While many medical malpractice lawsuits are settled within a few months, the timeline of a medical personal injury case may take years for settlement negotiations and appeals. Each case is different and depends on the parties involved and whether they take the case to trial. To get a better idea of how long your claim might take, schedule a free consultation with an Orlando medical malpractice lawyer from DWK Law today.
What is considered medical malpractice in Florida?
Under Florida law, medical malpractice occurs when a doctor or healthcare facility fails to provide adequate treatment in accordance with the accepted standard of care for a patient. This failure may include any of the following situations:
- A doctor overlooks symptoms indicating a serious condition.
- A doctor misdiagnoses a condition, causing the patient to receive improper treatment.
- A doctor fails to diagnose a condition in a timely manner, leading to a worsening condition or illness.
- A caregiver mistakenly gives the wrong dose of a medicine or administers it in the wrong manner.
- A pharmacist dispenses the wrong medication to a patient.
- A hospital or other institution fails to maintain sterile and sanitary conditions, leading to infection or other illness.
- A surgeon leaves medical equipment inside a patient after an operation.
There are other situations that may qualify as medical negligence or medical malpractice. During a free consultation, your medical malpractice attorney can help you determine if your case includes the right factors to file a lawsuit. The details of your case can impact how long it takes to reach a settlement, especially if you must collect a large amount of evidence from various sources.
What is the medical malpractice suit legal process?
When a victim of medical malpractice files a lawsuit, they and their medical malpractice lawyer must prepare evidence such as medical records, witness statements, and other material. This documentation should focus on showing the at-fault physician’s negligence, the severity of the victim’s illness or injury, and the associated damages.
Before you file your case, however, you must first file a Certificate of Merit to notify the doctor or institution of your intent to sue. To acquire a certificate, you show evidence of malpractice along with testimony from other doctors in the same field stating that the defendant failed to uphold the standard of care for your condition. The responding doctor then has the chance to admit liability and negotiate a pre-suit settlement.
If the doctor denies liability and your case has merit to proceed, your legal team will initiate discovery and settlement negotiations prior to going to court. You may still review any settlements offered during the course of the trial until the case is handed to the jury. Many medical malpractice cases are successfully resolved before this stage of trial, although it can still take several months.
What if my loved one died as a result of medical malpractice in Florida?
If your family member dies due to a medical provider’s negligence, you may be eligible to file a wrongful death lawsuit against the individual and the institution that employs them. According to Florida Statute 766.104, certain family members can sue at-fault healthcare providers for damages such as medical costs, burial expenses, and other losses associated with the death of their loved one. These cases can be very complicated, requiring experienced guidance from a law firm with a strong background in medical malpractice deaths.
Do I have a certain amount of time to file a medical malpractice lawsuit in Florida?
Yes, under Florida law and the statute of limitations, you must file the paperwork for your medical malpractice claim within two years in most cases. If you did not discover the injury right away, you may have as long as four years to file your case. As soon as you believe you suffered medical negligence, it’s important to speak with a skilled medical malpractice attorney.
There are other factors that could affect how long you have to file a medical malpractice lawsuit, such as whether the victim is a minor or mentally incapacitated. To learn more about whether your case qualifies for a lawsuit, contact the team at DWK Law by calling (407) 244-3000 or through our online form to arrange a free consultation today.