4 Things To Learn About Your Malpractice Claim

One of the most important things to know about medical malpractice cases in Florida is the statute of limitation is short. It’s two years. Not everybody knows that they’re a victim of malpractice when they suffer adverse consequences of some medical procedure. It may pop up later. As soon as you are aware that you have an adverse reaction to some medical procedure, you should check with a lawyer like ours that specializes in medical malpractice claims so that you do not allow the statute of limitations to run, because if you do, then your claim is forever barred.

One of the largest mistakes that we see with people that have medical malpractice claim is not pursuing them timely. Florida has a short statute of limitation of two years for medical malpractice cases, plus there are other hurdles that you have to jump through to pursue the claim, including obtaining an affidavit from a qualified medical expert explaining that how the underlying medical procedure or treatment was deviated from the standard of care, and as a result of that deviation, the party suffered damage.

The value of every case that we handle varies greatly dependent on how the injury affects the person and their families and loved ones. There is no magic rule. There are no hard numbers. There’s no magic formula. We really look at how the injury affects the lifestyle and ability to earn money and the amount of medical expenses a person earns, but generally, it really boils down to how the injury affects the person’s ability to do their activities in daily living and enjoy life.

A lot of clients ask us whether or not they should talk to the insurance company on any type of claim, including medical malpractice cases. The general rule is no. They will try to make it sound like they’re your friend, they’re caring about you, but at the same time, their real motivation is to find out information they can use against you down the road if a claim is brought or prosecuted. Our general advice is do not speak with the insurance company but rather speak with an experienced medical malpractice attorney. You can contact us here at Goldstein Buckley Cechman, Rice & Purtz for more information in this regard.