While most medical professionals work tirelessly to help the sick and wounded, even those with the best intentions sometimes make mistakes. While the law does not hold healthcare professionals liable for all mistakes, they can be held liable for injuries caused by negligent or wrongful acts via resulting medical malpractice lawsuits. If you suspect that your injury is the result of medical malpractice in Florida be sure to take the following five steps immediately.
Step 1: Get the Medical Care that You Need
First and foremost, immediately seek medical attention and obtain the care that you need. Medical mishaps can sometimes be rectified if action is taken quickly so before you start worrying about pursuing a medical malpractice claim be sure to consult with experienced healthcare professionals about your health care needs.
Step 2: Assess Whether You Have a Viable Claim
In Florida, injured individuals are entitled to recover damages for their losses if they can prove the following elements of their medical malpractice claims:
- The defendant health care professional owed them a duty of care,
- This duty of care was breached given the standard of care expected of a similarly situated medical professional, and
- A compensable injury was suffered as a proximate cause of this breach.
Please note that medical professionals working in the United States always owe their patients a duty of care and that this duty can be breached by a negligent or wrongful act. If you suspect that your injury is the product of medical malpractice be sure to follow up with a local attorney who will review your case and determine whether the elements listed above have been satisfied.
Step 3: Start Documenting Your Claim
Anyone who suspects that his or her injury was caused by medical malpractice should begin documenting the claim without delay. Documentary evidence is critical to proving your claim so be sure to keep a copy of every document pertaining to your injury (for example, insurance records, medical bills, prescriptions, etc.). Also, if your injury is visible be sure to take photos documenting your recovery.
Step 4: Act Quickly
If you are interested in pursuing a medical malpractice claim in Florida be warned that there is a limited amount of time within which you can file your claim! In Florida, medical malpractice claims must be brought within two years of the date on which the cause of action accrues (i.e. the date of the negligence or the date on which the injury was discovered, or reasonably should have been discovered). There are limited situations under which this deadline may be extended, but one should never rely on such an extension.
Step 5: Consult with a Local Medical Malpractice Attorney
Medical malpractice can leave a patient and his or her family facing astronomical medical bills. If you or your loved one were injured due to a medical professional’s negligence in Florida, the experienced medical malpractice lawyers at Piccin & Glynn, Attorneys at Law, are here to help you. To discuss your case during a free initial consultation at our Ocala office contact us toll free at 352-558-8480.