Placing your healthcare needs in the hands of an Indiantown physician takes a great deal of trust. When they act in a negligent manner and injure a patient, they should be held accountable in court.
If you suffered an injury or illness because of a doctor’s failure to comply with appropriate standards, you should talk to a steadfast Indiantown medical malpractice lawyer. One of our seasoned personal injury attorneys who understands the unique legal pre-requisites in medical negligence cases could evaluate your circumstances and help you obtain compensation for your injuries.
Requirements for Filing a Malpractice Claim
Anyone who injures another person through reckless or negligent misconduct may be held liable for any damages which result from their behavior. However, when an injury is the result of medical malpractice, state law requires the injured patient to take certain precautions before filing a lawsuit.
An injured patient must obtain an affidavit from a doctor or other qualified professional confirming that they have a valid claim for medical malpractice. An Indiantown medical negligence attorney can help obtain an affidavit and ensure that it is included with a claimant’s notice of intent to sue.
Statute of Limitations for Medical Malpractice Cases
The state’s statute of limitations requires an individual to file a claim within a specified time period. Actions filed after the statute of limitations has expired will likely be dismissed by a court, with few exceptions.
This legal time-frame can be extremely complicated in medical malpractice cases. Florida Statutes §95.11(4)(b) states that a medical negligence claim must be filed within two years of the time the malpractice occurred or two years from the time the injury is discovered or should have been discovered. However, the patient must initiate an action no later than four years after the malpractice occurred, regardless of their circumstances.
After the injured patient serves notice of intent to sue, the action triggers a 90-day settlement window during which the statute of limitations is paused. If the defendant doctor does not settle the case, the injured patient has 60 days or the remainder of the limitations period to file a civil claim for damages. A medical malpractice lawyer in Indiantown could review a situation to determine applicable deadlines and subsequently help a plaintiff meet critical legal deadlines.
Compensating a Patient’s Injuries
The civil legal system seeks to restore people to the condition they were in before their injuries occurred. However, a negligent doctor cannot undo the harm they inflict on a patient.
Fortunately, an accomplished lawyer who has experience with medical malpractice cases could help an injured patient in Indiantown receive monetary damages to offset losses such as medical expenses as well as pain and suffering.
Call an Indiantown Medical Malpractice Attorney Today
Demonstrating that a doctor’s conduct failed to meet the medical standard of care can be challenging. Local lawyers frequently work with medical experts who can testify about how a doctor should have acted and how their failure to act with reasonable care caused a claimant’s injuries.
Obtaining evidence takes time and effort, so it is best to retain legal representation as soon as possible. To learn more about how an Indiantown medical malpractice lawyer could help you recover compensation so you can move forward, call now for a free consultation.
Speak to a member of our team today.