A Florida Medical Malpractice Attorney Will Advocate for the Damages You Deserve
Recent changes to Florida medical malpractice law, commonly known as “tort reform,” have put victims of medical malpractice at a substantial disadvantage. If you try to take on a prominent malpractice insurance lawyer yourself, you may wind up having your legitimate malpractice case thrown out on a technicality.
Did you or a loved one suffer a severe injury caused by the carelessness or negligence of a medical professional in Florida? A Florida medical malpractice attorney at Callejo Law can help. If you try to make your medical malpractice claim independently, you may even have a valid claim denied on a procedural technicality.
Medical Malpractice Statute of Limitations in Florida
There is a time limit for filing your medical malpractice claim known as the “statute of limitations.” In Florida, the statute of limitations for medical malpractice is two years. Therefore, you have two years, starting from the date of the injury or the date you reasonably determined you were injured, to file your medical malpractice claim. If you miss this deadline, your legitimate claim will be time-barred.
Establishing a Medical Malpractice Claim in Florida
Filing a medical malpractice claim in Florida is complicated. To successfully file your claim, you’ll need the help of an experienced Florida medical malpractice attorney at Callejo Law. We understand the law and know how to show the four elements required:
- Duty of Care. You must first establish that the medical professional owed you a duty of care. This is a duty of care and treatment with the degree of skill, respect, and diligence as possessed by or expected of a reasonably competent physician under the same or similar circumstances.
- Breach of Duty. Next, you must show that the medical professional breached this duty of care. Put another way; the medical professional did not provide the patient with the care and treatment needed and expected of a reasonably competent medical professional under the same or similar circumstances. To establish a breach, Florida law requires that you find a medical expert practicing in the same field as the doctor who committed the alleged malpractice and obtain a sworn affidavit from the doctor. Without this affidavit, your claim will fail. This is the element that is often the most difficult to establish. Many medical professionals can be very reluctant to criticize their peer’s performance, let alone swear out an affidavit against them.
- Causation. You must also prove causation, which means that you must prove that the medical professional’s breach was the cause of your injury. Put another way; you must show evidence that, but for the doctor’s negligence, your injuries would not have occurred.
- Damages. Finally, you must show that the medical professional’s breach damaged you. This damage must be severe and significant enough to have caused extensive pain and suffering, significant medical expenses, and missed time from work.
Dental Malpractice in Florida
Dentists may also be sued for dental malpractice. Like medical professionals, dentists must comply with the established standards of care when treating patients. A dentist’s duty of care is the level of care that would be administered by another dentist’s degree of skill, care, and diligence under similar circumstances.
Essentially, dental malpractice is simply another form of medical malpractice with the same four elements. However, dentists are often more willing to help you establish a breach of duty because the competition is more intense. Dentists typically run their small shops and are not part of a vast hospital system and see the value of damage to another small shop that is part of their competition.
Let a Florida Medical Malpractice Attorney Help with Your Claim
Medical malpractice claims are complex and severe, but you don’t have to go it alone. A Florida medical malpractice attorney understands the law and how to maneuver through the four elements. We have over 25 years of experience, and all clients have Ms. Callejo’s personal cell phone number.
We are experienced, accessible, and treat every client issue with respect, understanding, and efficiency. The quality of our service has earned us a perfect 5.0 on Google Reviews. We offer free consultations, same-day returns of phone calls and emails, bilingual representation, and 24/7/365 availability.
If you’ve been injured due to a medical professional’s negligence, first seek the medical help you need from a different medical establishment and then call or email us even before you contact your insurance company.