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Medical Malpractice Lawsuit Requirements in Florida

When you go to a doctor, you expect the very best treatment, but what happens when your doctor’s negligence injures you? Unfortunately, this is a common occurrence.

According to a John Hopkins study, over 250,000 people die from medical errors each year, while other reports claim the number is as high as 440,000. Medical malpractice can occur in many places, including, a doctor’s office, clinic, hospital, or local pharmacy.

If your injuries or health issues are the result of a doctor’s poor judgment or medical error, you may want to pursue a medical malpractice lawsuit.

Here’s a look at how medical malpractice cases work.

Types of Medical Malpractice

Several types of medical malpractice can cause significant injuries. Some examples of malpractice include:

Failure to Diagnose

This type of malpractice occurs if your doctor fails to provide an accurate diagnosis for your condition. A medical condition can worsen when there is a significant delay between diagnosis and treatment.

Surgical Errors

This type of malpractice occurs when a doctor makes a mistake during a surgical procedure. Examples include anesthesia mistakes or operating on the wrong patient or body part.

Missed Laboratory Results

Doctors use laboratory results for proper diagnosis and treatment. When a caregiver fails to inform you, misreads, or mixes up test results, it can be negligence.

Wrong Medications

Receiving the wrong medication or not receiving the medication you need can mean the difference between life or death. If a doctor prescribes the wrong medicine, the wrong dosage, or a drug that contradicts your medical history, you may have grounds for medical malpractice.

Insufficient Aftercare

Aftercare following a surgical procedure is a necessary part of the healing process. If your doctor fails to provide aftercare and your condition worsens, they could be held liable.

Failure to Take Accurate Patient History

Taking a thorough patient history provides valuable information that can determine a doctor’s course of care. Failure to ask about or review a patient’s history can put a patient’s health at risk.

There are additional types of medical malpractice, including birth injuries and countless others. In many cases, the injury may be a result of multiple missteps from a healthcare provider or medical facility.

If you’ve suffered an injury due to the negligence of a medical provider, you have rights. You may have grounds to file a claim or personal injury lawsuit against the healthcare provider, medical facility, or its parent company.

In some cases, you may believe that a doctor committed an error, when in fact a manufacturer of a defective medical device or product may be to blame.

Professional Standard of Care

When you go to a doctor or a hospital, you expect a professional standard of care. You have the right to sue the hospital, doctor, surgeon, or other medical professionals if you are injured by their negligent care.

To receive compensation for your injuries in a Florida malpractice case, you must show the following:

  • A healthcare professional had a duty to provide a certain standard of care
  • The healthcare professional’s care fell below the standard of care
  • Due to their negligence, you suffered an injury the law recognizes
  • There’s a connection between the breach of care and your injury

What standard of care should medical professionals meet? The law doesn’t require perfection. Even if you’re injured in a doctor’s care, they are not automatically liable for your injuries.

You must prove the healthcare professional failed to meet the prevailing standard of care. This means that after considering all the facts, your doctor or another healthcare provider fell below the standard of a similar medical professional in a similar situation.

Statute of Limitations for Medical Malpractice

The statute of limitations is the time period in which you have to bring a lawsuit. The statute of limitations for medical malpractice is two years from the date you knew or should have known of the potential medical malpractice.

Although this seems like a long time, the sooner you consult a medical malpractice lawyer, the better. The discovery process in a medical malpractice case takes time.

As time goes by, evidence can become misplaced and memories fade. If you’ve suffered injury or harm due to the negligence of a medical practitioner, consult a personal injury lawyer as soon as possible.

Recoverable Losses

The recovery you could receive in a medical malpractice case depends on the circumstances of your case. Damages may include compensation for your medical expenses in the past and future, lost wages, diminished earning capacity, and pain and suffering.

After a medical malpractice lawyer has time to evaluate your case, in some circumstances they may be able to give you an estimate of the value of your claim. However, every case is unique and oftentimes the value of the claim is unknown until the lawsuit has time to unfold and the lawyer has the ability to learn more about the strengths and weaknesses of your claim.

Liability in a Medical Malpractice Lawsuit

Medical malpractice cases can be highly complex. It takes a skilled attorney to navigate Florida medical malpractice laws and evaluate every detail of your case.

It can be difficult to establish liability in some cases. For example, if you receive the wrong medication or the wrong dose, there may be more than one person accountable for the error such as a doctor, nurse, or pharmacist.

Trying to examine the details of your own case can be stressful and exhausting. Don’t try to handle your claim on your own. You need an expert in this area of medical malpractice to fight for your rights and offer the best chance for maximum compensation.

Understanding Medical Malpractice in Florida

If you’re a victim of medical malpractice, you may be overwhelmed with recovering from your injuries and wondering what comes next. You may wonder if you should file a medical malpractice lawsuit.

The worst part is knowing that a medical professional you trusted is responsible for your injuries. If you’re facing this situation, you have rights.

You may be entitled to compensation for your medical bills, lost wages, pain, suffering, and more. At RHINO Lawyers, we work hard every day for victims of medical malpractice, and we’d love to help you.

Contact us today to schedule a free case evaluation.


In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.