According to Florida Statutes, medical malpractice lawsuits generally must be filed within two years from the date that harm resulting from malpractice was discovered. The court will likely dismiss any lawsuit that you try to file after this time has passed.
This statute of limitations applies to surgery and all other medical care and treatment that was performed by a licensed medical professional.
Why You Should Consider a Medical Malpractice Lawyer
Two years may seem like a long time, but it can take months to fully prepare a strong and compelling medical malpractice lawsuit in order to sue a doctor after surgery.
Some medical malpractice cases can be resolved without having to go to court. A medical malpractice lawyer will take care of filing and managing an insurance claim as well as performing other important actions, such as:
- Helping you understand your legal options
- Pursuing compensation on your behalf as your legal counsel
- Negotiating a settlement with the malpractice insurance carrier
- Filing a lawsuit if the insurance company will not negotiate in good faith
While you legally could file a lawsuit on your own, it may be to your advantage to call a medical malpractice law firm for a free case evaluation.
For a free legal consultation, call 800-641-8998
How to Prove Negligence After Surgery
Doctors, surgeons, nurses, and other medical professionals are expected to deliver healthcare using accepted medical practices. This standard of care includes taking reasonable measures to prevent harm, injury, or illness.
A reckless surgeon can cause irreparable harm by acting carelessly or failing to act. Examples include:
- Operating on the wrong site, body part, or limb
- Operating on the wrong patient
- Leaving tools or other material inside the patient
- Failing to recognize patient distress during the operation
- Performing surgery while extremely fatigued, physically ill, or under the influence of drugs or alcohol
- Failing to treat surgical patients in a manner prescribed by accepted medical practices
If a surgeon’s negligence caused you to suffer an injury or illness, you could be entitled to compensation and justice. You may also be awarded compensation if negligence caused the death of your spouse, parent, child, or another family member.
Four Factors in Medical Malpractice Cases
There are certain requirements when considering a medical malpractice lawsuit.
A surgical error in itself may or may not be grounds for medical malpractice. However, you could be awarded compensation if:
- You have an existing doctor-patient relationship that establishes a standard of care according to accepted medical practices
- Your doctor breached this standard of care in some manner
- This negligence caused you to suffer an injury or illness or worsened an existing injury or illness; and
- You have damages because of this injury or illness.
It is important to act quickly if you suspect medical malpractice and not only because of the statute of limitations. You do not want valuable evidence or testimony to slip away by waiting too long.
Financial Awards You May Be Entitled To
There are two primary kinds of compensatory damages that could be awarded for a medical malpractice lawsuit: special and general. These are also known as economic and non-economic damages.
Each case is different. You may have several of the following types of damages, or you may have additional damages, but commonly awarded compensation includes:
- Restorative or corrective surgery
- Medical treatment
- Lost wages
- Diminished earning capacity if your injuries left you unable to work or to work at your previous job
- Pain and suffering
- Loss of consortium
- Diminished quality of life
- Lifecare and domestic expenses
- Wrongful death
Since you don’t have long to sue a doctor after surgery, a medical malpractice lawyer with our firm can help you recover damages. We work on a contingency basis, so you pay nothing up front, and there are no out-of-pocket fees. We are paid a portion of the compensation that we recover on your behalf.
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Who May Be Held Liable for Your Injuries and Damages
A surgeon does not work alone. There may be more than one liable party who plays a role in causing your injuries and damages.
A medical malpractice case may name several defendants, including:
- Attending doctors
- Surgical nurses
- Nurse anesthetists
- Chief of staff
- Hospital administrator
You may also seek compensation if your injury or illness is the result of substandard care in a hospital, surgery center, or private medical office.
You May Recover Compensation for a Loved One
If you lost a family member due to medical malpractice or negligence, you could be awarded compensation for wrongful death or survivorship, including:
- Medical care until your loved one’s passing
- Funeral and burial expenses
- Lost income, benefits, and financial assistance
- Pain and suffering
You Have a Short Time to Seek Compensation
A negligent surgeon should be held accountable for your injuries and damages. To learn more about suing a doctor after surgery and your potential for compensation, call Ben Crump Law, PLLC for a free case evaluation: 800-641-8998.