Being diagnosed with cancer can often come as a shock. You may worry about the treatments involved, the pain you may have to endure, and what the ultimate outcome will be. For women, a cervical cancer diagnosis can be particularly harrowing, especially if it could have been prevented were it not for your doctor’s negligence.

Learning that your physician did not provide you with the expected standard of care can be upsetting, to say the least. Fortunately, though, you have the right under Florida state law to file civil charges against your physician if you suffered injuries because of a lack of adequate care. A practiced attorney can go over the West Palm Beach cervical cancer case process with you and help you understand how you may be compensated for your damages.

Pre-Filing Activities

A seasoned lawyer will want to take their time investigating and gathering research relevant to a cervical cancer medical malpractice case. With the plaintiff’s permission, they can carefully review the medical records pertaining to the case, including previous medical records from other doctors or healthcare facilities, and work with medical professionals to understand what happened and whether the physician was negligent in their actions or inaction.

Statute of Limitations for Medical Malpractice

As detailed in Florida Statutes §95.11, filing a West Palm Beach cervical cancer malpractice claim must be done within two years of the date of discovering or should have discovered the injury. Although, the law allows no more than four years to elapse without a filing. There may also be other exceptions if the physician hid their fraudulent actions or if the victim is a minor.

Notice of Intent to File

Before officially filing a medical malpractice lawsuit in Florida, the plaintiff must send the defendant a notice of intent to file. This notice must include an affidavit from another physician stating that they have reviewed the details of the case and believe the claim is valid.

Upon receiving this notice, the defendant has 90 days to inform the plaintiff if they would like to settle the case. If they inform the plaintiff that they are not interested in settling the case before trial, they have 60 days or the remainder of the statute of limitations to file, whichever comes later.

Taking the Case to Trial

If a fair settlement cannot be negotiated between the two parties within 90 days of the defendant receiving the notice of intent to file, the plaintiff may officially file their claim. The cervical cancer case process in West Palm Beach then proceeds to discovery, during which both parties request and share information pertaining to the alleged malpractice.

This portion of the lawsuit can often last a year or more. If a settlement cannot be reached during this time, the case would go before a judge or a jury.

How a Medical Malpractice Attorney Can Help

If you retain a knowledgeable attorney, they could work to simplify the West Palm Beach cervical cancer case process for you. Instead of being worried or burdened with stress, a dedicated medical malpractice lawyer can keep you updated and informed about your legal options and any case you wish to pursue.

Seeking justice for your injuries should not be time-consuming or taxing on you. To learn more about medical malpractice representation and how an attorney can help handle all the steps and details that come with a case like this, call today to schedule a consultation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260