Medical Malpractice Frequently Asked Questions (FAQs)

Q: What is medical malpractice?

A: Doctors and other medical professionals have a responsibility to exercise the same degree of knowledge, skills, and care as other professionals in their position. When they fail to do this, they could be found guilty of medical malpractice. Any deviation or mistake in care could constitute medical malpractice. A Fort Lauderdale medical malpractice attorney will need to review all the specifics of your case to determine if medical malpractice occurred. 

Q: Did I waive my rights when I signed a consent form to treat?

A: Absolutely not! When you sign a consent form, you are merely giving the authorization to undergo a specific treatment or have the physician care for you. If a doctor, nurse, or medical professional fails to perform the procedure safely or breaches their duty to provide a high level of care, then they can be held responsible for their negligence. 

Q: How long do I have to file a medical malpractice claim?

A: In the state of Florida, injured victims and their families have just 2 years from when the patient discovers or should have discovered their personal injury to file a claim. Yet Florida also has a statute of repose and claims cannot be filed more than 4 years after the physical injury occurred unless fraud, concealment, or misrepresentation can be proven. However, regardless of what is written here or on any website, a lawyer should be the one to make a determination regarding the statute of limitations or statute of repose. Contact us for more details. 

Q: I’m not sure if my injuries were the result of medical malpractice. What should I do?

A: It is not always apparent who is responsible for your injuries. Doctors, nurses, and hospital administrators often minimize the seriousness of a patient’s injuries to avoid litigation. If you have been injured in a hospital or clinical setting, it is important to discuss your case with an experienced medical malpractice lawyer. Your lawyer will be able to investigate your injury, the circumstances surrounding your injury, and any pertinent medical information to determine if medical malpractice occurred. 

Q: Who is responsible for my injuries?

A: Any medical professional could be responsible for your injury. Medical malpractice lawsuits have been filed against doctors, nurses, pharmacists, technicians, PCAs, anesthesiologists, surgeons, and even the hospital. 

Q: Will I have to go to court if I file a medical malpractice lawsuit?

A: Many malpractice claims are settled without ever going to trial; however, it is important that you are prepared in case yours does. Choosing a Florida medical malpractice attorney with extensive litigation experience is crucial. If your case does proceed to trial, you can rest assured knowing you are being represented by attorneys who excel in the courtroom and who know how to win trial cases and not just negotiate settlements. 

Q: How do I prove medical malpractice?

A: In order to prove medical malpractice and win your claim, your attorney must establish several facts beyond a reasonable doubt: 

  1. That your doctor owed you a standard of care
  2. That your doctor breached that duty of care
  3. That you sustained an injury
  4. That this injury was the direct result of the doctor’s breach of duty

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