Florida Medical Malpractice Lawsuits - Was There a Violation of the Standard of Care?

In evaluating a Florida Medical Malpractice or negligence claim, it must be kept in mind that virtually all procedures and surgeries for both adults and children have a potential for complications and a bad result or outcome.

It is well known that in most medical procedures, even if they are properly done, a certain percentage of those cases will have an unusual outcome or result. Therefore, the fact such a poor outcome or injury occurs does not necessarily mean it was caused by malpractice by the physician, surgeon, nurse or other medical provider. However, if it was caused by malpractice, then there would be a claim for damages suffered as a result of the physician's or medical provider's mistake.

When pursuing a Florida medical malpractice lawsuit, the lawyer must obtain the medical records and have them reviewed by a qualified expert. That expert must provide an affidavit stating there was negligence by the physician/medical provider which, more likely than not, caused a specific harm or injury to the child.

An experienced medical malpractice lawyer will seek the best possible medical experts to review the records and give an opinion as to whether the child was a victim of medical negligence.

In order to pursue a Florida medical negligence claim for harm suffered by a child, the injuries must typically be serious. This is simply because it takes enormous resources and expense to pursue such claims. As I said before, experts must be hired to review the records and testify the child suffered harm because the treating physician or other healthcare professional violated the standard of care.

If you feel you may have a Florida Medical Malpractice claim, contact an experienced Florida Medical Malpractice lawyer promptly, in order to comply with Florida's presuit investigation requirements, and the time limits imposed on bringing a Medical Malpractice claim.

All medical malpractice claims must be brought within a period provided by law. This is the statute of limitations. Most cases must be brought within a two year period from the time the existence of the claim was known. There are circumstances which may extend this period of time for certain claims.

This time limit is so vital and must be complied with or the case may not be brought at all. Therefore, if you feel you have a claim, you must contact an experienced Florida Medical Malpractice lawyer at the earliest opportunity to discuss the circumstances.