Orlando Medical Malpractice Attorneys
What is considered Medical Malpractice?
Medical Malpractice is the failure to do what should have been done properly medically or performing in a manner that should not have been done which leads to a identifiable injury.
Medical Malpractice cases in the State of Florida are amongst the most difficult cases to prove under the requirements of the Florida law. There is a unique statute in the State of Florida which places demands on the injured party which is rarely seen under any other area of negligence law. First, the statute of limitations, unlike an automobile accident case, is limited to 2 years from the date you knew or should have known from the date of the date of occurrence of medical negligence. In addition, there are pre-requisites or necessary requirements that must be met before one can file a lawsuit. This is called the “pre-suit screening process.”
The Pre-Suit Screening Process and Filing a Medical Malpractice Claim
The Pre-suit screening process is a very demanding upon the injured party. The primary requirement is that a complete review of medical records surrounding the event must be obtained and reviewed by a “like” specialist. This means if the Doctor specializes in an area of medicine, such as Neurology, then one needs a Neurologist to review the records. In addition to the review of records, the reviewing expert then must sign an affidavit under oath, that they believe in their professional opinion that there exists “reasonable grounds” to believe that the “standard of care” was breached in the medical community. This simply means an expert medical provider must review the records and opine that another medical specialist did something that a reasonable medical specialist would not have done or failed to do something that a reasonable medical specialist would have done.
Simply obtaining an affidavit is not sufficient to file a lawsuit. This merely begins the pre-suit process. Then this information and 2 years of prior medical records must be disclosed to the potential offending medical provider, with specific rule on how this must be accomplished. Once this step is accomplished, the potential offending medical provider then has 90 days to “investigate” the claim before they have the opportunity to potentially deny the claim, with an affidavit from an expert, saying no “breach in the standard of care” or negligence occurred.
All of this must happen before a complaint or lawsuit is ever filed. However, not only does one need a determination of a “breach in the standard of care”, a Plaintiff must also prove damages. Damages means injury. Often, we at First Choice Law, receive phone calls from potential clients, who indicate they “could have been injured” or “might have died”. The reality is the injury must be provable and identifiable.
Common Medical Malpractice Claims
There are many errors that can lead to a medical malpractice claim, including:
- Misdiagnosis and failure to diagnose properly
- Surgical errors
- Anesthesia errors
- Prescription errors
- Improper medical treatment
- Childbirth errors
Contact Our Medical Malpractice Lawyers in Orlando, FL
First Choice Law has lawyers who have succsssfully handled medical malpractice claims involving disfigurement, catastrophic injury, and death. There is no question that Medical Malpractice occurs and often the damages are unimaginable. We, at First Choice Law, have the expertise and experience to help guide you through the complexities of Florida Statute §766. If you or a loved one believes they have suffered from medical negligence, contact Jason Recksiedler or Caroline Fischer Espi and discuss your case for free. We can be reached 24/7 at 321-999-1111. You may also fill out the online form located at the top of this page and we will contact you back shortly.