Questions About Medical Malpractice
Orlando, Ocala, Kissimmee, Brandon, Winter Haven, Florida
Who can be sued for medical malpractice?
Any healthcare professional – whether they work for a privately-owned or government-owned medical institution – can be sued for medical malpractice. This includes clinics, hospitals, nursing homes, and other long-term care facilities.
Are medical malpractice cases common?
Considering the fact that over 200,000 people die every year from some form of medical malpractice and several hundred thousand more are injured, the number of actual medical malpractice lawsuits is shockingly low. Some experts estimate that only 2 to 3 percent of injured patients and/or families of deceased patients ever seek compensation through a medical malpractice lawsuit.
What do I have to prove in a medical malpractice case?
The injured party must establish three things in a medical malpractice case:
- The defendant (the healthcare professional) failed to act in accordance with the established standards of medical practice relative to his or her profession
- The act of negligence directly resulted in the patient’s injury or suffering
- The patient must show all damages caused by the medical malpractice
What damages can I expect to recover from my medical malpractice case?
Several types of economic and non-economic damages can be claimed, depending on the extent of the injury and details of your case. Calculating and proving damages in medical malpractice cases can get extremely complex, requiring the skill of an experienced medical malpractice attorney.
In general, you may be entitled to receive compensation for:
- Medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
What is the statute of limitations for medical malpractice claims?
A statute of limitations establishes a deadline after which a medical malpractice suit (or any lawsuit for that matter) cannot be filed. These vary from state to state. In Florida, a medical malpractice suit must be filed within two years from when you knew or should have known of the reasonable possibility of malpractice.
Florida also has a statute of repose. This states that a healthcare professional cannot be sued more than four years after an incident of malpractice. This rule applies unless concealment, fraud, or misrepresentation on the part of the healthcare professional can be proven. Both of these statutes have special provisions for injured children. Generally speaking, however, the sooner you take action after an injury, the better.
If you live in the Orlando, Ocala, Kissimmee, Brandon or Winter Haven, Florida areas and have suffered a personal injury due to medical malpractice, please contact experienced Orlando medical malpractice attorney Stephen J. Knox today to arrange your free case evaluation. We also serve Bartow, Citrus, Mulberry, Plant City, Sumter, and Zephyrhills.