Each year, thousands of medical mistakes lead to serious injury and in some tragic cases, death. Medical providers, such as doctors, nurses and hospitals, have a duty to provide appropriate care. Where a medical provider fails to provide the care that a reasonable medical provider would under similar circumstances, they have breached the standard of care. That breach may give rise to a claim for medical malpractice. While healthcare providers will aim to provide the highest standard of care for a patient, there are catastrophic instances in which there are errors that result in substantial injury, illness, or death.
4 Steps to Take When You’re Injured due to Medical Malpractice
Medical malpractice cases can be complicated because of such factors as evidence, witnesses, equipment, employment status at the facility, and even waivers that a patient may have signed prior to receiving care. Additionally, it is important to note that if the doctor or facility is a government facility or city, state, or county hospital, the damages recoverable for their wrongdoing may be capped by statute. If you or a loved one was seriously injured or suffered a fatality due to malpractice or other negligence, it is important to follow the proper steps from the very beginning to help protect your rights if you seek to recover damages.
- Get the medical care that you need. – Just because you are pursuing a medical malpractice claim does not mean that you should wait to seek medical care for your injuries or illness. Do not hesitate to seek proper treatment for your injuries or illness. In fact, failing to seek timely medical care and follow doctor’s recommendations can be a defense to your claim. Remember to keep documentation and billing records for any care you receive and provide those to your lawyer.
- Reach out to a lawyer as soon as possible. – Because you have a limited amount of time to file a claim, it is imperative to contact a board-certified lawyer as soon as possible. Generally, the statute of limitations when filing for a medical malpractice claim in Florida is *two years.
- Preserve any evidence. – Your lawyer will ask for any evidence to further investigate your claim. Be sure you or your loved one has a file containing photos, videos, and medical documentation ready to hand over to your attorney. The photos and videos can be documentation of side effects sustained from improper diagnosis or photos/videos of the injury resulted.
- Accumulate medical records. – This is an important step because sometimes medical records may be misplaced.
Miami Lawyers Protecting Florida’s Families
At Panter, Panter & Sampedro, we have Board-Certified Attorneys ready to handle you or your family’s medical malpractice case. We have a strong record of verdicts and settlements for medical negligence cases involving a wide range of malpractices such as:
- Birth injuries
- Surgical errors
- Emergency room errors
- OB-GYN errors
- Pharmacy and medication administration errors
If you or a loved one have suffered an injury or death due to medical negligence of a doctor, nurse, or health provider, please contact us directly by calling (305) 662-6178 or visit our Medical Malpractice page for more information. Let our family help your family.
*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.
Resources
“What Steps Should I Take If I Think I Have A Medical Malpractice Issue?” (January 14, 2020) Retrieved June 22, 2020, from https://youtube.com/watch?v=dFIPrOx8edY
