Every year, one in 14 doctors in the United States is faced with a medical malpractice lawsuit. While some of these are legitimate cases, others are wrongly motivated and should not be filed — and are often dismissed as frivolous.
It’s understandable that most people feel wronged by their doctors or healthcare providers when something goes wrong. However, filing a medical malpractice suit is not an easy process. If you’re thinking about filing a case, you should familiarize yourself with the laws and trends surrounding medical malpractice, before you spend your time and money on court proceedings.
Defining Medical Malpractice
The first step in deciding whether to file a medical malpractice lawsuit is to understand the definition of the term. Medical malpractice involves two key factors:
- A doctor or medical professional has made an error, either through actions or negligence, and
- The error has resulted in personal harm
Medical malpractice is a failure to provide proper health care through deviation from medical industry standards, which vary by legal jurisdiction. For example, what constitutes medical malpractice in Miami, Florida, may differ from legal definitions in California or New York.
Some examples of true medical malpractice include misdiagnosis or delayed diagnosis, medical errors, childbirth injuries or negligence, errors during surgery, improper use of anesthesia and cosmetic surgery mistakes.
Who Can Be Sued For Medical Malpractice?
When people think of medical malpractice, it’s often assumed that only doctors are faced with lawsuits. But in addition to doctors, surgeons and dentists, other healthcare professionals may be involved in medical negligence that can result in a lawsuit.
Depending on the error, a medical malpractice suit may be filed against nurses, paramedics, anesthesiologists, physical therapists, or even pharmaceutical companies.
You’ve Decided to File a Medical Malpractice Lawsuit. Now What?
When you believe that your situation meets the definition of medical malpractice, there are a few important things to know. First, medical malpractice has a statute of limitations that limits the time period during which you can file a lawsuit.
In the state of Florida, the statute of limitations is two years after you are either aware or should have reasonably determined that an injury resulted from medical malpractice. Florida also has a statute of repose in effect that prevents any medical malpractice claim from being filed more than four years after the incident has occurred.
If you or a loved one has been injured or suffered ill effects that resulted from medical malpractice, it’s important to contact a Miami medical malpractice attorney as soon as possible to help determine whether you have a case. The Miami trial lawyers at Baron, Herskowitz, and Cohen are experienced with successfully representing medical malpractice clients. We only accept cases with true merit and will provide you an honest assessment of your case. Contact us today to discuss the details of your potential lawsuit.
