What Is Needed to File a Medical Malpractice Claim in Florida?

Individuals who have suffered harm after seeing a trusted medical provider may have a case to file a medical malpractice claim. These claims tend to be some of the most challenging to prove and the bar is very high in terms of winning and securing compensation. It is dependent on the victim of medical malpractice to show that their medical provider was negligent in their actions and responsibilities and it was this negligence that lead to the harm that was suffered.

It is incredibly important that if you believe you were hurt by your Floridian medical provider, that you speak to a qualified and experienced Tampa medical malpractice attorney. Medical malpractice claims can be won and justice can be served. However, getting to that point takes work and practice. A lawyer who understands how to handle medical malpractice claims gives victims the best chances of obtaining the most desirable results.

Filing a Medical Malpractice Claim in Florida

When you pursue a medical malpractice claim, your attorney must first compile your medical records so that they can be reviewed by an independent expert. After they are examined, the expert will produce an affidavit that will then be sent to the medical professional who harmed you. Then the medical professional will have 90 days to go over the affidavit and they will have the opportunity to accept the allegations or deny them. A denial will result in a lawsuit.

It will be dependant on you and your attorney to prove that the negligent actions of the medical professional caused the damages you suffered. Medical malpractice claims can take quite a while before everything is worked out. Victims of medical malpractice should be prepared to wait years before their claim is resolved.

The amount of time that a victim of medical malpractice has to file a claim in Florida is two years from the date that the harm was realized. But if the harm is not realized until two years after the incident happened, then a four-year statute of limitations is applied. In this situation, a victim would have two years to file their claim. For young children under the age of eight who suffered medical malpractice injuries, these individuals have until they are eight years of age to file their claim. When fraud exists on the part of a medical provider or facility, then victims have seven years to file a malpractice claim.

There is much that goes into filing a medical malpractice claim. When you are suffering serious injuries or illness because of medical negligence, having a qualified legal professional supporting you can be beneficial. It also may reduce some of the stress that the situation has likely brought on.

Speak to a Tampa Medical Malpractice Attorney Today

Managing injuries and illnesses caused by medical malpractice can be challenging and taxing. Fulgencio Law has the Tampa injury attorneys that know how to handle these intricate cases and will fight to preserve the rights of victims that were hurt by a medical provider or facility’s negligence. To schedule a free consultation with Fulgencio Law, please call (813) 463-0123.