Systemic flaws in the healthcare sector, particularly in locations like Florida, where medical malpractice is prevalent, can only have catastrophic outcomes if they are not addressed.
For this reason, some patients or their loved ones take legal action to demand accountability and push for significant changes in the healthcare system, in addition to seeking restitution for their losses.
However, the legal implications can be tough and complicated to navigate. If you plan on holding corporations accountable for negligence, these are things you need to know.
Medical Malpractice and Statute of Limitations in Florida
According to Forbes Advisor, Florida is among the top 10 states most affected by medical malpractice, including those that involve large healthcare providers and corporations. It also ranks second in terms of the highest medical malpractice payouts. Medical malpractice, a specific type of negligence, refers to actions or inactions that cause harm or injury to a patient.
Typically, cases of medical negligence and malpractice in Florida have a two-year statute of limitations. For example, if you want to sue medical providers for causing unwanted injury, you should do so within two years from the date of the incident.
However, if your situation involves fraud or misrepresentation by healthcare professionals, you may be exempt from the two-year statute of limitations.
Elements in Proving Systemic Failures in Healthcare
To prove systemic failure and ultimately healthcare negligence, your case must have all the following elements:
- Existence of legal duty: Doctors, clinics, facilities, and healthcare providers are responsible for taking care of their patients and keeping them away from harm.
- Breach of legal duty: Those in charge of such duty failed to comply with the standards of their profession while carrying out their responsibilities.
- Causation: You must prove that the breach of duty has directly caused the injury.
- Damages: You also need to prove the actual damages you suffered following the injury, like unwanted medical expenses, lost wages, inability to work, and pain and suffering.
Gathering Evidence to File a Medical Malpractice Lawsuit
Compiling strong evidence is crucial when you plan to file a medical malpractice lawsuit against erring healthcare providers. When you find yourself in a similar situation, it is advisable to document the incident right away, as this can further support your case. You also need to gather relevant documents like medical records, testimonies from experts, and statements from witnesses.
The Law Offices of Sean M. Cleary Is Ready to Help You
Any type of legal proceeding can be overwhelming and confusing, and consulting with an experienced attorney can help in evaluating the case, collecting evidence, and guiding you through the legal process.
Attorney Sean M. Cleary can also provide the best strategies for your case to ensure you can receive the proper compensation.
Despite advancements and innovations, medical negligence arising from deeply embedded problems in the healthcare system remains a major concern in Florida. For those planning to file medical negligence or malpractice lawsuits, always remember that you don't have to fight it alone.
The Law Offices of Sean M. Cleary has assisted victims of medical negligence and malpractice in Florida for over 20 years. Reach out to us, and we can provide the support you need in these difficult times.