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Is It Easy To File A Medical Malpractice Lawsuit In Florida?


Many of us trust doctors and other medical professionals without a second thought. And why shouldn’t we? They have spent years in medical school, and these individuals are considered some of the most intelligent and well-respected members of society. Unfortunately, many residents of Orlando find out the hard way that this sense of trust isn’t always well-earned. Some medical professionals are capable of gross, reckless negligence. And since these professionals are responsible for maintaining the health of their patients, this type of negligence can lead to incredibly serious injuries for innocent people.

If you find yourself in this situation, you might be wondering whether or not you can sue. In order to answer that question, you should probably get in touch with a legal professional, such as a personal injury attorney in Orlando. During your initial consultation, your attorney can assess your unique situation and determine whether you can proceed with a lawsuit. Your attorney can then help you strive for a fair, adequate settlement that provides financial compensation for your injuries.

Why Medical Malpractice Lawsuits Can Be Difficult 

Medical malpractice lawsuits can be challenging for a number of reasons:

  • Time Limits: With a normal personal injury lawsuit, plaintiffs usually have four years to file a claim. However, due to certain legal reforms, that time limit is shorter for medical malpractice lawsuits. In this situation, you only have two years to file your claim.
  • Higher Standards: You may also be subject to higher standards when filing a medical malpractice lawsuit. Showing that a doctor was simply negligent may not be enough, and instead, you may need to show that the medical professional was guilty of “gross” or “reckless” negligence.
  • Additional Requirements: Medical malpractice lawsuits involve additional requirements as well. For example, you may need to obtain an affidavit from another doctor who supports your assertion that the injury was caused by medical malpractice. The medical world is also filled with internal committees and organizations that you may need to deal with.

Examples of Medical Malpractice Lawsuits 

Here are some examples of common medical malpractice lawsuits:

  • Botched surgeries
  • Misdiagnosis
  • Failure to diagnose
  • Prescribing the wrong medication
  • Neglect
  • Medical abuse at nursing homes

Common Issues with Medical Malpractice Lawsuits 

One of the most common issues with medical malpractice issues arises when patients sign liability waivers before surgeries or treatments. However, these waivers can be overcome under certain circumstances. Issues may also arise if the statute of limitations has expired. However, it’s important to remember that the statute of limitations only applies after the plaintiff becomes aware of their injuries.

Enlist the Help of a Qualified Attorney Today 

For help from a dedicated Orlando personal injury lawyer, reach out to Payer Law. We know how serious medical malpractice can be, and we’re ready to fight for your rights in an effective manner. Although there are certain challenges associated with this type of lawsuit, it is by no means impossible. Book your consultation today, and we can immediately get started on an action plan.

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