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Can I sue for medical malpractice?

| Sep 22, 2020 | Medical Malpractice, Personal Injury

Florida law dictates that medical malpractice cases have separate requirements and more strict procedural rules. Meaning medical claims are often harder for plaintiffs to pursue as compared to standard negligence. If you have been injured as result of medical malpractice, it is important to hire an attorney that has experience navigating this unique area of Florida law.

What is medical malpractice?

Medical malpractice cases focus on injuries caused by “healthcare providers.” In the state of Florida, heath care providers cover a wide range- including physicians, dentists, optometrists, osteopaths, podiatrists, chiropractors, pharmacists, hospitals, and surgical centers.

Why are medical malpractice cases different?

As opposed to a car accident or wrongful death, Florida law dictates medical malpractice injuries are subject to the “presuit process.”

Before you can file a medical malpractice lawsuit, your attorney must complete an investigation of the case, including interviews with expert witnesses, as well as provide the defendants written notice of intent to sue. The defendants in turn, have 90 days to perform their own investigation. Your attorney’s experience with the “presuit” process can determine the strength of your case. Furthermore, if your attorney fails to properly execute your “presuit” requirements, your case could be forever barred under Florida law.

Why are Florida medical malpractice cases difficult?

In addition to presuit requirements, medical malpractice cases have a shorter statute of limitations. While general negligence claims have a four-year statue of limitations, medical malpractice claims have a two-year window. Statute of limitations refers to a time limit regarding when legal proceedings can be initiated. Remember it takes valuable time to request records, interview expert witnesses, and investigate your case. Under a two-year time limit, medical malpractice cases require the experience of an attorney who has the tools be quick, but not hurry.

Florida’s Preeminent Medical Malpractice Lawyer

Our law firm, the Law Office of Craig Gibbs, specializes in personal injury law. It is all we do. We handle the following types of cases: car wrecks, truck wrecks, motorcycle crashes, crashes caused by DUI drivers, job injuries, wrongful death, workers compensation, medical malpractice, nursing home abuse, prescription drug errors, birth injuries, defective product injuries, slip and falls and much more.  If you were hurt because of someone’s negligence or carelessness, call us now. Mr. Gibbs has years of experience fighting insurance companies and he will use that experience to get you the compensation that you deserve. Best of all, all consultations are free and you pay no fees unless we win your case!