Do I have a Medical Malpractice Claim?
A bad experience with a doctor or hospital doesn’t necessarily mean you’ve experienced malpractice. Unfortunately even under the best circumstances, things can go wrong. Generally, to win a medical malpractice case, you must have expert witness testify that no reasonable medical provider would have acted the way yours did when faced with similar circumstances. Reasonableness is determined by a myriad of factors, including, geographic location where care occurred, state of medical practices, and generally accepted medical practices in the community. You must also prove that the negligence of your medical provider was the cause of injury or death. Contact our trusted attorneys at The G Law Group and find out if you have a medical malpractice claim.
How long do I have to file a Medical Malpractice Suit?
We know that after a catastrophic injury or tragic loss of a loved one due to the malpractice of a trusted physician, the last thing on your mind is hiring an attorney. But be aware that Florida has a 2-year statute of limitations for the filing of a medical malpractice lawsuit. Prior to filing a lawsuit based in medical malpractice or negligence, the injured party must have an expert witness conduct a pre-suit investigation and review of all the relevant medical records. This means that you will need to obtain a copy of all relevant medical records.
How do I obtain my medical records?
Florida law allows a patient, legal guardian, or next of kin the legal right to obtain copies of medical records. A request for copies of the medical records, made in writing, must be presented to the medical facility. It will take time to obtain the records, and frequently requests need to be made in a number of areas. You may need to contact a number of different medical providers and often there is a per page copy charge assessed to obtain these records.
What is informed consent?
When a doctor is going to perform a procedure, he or she is required to advise the patient of the procedure that is going to be performed as well as all the possible consequences. This is referred to as “informed consent.” Did your doctor fully explain all negative side effects or consequences prior to obtaining your consent to a procedure? If not, then you may have a medical malpractice case. Schedule a FREE Case Evaluation at The G Law Group to discuss your medical malpractice case today.