There is a typical process followed when filing a Florida medical malpractice lawsuit.
Florida Medical Malpractice Lawsuit: Time Limits
One of the most important aspects of filing a medical malpractice claim in Florida is making sure you do so within the required timeframe as outlined in the Florida statute of limitations. The Florida statute of limitations for medical malpractice cases place a 2-year time restriction on victims.
This means that you have 2 years from the date of injury—or from the time when the injury should have been detected—to file your claim. If the medical malpractice was committed against a child, such as during birth, the child victim has 2 years or until they turn 8 years old, whichever time is greater.
This is why it is so important to consult with a Florida medical malpractice attorney as soon as you recognize that you have an injury. If you fail to file within the limits prescribed by the Florida statute of limitations, you will lose your rights to compensation.
Progressing Through Your Florida Medical Malpractice Claim
Once you have secured representation and filed the proper paperwork to initiate the claim, your Florida medical malpractice attorney will file and “serve” the lawsuit against the negligent party, whether it is a doctor or hospital. After the defendant has been served their papers, they have a set time to respond. The response will either be an admission to the complaints made against the defendant or a denial of the allegations.
In most cases, the defendant will deny the allegations. This moves the process to the discovery stage. In this part of the process the investigation into your Florida medical malpractice lawsuit begins. All parties must comply with this process, which means that all questions from both sides must be answered.
In the discovery stage, past medical records are usually required. In addition, other documents or details of the case might be requested. Everything done in this stage is under oath; therefore, it must all be true and complete. This is the most important part of the process, and may determine if your Florida medical malpractice lawsuit may be found in your favor.
As you progress through your claim, a Florida medical malpractice attorney can keep you abreast of the pertinent details of the case and clarify any of the confusing legal or medical jargon that will be used in every stage of the claim.
Choosing a Florida Medical Malpractice Attorney
When it comes to choosing an attorney, you can’t afford to play a game of chance. Picking a Florida injury attorney based on a colorful bus ad or a touching TV commercial won’t necessarily put you in touch with the attorney best suited for your case.
Palm Beach injury attorney Theodore Babbitt has spent years building his practice and growing his network of trusted colleagues and well-respected lawyers. Find The Right Attorney is based on the simple goal of giving Florida victims the opportunity to find the right attorney for their case. Simply fill out our online form, and Mr. Babbitt will personally review your story to see if you have a valid medical malpractice claim. He will then put you in touch with the attorney best-suited to handle your case. There is no cost to get started; 1-877-751-8087
