5 Tips for Medical Malpractice Claims in Gainesville, Florida
We place the highest level of trust for the health and safety of ourselves and our families in the hands of medical professionals, which is what makes medical malpractice cases particularly unnerving. When the professionals we have entrusted make mistakes or prescribe inappropriate treatment, it is our responsibility to recognize that they have not upheld the Standard of Care – Florida State required by medical professionals.
Most medical malpractice claims, while unique in their own right, typically fall into one of the following common categories: failure to diagnose a patient’s illness, negligent care or treatment, or failure to warn a patient of known risks of a procedure or treatment. Medical malpractice is not limited to the conduct of medical doctors but also applies to nurses, health care facilities, pharmacy professionals, and others that provide health care services.
If you have been, or think you have been, affected by miscare from a medical professional, here are 5 tips for pursuing your medical malpractice claim.
- Don’t wait to start your claim – the Statute of Limitations for medical malpractice cases in the State of Florida requires that any claims against medical professionals be filed within two years of the incident or discovery of the incident. It is imperative that as soon as the injury or incident occurs that you file your claim. This will allow for more prompt and accurate information to be included in the case, and of course, for a timely resolution of your claim.
- Be aware of the Statute of Repose – The Statute of Repose is in conjunction with the 2-year limitation on claims. This rule states that unless fraud, concealment, or misrepresentation occurs, a health care provider or medical professional cannot be sued for medical malpractice more than four years after the date of the actual incident of malpractice. Even if knowledge of negligence is unattainable, the claim may not be brought to court more than four years after the incident. There are some instances, if you can prove one of the above has occurred, that the statute will extend to seven years. The Statute of Repose is slightly different for children. This special rule states that the four year deadline will not act to cut off the claim for a child prior to the child’s eighth birthday.
- Collect medical records – Medical records and evidence of the treatment, or lack thereof, you received are some of the most important aspects of any medical malpractice claim. Start compiling this information by writing a formal request to the facility where the malpractice took place asking for all records and procedures in relation to your case. This includes appointments, assessments, tests, pharmacy requests, consultations and surgeries or procedures.
- Determine the type of negligence that occurred – Once you have evidence of the injury caused by a medical professional, you need to determine what type of disregard occurred. A medical malpractice attorney can assist with this step as they will have a network of professionals to consult.
- Find an experienced malpractice lawyer – medical malpractice is comprised of a complex set of rules and regulations, which vary from state to state. It is essential to seek the advice and representation from an experienced and recommended malpractice lawyer.
The attorneys at Avera & Smith are experienced malpractice trial attorneys in Gainesville, FL. Our team will stop at nothing to get you the resolution you deserve. We stand up for you, your family, and your rights. Why settle for less? Don’t hesitate to contact us if you have any questions. If you have a personal injury case, read our 10 tips to maximize your personal injury settlement