There are perhaps no more disheartening injuries than those suffered at the hands of a medical professional. All doctors, dentists, nurses, and hospitals obtain years of training that are supposed to make them qualified to treat patients.
Still, due to overwork, stress, or simple carelessness, mistakes do happen. When these mistakes are beyond what can reasonably be expected in the medical field, the practitioner may be guilty of malpractice.
Ocala medical malpractice lawyers represent patients and their families who have suffered injuries or death due to doctor error. Our personal injury lawyers work with experts in the relevant medical fields to properly evaluate and pursue all claims of malpractice including for faulty devices such as the Exactech hip replacement recall.
Florida Statute Title XLV Chapter 766 contains the rules and definitions needed for plaintiffs to pursue malpractice cases. The first and most important question to consider is if the care received qualifies as malpractice.
Florida law states that any claim for the recovery of damages based on a malpractice claim must demonstrate that the care provided breached the professional standard of care.
In simpler terms, this means that the care provided fell below the level of skill that is recognized as acceptable in the medical community. This evaluation considers several factors, including geographic area, the resources available to the provider, and the patient’s medical history.
In order to prove the case, the plaintiff or their Ocala medical malpractice lawyer must rely upon the expert opinion of another doctor who specializes in the area of care in which malpractice is alleged.
For example, if a plaintiff underwent a botched facial reconstruction, the expert must have also practiced medicine in this area for at least three years. In fact, this expert’s opinion is a key piece of the case before the trial even begins.
This is because all complaints alleging malpractice filed in court must contain a certificate stating that the plaintiff’s attorney has consulted with an expert and in that expert’s opinion there is a medical basis for the claim.
While this is not as high a hurdle to climb as in some other states which require a full affidavit to accompany the complaint, the case can still be dismissed if the certification is found to be improper.
Cases may also be dismissed if the plaintiff fails to meet the statute of limitations. This is a time limit within which the plaintiff must file their case in court. If this time limit has passed, the plaintiff will have no case no matter how severe their injuries.
According to Florida Statute Title VIII Chapter 95, any claim alleging professional malpractice must be filed no more than two years from the date of the injury.
Medical malpractice can cause some of the most debilitating yet preventable injuries in personal injury law. Medical professionals receive years of training and education to be licensed to practice medicine. Despite this, there are still instances of poor care so severe that people are permanently harmed or even killed.
Our Ocala medical malpractice attorneys help people who have suffered this unfortunate fate to hold the negligent providers responsible. We work with recognized experts in the relevant medical field to investigate all claims of malpractice and to pursue cases where negligence is present. Working together, we can help bring peace of mind and financial stability back into people’s lives.
Contact an Ocala medical malpractice lawyer at Glover Law Firm today to see how we can help.