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Everything You Need to Know About Medical Malpractice in Florida


Patients deserve to get treatment at hospitals with full faith that the doctors will perform at the best of their abilities. While it is customary to acknowledge that everyone makes mistakes, mistakes at a hospital can sometimes be the difference between life or death. As a result, it is important to be aware of medical malpractice and to take it very seriously.

What Is Medical Malpractice?

Medical malpractice is when a healthcare professional’s negligence or failure to act causes harm to a patient. This can include misdiagnosis, failure to diagnose, surgical errors, premature discharge, improper medication, and more. To add on, medical malpractice is also not only limited to doctors, but it also includes hospitals, laboratories, psychologists, pharmacists, and nurses. A person who files a medical malpractice claim can receive compensatory damages for therapy, bills, loss of earning capacity, and pain and suffering.

How Common Is Medical Malpractice?

In the United States, about 10% of fatalities occur due to medical errors. This makes medical malpractice a leading cause of death in the US. A study from John Hopkins University shows that over 225,000 people die from medical malpractice or negligence. Furthermore, Hofstra University includes Florida in the top four list of states where medical malpractice incidents are most common. Medical malpractice is a disturbingly common and pressing issue that must be addressed in today’s society.

How Is Medical Malpractice Proven?

In order to prove medical malpractice, certain elements must be guaranteed. For example, there must be proof that there was a doctor-patient relationship in existence and the duty of care from the doctor. Furthermore, it must be proven that the expected duty of care must have been breached. The victim is expected to present evidence that the doctor deviated from the standard of care which ultimately inflicted harm on the victim.

Statute of Limitations In Florida 

Statute of limitations is defined as the maximum amount of time a person has to pursue legal proceedings since the date of offense. Statutes of limitations exist so people are not convicted with evidence that has gotten outdated or less reliable over time. Florida has a two year statute of limitations on medical malpractice claims. This means that a plaintiff has only two years from their date of injury discovery to file a claim. At the absolute latest, they have four years until after the malpractice has occurred to file a claim.

Searching For a Personal Injury Lawyer?

Medical malpractice is a significant problem that dominates the modern world. Individuals deserve to go to hospitals without fear of discrimination or negligence. If you or someone you know has been victim to medical malpractice, our team at Payer Law can help you receive the compensation you deserve. Our skilled Orlando personal injury attorneys are committed to bring you and your family justice, and we have years of experience to back our declaration up. If you are interested in getting more information or scheduling a free consultation, you can contact us at (866) 930-1238 today.



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