Lakeland Medical Malpractice Attorney

No matter your reasons for seeking medical help, you deserve to be treated with accepted standards of care. If your medical provider or facility deviated from such standards, and you were injured as a result, you may be entitled to financial damages. A Lakeland medical malpractice attorney from Capaz Law Firm can help you fight for the compensation you need to move on with life.

There are approximately 250,000 deaths per year attributable to medical errors, making this the 3rd leading cause of death in the United States. Some victims will lose an arm or leg, the ability to walk or do their job; others will lose their lives or their loved ones.

If you or a family member suffered at the hands of a trusted medical professional, don’t hesitate to reach out to an experienced medical malpractice attorney in Lakeland. Call us at 863-400-6151 to schedule your free case evaluation.

medical malpractice lawyer

What Is Medical Malpractice?

Medical malpractice typically occurs when a physician or other medical professional, or a medical facility, fails to adhere to the standards of care. If this failure results in injury or death to the patient, the person who suffered—either the patient or their family member(s)—should speak with a medical malpractice lawyer in Lakeland about seeking financial damages.

For example, it’s the current standard of care to have the patient (or a family member if they aren’t able) mark which side of the body or which appendage they are having surgery on. If the medical team forgets to have the patient do this before their surgery and perform surgery on the wrong site or limb, they have committed medical malpractice. Had they followed the standard of care, this error would likely not have happened.

Pre-Suit Requirements in Medical Malpractice Cases

Although medical malpractice is a personal injury claim, it is often much more complicated than other types of cases, necessitating an experienced Lakeland medical malpractice lawyer to represent the victim and their family. Your attorney must first perform a pre-suit investigation to determine who was negligent. If they can’t finalize this investigation within the original deadline, they can ask for one 90-day extension. It’s possible that during this time, the parties may attempt settlement negotiations.

During the pre-suit investigation, the injured party’s Lakeland medical malpractice attorney must provide each potential defendant (at-fault party) notice of intent to initiate litigation before they proceed with doing so in court. The at-fault parties are allowed to ask the other party questions to investigate the liability of their client.

Suppose one or both parties fail to follow the pre-suit notice, investigation, and discovery procedures. In that case, the court has the authority to dismiss any claims or defenses that may arise. These pre-suit requirements in medical malpractice cases can become quite complicated and are best left to a seasoned Lakeland medical malpractice lawyer who knows how to handle them.

Medical Malpractice Statute of Limitations

It’s also essential to note that while most personal injury cases have a four-year statute of limitations in Florida, medical malpractice claims are usually subject to a two-year statute of limitations. This means that if you suffer a medical malpractice injury, you generally have two years from the date you sustained the injury to bring a legal claim. If you miss this deadline, your case may be dismissed.

Call a Lakeland Medical Malpractice Attorney Today

If you or a family member suffered harm at the hands of a medical professional you trusted, a Lakeland medical malpractice lawyer from Capaz Law Firm will be here for you. We offer free consultations to get your medical malpractice case started. Call our office today at 863-400-6151 or send us an email through our online contact form to schedule yours.


Million Dollar Advocate Forum Attorney Member

Million Dollar Advocates Forum ®

Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.

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Super Lawyers Attorney

Super Lawyers

Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.

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AV® Preeminent™ Rated

Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and

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