When Should You Consult a Medical Malpractice Attorney in Florida?

date iconMay 12, 2025

Imagine the profound trust you place in your doctor, only to discover their error caused serious harm to you or a loved one. We understand the pain, unexpected bills, and emotional distress that follow can be overwhelming, leaving you feeling understandably lost and unsure of your next steps. If you suspect injury from medical negligence, consult a medical malpractice attorney immediately; these claims have strict time limits, requiring prompt action to investigate and safeguard your claim. This guide will walk you through notice of intent, medical malpractice examples, damages, and how the right attorneys may get you a higher settlement.

How to Know if You Have a Medical Malpractice Injury?

Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care when treating a patient, resulting in some level of harm or injury. Examples:

  1. Misdiagnosing or failing to diagnose a condition leads to worsening health outcomes.
  2. Surgical errors like wrong-site surgery, nerve damage, or left-behind foreign objects.
  3. Negligent post-operative care of patients after surgery.
  4. Administering the wrong type or dose of medication.
  5. Childbirth injuries to mother or baby due to negligence.
  6. Mistakes in administering anesthesia.
  7. Poor follow-up care after discharge.
  8. Not consulting a specialist when needed.
  9. Abuse or neglect in nursing homes leads to resident injuries or death.

If a doctor or nurse fails in their duty of care and you suffer from additional injury or illness, a suit for medical malpractice may exist, and a medical malpractice attorney can determine if negligence was a factor.

What’s Florida’s Medical Malpractice Statute of Limitations?

Like all states, Florida has a statute of limitations for medical malpractice claims, limiting the time to file a lawsuit – typically two years from the malpractice date or injury discovery (or should have been discovered). You don’t want to miss this deadline as it can mean losing your chance at pursuing a claim.
Timeline for Serving Notice of Intent
To start a medical malpractice lawsuit, you first serve a Notice of Intent to Initiate Litigation at least 90 days before filing. This 90-day window gives the healthcare provider time to investigate your claim. Notably, the statute of limitations is paused during this pre-suit investigation, giving you time to submit necessary documentation and evidence with the assistance of experienced attorneys in medical malpractice.

Timeline for Serving Notice of Intent

To start a medical malpractice lawsuit, you first serve a Notice of Intent to Initiate Litigation at least 90 days before filing. This 90-day window gives the healthcare provider time to investigate your claim. Notably, the statute of limitations is paused during this pre-suit investigation, giving you time to submit necessary documentation and evidence with the assistance of experienced attorneys in medical malpractice.

Understanding the Damages You Can Recovery in a Medical Malpractice Case

If you’ve been injured due to medical malpractice, you may be entitled to recover various types of damages:

  1. Medical Expenses: Covering past and future medical bills related to the injury.
  2. Lost Earnings: Compensation for lost wages and future earning capacity.
  3. Pain and Suffering: Addressing the physical pain and emotional distress caused by the malpractice.
  4. Wrongful Death: In cases where medical negligence results in death, surviving family members may be able to pursue a wrongful death claim to recover damages for their losses.

What Can a Medical Malpractice Attorney Do For You?

At Personal Injury of Florida, our dedicated medical malpractice attorneys provide invaluable assistance by:

  • Investigating Your Claim and Proving Liability. We’ll gather medical records, consult with medical experts, and meticulously analyze the details of your case to determine if medical negligence occurred and establish the healthcare provider’s liability.
  • Aggressively Negotiating with Insurance Companies. Insurance companies often try to minimize payouts. We will fiercely advocate for your rights and negotiate a fair settlement on your behalf.
  • Take Care of All Case Details. From filing paperwork and meeting deadlines to handling communication with the opposing party, our attorneys will manage all the details of your case, so you can focus on your recovery.

Look for a firm with experience, resources, and a dedicated team like Personal Injury of Florida to ensure your rights are fully protected.

Can an Attorney Specializing in Medical Malpractice Get You a Higher Settlement?

Research shows that attorney-represented individuals often receive higher settlements. Insurers take claims more seriously with a skilled medical malpractice attorney, significantly increasing your chances of fair compensation.

Hire Personal Injury of Florida Today to Represent Your Medical Malpractice Case

If you believe you or a loved one has been a victim of medical malpractice in Florida, contact Personal Injury of Florida today for a free, no-obligation consultation. Our experienced team of medical malpractice attorneys is here to listen to your story, evaluate your case, and guide you through the legal process. We’re dedicated to fighting for the rights of injured patients in Florida and will work tirelessly to help you obtain the justice and compensation you deserve.

Call us now at 561-507-5700. We are available 24 hours a day, 7 days a week.

Speak directly with an experienced Personal Injury Attorney today at no cost to you.

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