Steps To Take if You Suspect Medical Malpractice in Florida
If something goes wrong while you are receiving medical treatment, it can be a devastating experience. When a healthcare provider fails to follow the set standard of care and causes preventable harm, it is crucial that you protect your rights and those of your family by holding the negligent medical provider accountable. However, not every adverse outcome points to medical malpractice. But while this is the case, it is essential to take specific steps early on to protect your health and preserve any potential legal claims.
Unfortunately, as medical malpractice attorneys, we have seen many valid cases fail simply because potential claimants did not take the right steps early on. If you suspect medical malpractice in Florida, it’s a good idea to take the following steps;
- Get a Second Opinion Immediately
If you think you might have been harmed due to a healthcare provider’s negligence in Florida, your priority should be your health. Seek immediate medical attention from another trusted medical professional in the same field. Another healthcare provider can help determine whether the standard of care was upheld or if there were deviations from it that could suggest possible malpractice. Ensure you note down what different healthcare providers say.
- Document Everything
Maintain a thorough record of everything, including any treatments or procedures, names of healthcare providers, test results, and prescriptions. Write down any conversations with your healthcare providers, symptoms, and treatments. No detail is irrelevant. These details could become vital evidence if you file a medical malpractice claim.
- Preserve Evidence
Gathering as much evidence as possible is vital in preserving a potential medical malpractice claim. Beyond medical records, gather any additional materials that may strengthen your case, such as photographs of your injuries, witness statements, and any communication with the healthcare provider involved.
- Get Legal Help
If you believe you suffered harm from medical malpractice, speak to an attorney specializing in Florida medical malpractice cases. A seasoned medical malpractice attorney can help determine if you have a valid legal claim. If you have a valid claim, an attorney can guide you through the next steps. Medical malpractice cases can be complex. So, it is vital to have an attorney who can guide you through the process.
- Follow Doctor’s Orders
After your new healthcare provider provides a new treatment plan, ensure you adhere to it. Doing so not only helps with your recovery but also shows that you are taking appropriate steps to mitigate the impact of your injury. Disobeying your doctor’s orders could adversely affect the compensation you receive, even if the original medical professional was clearly at fault.
- Be Aware of Time Limits
Under Florida Statute 95.11(5)(c), you have only two years from when the malpractice occurred, or you discovered or should have discovered the malpractice to file your legal claim. However, Florida sets a maximum window of four years from the date of the accident, known as the statute of repose – irrespective of when it was discovered – to bring a medical malpractice claim. There are a few exceptions, such as cases involving fraud or cases involving foreign objects left in the body, but these are rare and require specific legal criteria to be met.
Contact Gunn Law Group, P.A. Today for Legal Assistance
If you think you’ve been a victim of medical malpractice, contact our skilled Tampa medical malpractice lawyer at Gunn Law Group P.A. to schedule a consultation and discuss your case.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html#:~:text=(c)%E2%80%83An%20action%20for,766.316%20provide%20the%20exclusive%20remedy.
