Before a claimant starts a legal claim in Florida, there are certain requirements they must meet. They must substantiate their case with evidentiary support to prove the validity of their right to sue. Their attorney must conclude that the documentation meets all the criteria of a lawful claim against the healthcare worker.
Patients cannot sue a doctor or the medical staff for a simple error in judgment. Anyone can make a mistake, but the mishaps don’t denote medical malpractice every time. A lawyer must review the case and see where it leads first.
The Exact Date Of The Medical Injury
The Florida statute of limitations stops any claimant from suing a healthcare provider after the second anniversary of their injury. The clock starts on the day the error happened. The person cannot wait two years to bring a case to the court.
The only exceptions are if the injuries were so severe that the victim was in a coma and unable to inform the doctor of more injuries or if they sustained a traumatic brain injury. The statute doesn’t apply to cases involving a minor; however, their lawsuit must be filed before the child becomes an adult. Victims of healthcare-related harm get assistance by visiting fernandezfirm.com now.
What Is A Breach Of The Standard Of Care?
Federal laws outline the level of healthcare that all clinicians must provide. When evaluating the case, the findings cannot show that they chose to perform inferior services for any reason. Discrimination is commonplace in healthcare if a doctor has a deep-seated objection to someone’s lifestyle, religion, race, or sexual orientation. If the physician completed second-class care services based on any prejudices, they are liable for any resulting injuries.
What Happened To You?
Medical malpractice encompasses several wrongdoings on the part of healthcare workers. These instances could include but are not limited to:
- The person woke up during surgery.
- Objects were left inside the body during surgery.
- The doctor provided an inaccurate diagnosis.
- A physician administered inferior medication or drugs the person was allergic to.
- They failed to diagnose a life-threatening disease at an earlier or treatable stage.
- The doctor refused to use updated testing protocols or equipment.
What Is An Act Of Malice?
An act of malice is defined as the intent to inflict bodily harm onto a patient in the doctor’s care. It denotes the presence of ill feelings toward the individual, and that the doctor acted on their own personal feeling or beliefs to deliberately hurt the patient. An example of an act of malice is if a doctor completed a hysterectomy on a female patient when there was no just cause or condition warranting the procedure and the doctor’s actions were intended to prevent the woman from reproducing.
The scenario could apply to someone with whom they had a private or romantic relationship previously or a patient whose lifestyle, nationality, racial makeup, religion, or sexual orientation goes against the doctor’s own belief system.
Under Florida’s state laws, litigants must validate their claim before a lawsuit is filed against a healthcare provider. The claim must be filed before the second anniversary of the injury or the client forfeits the right to sue. The medical error or identified happening cannot be a simple mistake or due to risks disclosed before a surgical procedure or treatment. By consulting an attorney, the patient establishes whether they have a viable claim.
