What to Know Before Filing a Medical Malpractice Claim
If you received inadequate care from a medical provider and ended up suffering complications, you may have grounds for a medical malpractice claim. Under tort law, providers who deviate from the most acceptable and reasonable standards of care can be held liable for the damages they cause as a result.
Of course, since medicine isn’t an exact science, proving that malpractice actually occurred can pose a challenge. As such, it’s natural to be wary of taking legal action. If you have some idea of what to expect, though, you can likely proceed with confidence.
Thankfully, while every claim is undeniably unique, there are a few generalities that almost always apply. Read on to learn what they are:
1. You Will Probably Need Testimony from Relevant Specialists
Most malpractice claims are supported by statements from medical experts. If your doctor misdiagnosed a heart attack, for example, you might enlist help from a cardiologist. If, on the other hand, you received substandard prenatal care, you may call upon an OB-GYN to speak on the minimum acceptable standards for treating patients.
If you’re wondering how on earth you’re going to find relevant specialists, don’t worry; a resourceful medical malpractice attorney can help. They should already have access to a vast network of experts who can testify on a client’s behalf.
2. You Can Include Non-Economic Damages in Your Claim
Florida tort law allows personal injury claimants to seek compensation for both economic and non-economic damages. That means in addition to the obvious losses you suffered, like medical bills, you can pursue funds for damages like pain and suffering, mental anguish, and diminished quality of life.
Keep in mind that you’re going to have to demonstrate the extent of every loss you claim, though. As such, it’s wise to start keeping a journal from day one. While your economic damages will be accompanied by documentation, your non-economic damages are intangible, so you’ll need detailed entries about the challenges you’ve been facing to prove their extent.
3. You Have a Limited Amount of Time to Go to Court
Every state has strict filing deadlines for medical malpractice actions, and Florida is no different. The most widely applied statute of limitations is two years from the date on which the incident occurred or should have been discovered through reasonable diligence. There are some exceptions to this deadline, however, so before assuming you have plenty of time, it’s advisable to consult an attorney.
Call 813-551-3907 to Discuss Your Case with a Tampa Medical Malpractice Attorney
If you’re thinking about taking action against a health care provider in Florida, turn to Capaz Law Firm, P.A. for strategic legal counsel every step of the way. Our tenacious team is not afraid to go up against even the largest hospital facilities or insurance corporations, and we have what it takes to see every action through to the end. Call 813-551-3907 or fill out the Contact Form on our website to schedule a free initial consultation with a medical malpractice lawyer in Tampa.