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Know Your Rights: 4 Florida Medical Malpractice Laws

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If you were harmed because of a medical error by a Florida health care provider, it may be wise to retain a Miami medical malpractice attorney for assistance with your options. Unless you have a legal background, you probably realize that you do not have sufficient knowledge of the various laws that apply to your case. There are many important statutes and court procedural rules involved with med mal actions. Failure to comply with any of them could harm your interests.

Even if you have a knowledgeable lawyer to address the legal details, you should become familiar with four key Florida medical malpractice laws that impact your claim.

  1. The Difference Between Board Action and Medical Malpractice: The Florida Department of Health (DOH) oversees licensing for health care providers and investigates complaints regarding alleged medical mistakes. DOH may take disciplinary action against the practitioner when the complaint has merit, such as issuing an official censure, restricting the doctor’s practice, or revoking the doctor’s license. You cannot recover for your losses through the DOH process. Your remedy is filing a claim for medical malpractice in civil court.
  2. How the Statute of Limitations Works in a Med Mal Case: By Florida law, you must initiate litigation alleging medical negligence within two years after you discover the harm, or should have discovered it through reasonable diligence. If you do not file a lawsuit within this time, you are barred from obtaining monetary damages. However, the deadline may be extended to four years if you did not discover the medical error and could have reasonably figured it out.
  3. Respondeat Superior in Florida Medical Negligence Claims: Besides the negligent health care provider that treated you, there may be additional parties to pursue in a med mal case if they had a hand in causing your harm. Respondeat superior is a theory of liability through which you can hold a hospital, clinic, or other health care facility accountable. These entities may be responsible for the acts of their employees who are negligent in performing job-related duties.
  4. Steps Prior to Filing a Med Mal Lawsuit: A medical malpractice case is a type of personal injury claim, but there are additional, very specific procedural rules that apply. Your attorney will handle the details, which include:
  • Conducting a thorough investigation to ensure that your claim has merit;
  • Retaining a qualified medical professional to prepare a written opinion about the allegations of negligence; and
  • Allowing the defendant time to review and investigate the allegations.

Let Our Florida Medical Malpractice Lawyers Handle the Legal Details

When you have our team at Freidin Brown, P.A. on your side, you do not need to worry about the legal details and intricacies of the medical malpractice claims process in Florida. You should focus on recovering from your injuries, and allow our attorneys to advocate on your behalf. To learn more about our legal services, please contact our offices. We can set up a free consultation to review your circumstances and determine how to proceed.

When a Physician Error is NOT Medical Malpractice

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