Medical Malpractice FAQs
Yes, Florida law requires that you have to pay back your health insurance company for any medical bills it paid out as a result of that negligence.
That depends. It could be any healthcare provider that is subject to Florida statute chapter 766. That can include the hospital, a doctor, multiple doctors, the nursing staff.
I suggest you don’t take it and consult with an attorney. Why? You don’t know yet what the extent of your damages will be. You may think you’re okay now, but in a day, two days, a week, you may not be okay and you want to make sure you protect your future.
Medical malpractice cases are often referred to the battle of the experts so they play a very significant role. And it depends on what type of medical malpractice you’re going after because you need to have a like physician if you’re going after a certain doctor. Additionally, sometimes you like nursing experts as well.
The laws in Florida are slightly different for a nursing home case versus a medical malpractice case. Medical malpractice mandates that you have to hire an expert witness in order to prosecute the claim even before filing a lawsuit. A nursing home claim does not. The other big issue is that if your loved one dies as a result of either nursing home abuse and neglect, or medical malpractice, if you are the child of that loved one and if you’re an adult, you can pursue your claim. However, if you’re not 25 years old or younger, then you have no medical malpractice claim in Florida.
A wrongful death medical malpractice claim is when a healthcare provider does something wrong that significantly contributes to your loved ones death.
You should bring any and all medical records that you have in your possession. You should also bring and photographs you may have of the injuries you suffered as a result of the medical malpractice. I also suggest bringing any type of health insurance cards you may have.
You can recover damages for your pain and suffering. You can recover for future damages as a result of that medical malpractice. You can also recover loss wages as well as any out-of-pocket expenses from medical care and treatment.
Misdiagnosis, medication errors, operating on the wrong part of your body, those are some examples of medical malpractice.
In such a case, if the victim dies, there is a two year statute of limitations from the date the person died.
I would highly recommend an experienced medical malpractice attorney. Why? Under Florida law, there are certain requirements that you must do before you even file a lawsuit. Additionally, medical malpractice cases are usually expert intensive. So you certainly want an experienced attorney.
Yes, usually most patients do realize that, however, sometimes it’s not so obvious for some time later. That is why the law allows a two year statute of limitations from when the patient knew or should have known of the malpractice.
Not necessarily. That’s why you want to hire an experienced attorney to review your medical records because just because you have a bad outcome doesn’t mean that doctor went below the standard of care.
Yes, but as long as that family member fits under the wrongful death beneficiaries in a medical malpractice case. Who are they? One, a spouse, or two, children 25 years old or younger at the time of the death of your loved one.
Yes. Under Florida law, any healthcare provider that is subject to Florida Chapter 766 can be sued for medical malpractice. That includes nurses and hospitals.
Yes. Pain and suffering is a big component of the damages that you can recover in your medical malpractice lawsuit.
Witnesses are important in medical malpractice cases. Specifically, expert witnesses are the most important witnesses in a medical malpractice case.
Yes. Under Florida law, you have two years from the date you knew or should have known of the malpractice. Or if the malpractice resulted in death, two years from the date of death.
