Frequently Asked Questions About Medical Malpractice Claims
Medical mistakes are on the rise throughout the country due to the number of patients who need services as well as pressure on medical professionals to move cases forward. If you or a loved one has been the victim of medical malpractice, it is time to talk to an attorney at Valenzuela Law Firm, P.A.
To learn more about medical malpractice situations, please read through the questions and answers below. To discuss your specific case and needs, call our office at 813-217-5613 or contact us online now.
What is malpractice?
When a doctor or other medical professional causes harm to a patient due to lack of attention, negligence, omission of information or another issue, it is considered medical malpractice.
Who is responsible if I am injured or if someone died because of a medical mistake?
There may be several parties that can be held responsible, depending on the situation. Anyone whose actions directly contributed to the situation may be held responsible. This includes doctors who are making diagnoses, surgeons who are performing surgeries, anesthesiologists who are sedating patients, hospitals where procedures and treatments are taking place, nurses who are carrying out doctors’ orders, radiologists who are reading X-rays and other radiological films, and others. Our firm can assess your situation, determine the potential parties who hold liability and take action against one or more of them.
What are some common medical mistakes?
There are numerous situations that can constitute medical malpractice, including:
- Injuries during birth, labor and delivery, as well as pregnancy
- Surgical errors due to surgeons, nurses, anesthesiologists and hospital facilities
- Misdiagnosis and failure to diagnose
- Emergency room mistakes and errors due to the incoming severity and number of cases
- Doctor and nurse errors
- Misdiagnosis of or failure to diagnose cancer, heart attacks and stroke
- Errors during robotic or laparoscopic surgery
- Anesthesia errors
- Medication errors
What should I do if I think my doctor made a mistake?
You should reach out to us as soon as you have concerns about treatment or how a doctor addressed your health situation. Our firm can evaluate your case and determine if there was malpractice committed. We can then take action and help you get the compensation you deserve for the injuries you suffered.
How long do I have to file a medical malpractice claim in Florida?
The statute of limitations in Florida for lawsuits alleging medical malpractice is two years. This means that you have two years from the time you discover the medical negligence. In some cases, the error is immediately obvious. In other cases, however, it takes time for the harm to become apparent. You must file your lawsuit within two years of discovering that harm.
Although two years is the maximum time to file, it is usually a good idea to file sooner to ensure that evidence is preserved and that you can claim compensation as soon as possible.
Do I need to hire a lawyer for my medical malpractice claim?
For all practical purposes, the answer is yes. Medical malpractice claims are very time-intensive and resource-intensive, and require a combination of intricate legal and medical knowledge. You need the help of an attorney, but not just any attorney is equipped to take these cases. You’ll want to hire a lawyer with considerable experience and success in medical malpractice litigation.
How is my attorney paid? Can I afford to hire one?
Our firm takes all medical malpractice cases on contingency. This means we don’t collect any legal fees unless we help you recover money. If we are successful, the money we do collect will be a portion of your settlement or payout, which is determined in advance, so there are no surprises.