Florida's laws are purposely designed to protect doctors and hospitals and not patients. For instance, sadly doctors in Florida are permitted to practice medicine without medical malpractice insurance.
Florida Statutes govern under what circumstances a doctor or hospital can be sued for their mistakes. Florida Statutes provides that claims for medical malpractice must be initiated within two years from the date that the incident is or should have been discovered and no more than four years from when the mistake happened. This is commonly referred to as the Statute of Limitations for Medical Malpractice.
If, however, a doctor or hospital hides the mistake from the patient the time is extended an additional two years but no more than seven years from the mistake. This allows and even encourages some unscrupulous health care providers to hide or conceal their mistakes in the hope that the patient never discovers them.
Florida Statute §766 provides the complex rules and regulations on how to initiate a medical malpractice case in Florida. Experts are required by injured patients and must have very particular credentials in order to verify and testify against doctors or hospitals. The Florida Medical Malpractice Statute is one of the most complex and doctor-friendly statutory schemes in the country. The law makes it very difficult for injured patients and their families to get justice because it is designed to protect doctors, hospitals and their insurance companies.
If you have a potential medical malpractice case in Florida it is important to consult with a knowledgeable and experienced Florida medical malpractice attorney in order to protect your legal rights as soon as you realize you may have a claim.
Spencer Aronfeld has spent his career holding careless doctors and hospitals responsible when they injure or kill their patients. We have the experience, qualifications and resources to help you, including a full-time nurse paralegal.
We have a statewide practice, and our attorneys have represented clients in complex medical malpractice cases in Miami-Dade County, Broward County and Palm Beach County. We accept Florida malpractice claims from Key West to Jacksonville. We also selectively handle certain cases that are out-of-state.
Our law firm has special expertise in handling Federal Tort Claims Act cases involving medical malpractice committed by physicians employed by the federal government.
We successfully represented a Miami man, in a medical malpractice case against a Miami Hospital's emergency room for failing to diagnose and treat his ischemic stroke. Click here to read the complaint.
If you would like a confidential consultation about a potential medical malpractice case, please contact Aronfeld Trial Lawyers.
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