What is Medical Malpractice?
When a doctor fails to act within the acceptable standards of care as defined by their field of medicine, it is considered medical malpractice. For an individual to be a victim of medical malpractice, the injury in question must have been caused directly by the failure of a medical professional to follow the tenets of trained procedures of their position. When a medical deviation causes an injury to a patient, the victim has the right to seek compensation for their injuries, including medical expenses and lost income. In addition to a failure to act, malpractice also includes failure to complete the duties and responsibilities of one’s position as a doctor, for example:
The most common medical malpractice cases involve the following:
- Failure to Diagnose
- Incorrect Diagnosis
- Childbirth Injuries
- Medication Errors
- Surgical Errors
- Anesthesia Errors
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Statute of Limitations When Filing a Medical Malpractice Case
If you plan to file a legal suit against a medical professional for injuries sustained while in their care, you must do so before the statute of limitation window passes. Florida law requires medical malpractice claims to be filed within two years of the date the injury was discovered and no more than two years since the medical malpractice occurred. It’s easy to miss these deadlines. As soon as you suspect you’ve been the victim of medical malpractice, reach out to our Naples medical malpractice attorney so we can investigate your claim and help you complete the necessary filing documents.
The statute of limitation has exceptions, such as:
- Your medical malpractice was purposefully hidden from you by a medical professional providing your care. If your case was impacted by this type of fraud, the statute of limitations would be extended to up to seven years from the date of the malpractice event.
- If the victim involved in the medical malpractice claim was a child when the event occurred, the statute of limitation deadline does not begin until the child’s eighth birthday.
These limitation extensions apply to the discovery period and not the filing deadline. A patient still only has two years from the discovery of the injury to file a claim. However, it acknowledges discovery in these provided circumstances could make it more difficult to file.
Injured by Medical Malpractice in Naples? Call Pittman Law Firm, P.L. Today!
Have you been injured by a medical professional while in their care? If you believe you have a claim of medical malpractice in Naples or a nearby community, the attorneys at Pittman Law Firm, P.L. can help. Our experienced attorneys have served the residents of Florida for many years, and we help our clients tackle the complexities of filing and finalizing a lawsuit. You shouldn’t suffer the consequences of negligent medical care alone. If you or a loved one experienced injuries because of a medical procedure, our attorneys can work with you to seek compensation for medical expenses and wages lost during your recovery.
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