Frequently Asked Questions on Medical Malpractice

In this Section:

What is a statute of limitations?

All legal claims are governed by statutes of limitation.  A statute of limitation is the time you have in which to take legal action, i.e., to file suit.  Once this time passes, you lose your right to sue forever. 

Statutes of limitations vary according to the type of claim involved.  In simple negligence personal injury claims involving accidents, it is four years from the date of the accident.  However, when the accident results in someone’s death (a wrongful death claim), you only have two years from the date of death. 

What is medical malpractice?

A health care provider owes a duty to his or her patients to provide the care that a reasonable and prudent health care provider would have provided under the same circumstances.  That means that, in the case of a doctor for example, a doctor owes a duty to act as a reasonable and prudent doctor would have acted under the same circumstances.  When that health care provider fails to meet that standard and injures a patient, that is medical malpractice.

Can you sue anyone other than a doctor for medical malpractice?

Yes.  Chapter 766 of the Florida Statutes, the Medical Malpractice Act, provides that any “health care provider” may be sued for medical malpractice.  In addition to doctors and surgeons, the list includes physician assistants, podiatrists, dentists, chiropractors, nurse practitioners, technicians, therapists, hospitals, clinics, surgical centers, nurses, etc.

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What is a statute of limitations?

A statute of limitation is the time you have in which to take legal action, i.e., to file suit.  All legal claims are governed by statutes of limitation.  If let this time pass without filing your lawsuit, you will lose your right to sue forever. 

What is the statute of limitations in medical malpractice cases?

In claims for medical malpractice, the statute of limitations can be a little confusing.  Florida law provides you with two years from the date that you knew or should have known that medical negligence occurred, but not more than four years from the date of the negligent act.   Sometimes, it can be very difficult to ascertain just when you “knew or should have known” that negligence occurred.   It is important to remember that you lose your right to seek compensation once that time passes unless a lawsuit has been filed.  That’s why it is extremely important to speak with an experienced medical malpractice attorney as soon as possible if you suspect that you have been the victim of medical negligence. 

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What if I can’t afford to hire a medical malpractice attorney?

Don’t worry.  At Jose L. Estrada, P.A., we represent all of our clients on a contingency basis.  That means that you do not have to pay us any fees or costs unless we obtain compensation.  We will pay for all costs related to the investigation and litigation of your case up front, and will never charge you even a penny for costs or attorney fees unless your case is settled favorably. 

What do I have to prove in my medical malpractice case?

To prevail in a medical malpractice case, the plaintiff or person suing must first prove that the defendant failed to meet the standard of care, i.e., that the health care provider failed to act as a reasonable and prudent health care provider would have acted under the same circumstances.  This is done through the testimony of a medical expert (a health care provider in the same field as the defendant).  Secondly, the plaintiff must show that the injury or injuries resulted from the defendant’s negligence.

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How long will my medical malpractice case take?

That depends on many factors such as the circumstances and the obviousness of the negligence, the amount of investigation needed, the number of entities being sued, the number of law firms involved, the number of health care providers involved, the number of depositions needed, the number of medical experts involved, the availability of the judge, etc.  Although some cases may conclude within months (most unusual), most cases take from one to two years with some cases taking as long as three years.

What should I do if I think I have been a victim of medical malpractice?

You must speak with an experienced medical malpractice attorney immediately to assure the best possible outcome for your case, and to protect your legal rights to obtain compensation.  An experienced attorney will conduct and complete and full investigation of the circumstances to determine all potentially responsible parties.  Florida law places a number of time consuming legal hurdles that must be overcome, and legal requirements that must be met before you are allowed to present your medical malpractice claim.  That is why it is extremely important that you speak with an attorney who is well experienced in handling medical malpractice cases as soon as possible.

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How can I check out my doctor?

You can go to the healthcare practitioner license search to verify the Florida licensure of a health care provider.

Go to the “Final order and emergency action” search screen  to look up any disciplinary action by the State of Florida against a physician’s license.

On the Practitioner Profile Information page, you can look up a physician’s profile which will provide information regarding his/her education and training, academic appointments, specialty certifications, insurance status, proceedings and actions (prior disciplinary actions and negligence claims), etc.

The American Board of Medical Specialties  allows you to verify a physician’s specialty board certification status.

At the Florida Department of Insurance, you can look up information regarding any previously paid medical malpractice claims by any Florida doctor.

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