As mentioned earlier, filing a medical malpractice complaint is a complicated process and requires the professional assistance of Boca Raton`s best personal injury lawyer. One of the reasons it`s so difficult is the criteria you need to meet to have a successful claim. The necessary criteria are as follows: The first step for a lawyer facing a potential medical malpractice claim is to conduct a preliminary investigation.13 D The purpose of the preliminary inquiry is to determine which defendants as a health care provider are actually liable for negligence.14 At this point, an application must be made to the competent court and for the statute of limitations. An automatic 90-day renewal is granted during this preliminary inquiry.15 The request for a 90-day extension does not need to explicitly name a potential respondent.16 If not, the respondent may be encouraged to name each potential respondent, whether meritorious or not, and then drop or retain those that are clearly not specified. in the hope that some responsibility is to effectively defend the client. The 90-day period is also intended to encourage, to the extent possible, settlement before litigation is initiated.17 If a medical expert signs your claim and confirms that there has been a breach of the standard of care and that there is evidence to prove an immediate cause, you can claim damages up to a certain amount. Florida legislatures have introduced a “cap” on the amount of damages that can be obtained from a malpractice lawsuit ($500,000 cap on non-economic damages when a lawsuit is brought against a physician such as a doctor or surgeon). In general, there are two types of damages that plaintiffs pursue for misconduct – economic and non-economic damages. Economic damage includes your medical bills and lost wages. Non-economic damages include pain, suffering, inconvenience, etc. These are more immaterial damages and these have the above legal limit of $500,000.

In addition to knowing what medical malpractice is in Florida, you need to know the state`s statute of limitations. If you have surgery, you will likely get anesthesia. It is a substance that will put you to sleep so that you are unconscious during surgery. However, a serious form of misconduct is the careless administration of anesthesia, which leads to awareness of anesthesia. This is when you can literally wake up during surgery and feel the surgeon`s incisions. It can be a traumatic and terribly painful experience. Improper administration of anesthesia can be a reason for a medical error, as the surgeon and staff are required to ensure that you are unconscious during an invasive procedure. If you or someone you love has been neglected by their medical caregiver, it`s time to seek help. Our team believes that you should not suffer the consequences of the person or people you trust to take care of your well-being. A doctor`s mistake is not your fault, and you may be entitled to compensation for your condition. For the applicability of the law, it is crucial to determine whether it is a medical error and therefore justifies the stricter procedural rules.8 D it requires determining whether the cause of action arises from the provision or non-provision of medical services or services by a service provider.9 If the potential defendant is a health care provider, certain pre-litigation requirements are triggered by law, such as a preliminary examination10 a nd Presuit Notice.11 The legal classification according to F.S.

§766.101(2)(b) lists “health care providers” to include licensed physicians, osteopaths, podiatrists, optometrists, dentists, chiropractors, pharmacists, or hospitals or ambulatory surgical centers. While the legislation does not define “potential defendants” to whom notice must be given, this term refers to defendants in medical malpractice lawsuits who are health care providers or who, although not expressly included in this category, are liable on behalf of the actions of health care providers.12 This retrospective knowledge of the injury-based approach has shifted its focus to become a more logical and enforceable rule. as the Florida Supreme Court in Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993), this knowledge of the violation must also be accompanied by knowledge of a reasonable possibility that the harm was caused by a medical error. In other words, the nature of the injury alone may in some cases indicate that it was caused by medical malpractice, but in cases where the injury was likely caused by natural causes, the limitation period does not begin until there is reason to believe that it was caused by medical malpractice. Tanner`s plaintiffs, parents of a stillborn child, sued health care providers at a birth that occurred on April 1, 1988. Her complaint alleged that doctors had examined the mother on 31 March 1988 and had taken her to hospital for tests the morning before the stillbirth was born. They alleged that the defendants were negligent and that the plaintiffs were not aware of the negligence until December 29, 1989. The letter of intent to take legal action was filed on February 12, 1990 and the action was filed on February 1, 1990.

August 1990. The defendants requested that the action be dismissed as time-barred and the trial court granted the application, which was upheld by the Court of Appeal after it was established that the limitation period had expired on 1 April 1990, two years after the actual stillbirth.44 The suspicion that the case is well-founded requires more time for review and investigation.