Medical malpractice occurs when a licensed professional fails to provide the expected type of medical care to a patient and that patient suffers injuries or other losses. It is a serious action but must be done properly to ensure you receive compensation for losses owed under the law. One component of that is the statute of limitations for medical malpractice in Florida. Talk to a Sarasota medical malpractice attorney or a Bradenton medical malpractice lawyer from Shaprio | Delgado about your situation to learn if you have a case for compensation.
Under Florida Statute 95.11(4)(b), a victim has two years from the date of the incident to seek legal action against the at-fault party. In some cases, the two years begin on the day the harm was discovered or could have reasonably been discovered. In situations where harm is immediately recognized, such as a person who does not receive medical care from a provider, goes home, and suffers a heart attack, that two-year rule applies. Other times, it may take some time to learn that a medical malpractice incident occurred that would justify a claim.
Under Florida law, a patient has up to four years from the initial occurrence to take action in cases where it was impossible for the victim to know of the injury immediately. The court must decide to extend that initial two-year term in an exception. In a case of fraud, this can be even longer. In cases of fraud, the statute of limitations could extend to another two years from the time of discovery. However, no case may be extended beyond seven years, and that means that if your injury was that old, you could no longer seek compensation for those losses.
If a minor is hurt by a medical provider, such as a baby suffering an injury at the time of birth caused by a doctor’s mistake, that child may develop complications not immediately recognized. A pervasive situation, for example, is cerebral palsy or a brain injury. It may take years of development as well as starting school to learn that there was damage from the mistakes the doctors made.
A child may not develop recognizable symptoms until the child is in school, missing key milestones, or struggling with communication years after the accident. The key here is to seek out immediate support from a medical malpractice lawyer if you suspect your child has newly discovered medical, mental health or emotional disorders brought on by an accident occurring at birth.
It is not simple for a victim to prove that an injury that surfaces years later relates to a doctor’s mistake. More so, not all bad outcomes are medical malpractice. Because of these complexities, victims should seek out the guidance of a medical malpractice lawyer in Florida right away. Your personal injury attorney in Sarasota and Bradenton will:
If you or a loved one has suffered injuries at the hands of a medical professional, it is time to talk about your situation with a Sarasota medical malpractice attorney. You could be owed compensation for your losses.
