Medical Malpractice FAQs

Medical malpractice occurs when a healthcare professional or institution deviates from the accepted standard of care resulting in injury, harm, or death to a patient. This can include errors in diagnosis, treatment, aftercare, or health management.

A skilled medical malpractice attorney can help you navigate the complex legal process involved in pursuing a malpractice claim. They can investigate your case, gather evidence, consult with medical experts, and advocate for your rights to seek compensation for damages.

Determining whether you have a viable medical malpractice case requires a thorough review of your medical records and circumstances by an experienced attorney. Generally, if you believe you’ve suffered harm due to a healthcare provider’s negligence, it’s best to consult with a legal professional as soon as possible.

Damages in a medical malpractice case can include compensation for medical expenses, lost wages, pain and suffering, and other related losses. The specific damages recoverable depend on the circumstances of your case.

Yes, in Florida there is a two-year statute of limitations for filing medical malpractice lawsuits. This begins to run from the date of the incident occurred or from the date the incident was discovered. But, there are some exceptions, and there are ways you can extend the statute of limitations. For more, see our Medical Malpractice Statute of Limitations page. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss any deadlines.

Most Florida medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation through a settlement or court award. This fee is typically a percentage of the total recovery. Initial consultations are often free, allowing you to discuss your case with an attorney without any financial obligation.

If the negligence of a hospital, clinic, or other healthcare facility contributed to your injuries, you may have grounds for a medical malpractice lawsuit against the institution, in addition to any individual healthcare providers involved.

If you suspect you’ve been a victim of medical malpractice, it’s essential to seek medical attention for any ongoing issues and then consult with a qualified medical malpractice attorney as soon as possible. An experienced medical malpractice attorney can advise you on your rights and guide you through the next steps.

The duration of a medical malpractice case can vary depending on factors such as the complexity of the case, the willingness of the parties to negotiate a settlement, and the court. Some cases may be resolved in a matter of months, while others can take years.

Not necessarily. Many medical malpractice cases are settled out of court. However, if a settlement cannot be reached, or if litigation becomes necessary to protect your rights, your attorney will represent you in court proceedings.