Understanding Medical Malpractice Statutes of Limitations in Tampa

understanding-medical-malpractice-statutes

Malpractice in the medical field is a severe problem that impacts many individuals yearly. When you trust a medical professional, you expect them to give you the best care possible. Regrettably, this is only partially accurate most of the time.

Medical malpractice is called medical malpractice when a doctor or nurse goes against the standard of care and hurts a patient.

In Tampa, Florida, you or a family member may have received inadequate medical care, which is sad. In this case, you must be familiar with the statutes of limitations that apply to Florida. These statutes might restrict the time you have to file a compensation claim.

What Is Medical Malpractice?

It is considered medical malpractice if a medical professional fails to provide the patient with appropriate treatment, such as a doctor, nurse, or another healthcare provider. 

This could be due to a misdiagnosis, delayed diagnosis, surgical error, medication error, or another type of mistake.

When medical professionals make these types of errors, they can cause serious harm to their patients, which can lead to long-term health problems, disability, or even death.

Read More: Tampa Car Accident Law: What You Need to Know

Florida Medical Malpractice Laws

To meet the requirements of Florida Law 95.11(4)(b), a person has only two years from the date that the injury caused by medical malpractice was found or should have been found to start a medical negligence lawsuit.

In Florida, you have two years from the date of the incident or the date that the incident should have been found out, whichever comes first, to file a claim of medical negligence. There are several notable departures from the norm.

If the victim is under 18, the statute of limitations for the offense will not start ticking until the victim reaches the age at which it would have been possible for them to have been prosecuted.

In addition, you have the right to request an extension of the statute of limitations if the victim is mentally unable.

Remembering that in addition to a statute of limitations, the state of Florida also has a statute of repose for claims of medical negligence is extremely important.

This means you have up to four years after the event to file a claim for medical negligence, no matter when the harm happened.

There are a few exceptions to this rule, such as when there is fraud involved or willful misbehavior. Despite this, initiating a claim for medical negligence as quickly as feasible is critical.

Read More: Motorcycle Accidents in Tampa?

The Importance Of Contacting A Tampa Medical Malpractice Attorney

a doctor

The statutes of limitations regarding medical malpractice claims in Tampa can be complex and confusing, so it's essential to contact a medical malpractice attorney as soon as possible if you believe you have been a malpractice victim. 

An experienced attorney can help you navigate the legal system and ensure your claim is filed within the appropriate time frame. They may also assist you in gathering evidence, negotiating with insurance companies, and, if required, representing you in court.

In addition to the time limits for filing a medical malpractice claim, you must meet other requirements.

For example, Florida law requires that an affidavit support medical malpractice claims from a medical expert who can testify to the standard of care and how we violated it in your case.

A qualified attorney can help you find a reputable medical expert and ensure that all necessary documentation is filed promptly.

How To Determine If You Have A Valid Medical Malpractice Claim

These are some measures you may take to assist you in making this decision:

  1. Consult with a medical malpractice attorney: The first step in determining whether or not you have a valid medical malpractice claim is to consult an experienced attorney. They can review the details of your case and help you understand your legal options.
  2. Gather evidence: It's essential to gather as much evidence as possible to support your claims, such as medical records, witness statements, and any other relevant documentation.
  3. Determine if there was a breach of duty: To prove medical malpractice, you must show that the healthcare provider breached their responsibility to provide a certain standard of care. This means they failed to provide the level of care a reasonable healthcare provider would have provided in similar circumstances.
  4. Determine if the breach caused your injuries: You must also show that the breach of duty caused your injuries or worsened an existing condition. This can be complicated, as it may involve obtaining medical opinions and expert testimony.
  5. Consider the damages: Finally, you should consider the damages you have suffered as a result of the medical malpractice, such as medical expenses, lost wages, and pain and suffering.

By following these steps and working with an experienced medical malpractice attorney in Tampa, you can determine whether or not you have a valid claim and take appropriate legal action.

Remember that time is of the essence when it comes to medical malpractice claims, so don't wait to seek legal advice if you suspect that you or a loved one has been a victim of medical negligence.

Should I Consult With A Medical Malpractice Lawyer?

If you think you or a family member may have been the victim of medical negligence in Tampa, you should talk to a medical malpractice lawyer.

Your case can be evaluated by an expert attorney, who can also assist you in understanding the many legal alternatives available to you and will lead you through the process of submitting a claim.

Medical negligence cases can be hard to handle because they are often complicated, especially regarding the statutes of limitations. If you work with an attorney, you can be sure that your claim is sent in on time and that all relevant evidence is sent along with it.

A lawyer can also help you determine if you have a valid claim for medical negligence and advise you on how to proceed with the case.

You must see an attorney as soon as you can if you have any reason to suspect that you or a loved one may have been the victim of medical malpractice.

Get in touch with a Tampa medical malpractice lawyer right away to talk about your situation and protect your legal rights.

Conclusion

Malpractice in the medical field is a severe problem that may wreck victims' lives and the lives of their relatives. If you or a family member has been hurt because of medical malpractice in Tampa, you need to know how long you must file a claim.

These statutes of law govern how long you have to file a claim after the incident that caused the injury. If you work with a skilled medical malpractice attorney, you can be sure that your rights will be protected and you will get the money you owe.

Read More: Tampa Truck Accidents: What You Need to Know