
Another exemption to the time limit may be available if the victim can establish that the negligent medical provider acted with intentional or fraudulent means to conceal the injury or prevent the victim from discovering the malpractice. An experienced Trinity medical malpractice attorney could work with victims and their families to file a claim in a timely manner.
Consult an Experienced Trinity Medical Malpractice Attorney
If you suffered due to a physician’s error or misconduct, a skilled Trinity medical malpractice lawyer could help you seek the compensation you need to hold the negligent party accountable. Call today to set up a consultation and begin fighting for the compensation you deserve.