Who Can Sue for Medical Malpractice in Florida?

If you or a loved one has suffered due to the negligence of a healthcare professional, you might be wondering, “Who can sue for medical malpractice in Florida?” At MANEY | GORDON Trial Lawyers, we understand the complexities surrounding these cases and are here to help you navigate the legal system. Medical malpractice cases are serious, and understanding who is eligible to file a lawsuit is the first step toward justice. Let’s dive into the details of who can sue and what makes these cases so unique in the state of Florida.

What Qualifies as Medical Malpractice?

Before determining who can sue for medical malpractice in Florida, it’s essential to understand what qualifies as medical malpractice. Medical malpractice occurs when a healthcare provider deviates from the standard of care, leading to injury, harm, or even death. This could be due to errors in diagnosis, treatment, surgery, or follow-up care. In Florida, medical malpractice claims are governed by specific laws and regulations, making it crucial to work with an experienced legal team.

At MANEY | GORDON Trial Lawyers, we’ve handled hundreds of medical malpractice cases, ranging from surgical mistakes to birth injuries. Our team is well-versed in Florida’s medical malpractice laws and can help you determine if your case qualifies. But who exactly is eligible to sue for medical malpractice?

Who Is Eligible to File a Medical Malpractice Lawsuit?

In Florida, several individuals may be eligible to file a medical malpractice lawsuit. It’s important to note that not just anyone can pursue a claim; eligibility depends on the relationship between the injured party and the person filing the lawsuit.

1. The Patient: The most obvious party who can file a medical malpractice lawsuit is the patient who suffered harm due to negligence. If you experienced substandard care that resulted in injury, you have the legal right to file a claim.
2. The Family of the Patient: In some cases, if the patient is unable to file a lawsuit due to death or incapacity, their family members can file on their behalf. Florida allows the spouse, children, or parents of a deceased or incapacitated patient to pursue a claim under the state’s wrongful death laws or if the patient is a minor or mentally incapacitated.
3. The Estate of a Deceased Patient: If a patient passes away as a result of medical malpractice, the personal representative of their estate can bring forth a lawsuit. This is particularly common in wrongful death claims, where the estate seeks compensation on behalf of the deceased’s beneficiaries.

Key Legal Information for Medical Malpractice Cases in Florida

Now that you know who can sue for medical malpractice in Florida, let’s discuss some key legal factors that impact these cases. Florida law imposes several requirements that must be met to successfully pursue a medical malpractice lawsuit.

One of the most critical factors in medical malpractice cases is the statute of limitations. In Florida, the statute of limitations for filing a medical malpractice claim is typically two years from the date the injury was discovered, or should have been discovered. However, there are exceptions, such as cases involving fraud or concealment by the healthcare provider, which can extend the deadline. It’s important to act quickly to avoid missing the deadline for filing your claim.

Florida also has strict pre-suit requirements for medical malpractice claims. Before a lawsuit can be filed, the claimant must notify the healthcare provider of their intent to sue. This includes obtaining a medical expert’s affidavit that confirms there is a reasonable basis for the claim. This process can be time-consuming, making it vital to work with a law firm that understands the intricacies of Florida’s legal system.

At MANEY | GORDON Trial Lawyers, we handle all aspects of the pre-suit process, ensuring that your case is built on a strong foundation from the very start.

Common Questions About Medical Malpractice in Florida

What Compensation Can I Recover in a Medical Malpractice Case?

If you file a medical malpractice lawsuit and win, you may be entitled to recover compensation for medical bills, lost wages, pain and suffering, and in some cases, punitive damages. In wrongful death cases, surviving family members may also recover damages for funeral expenses and loss of companionship.

What is the Burden of Proof in a Medical Malpractice Case?

In Florida, the burden of proof in medical malpractice cases lies with the plaintiff. You must prove that the healthcare provider’s negligence directly caused the injury. This often requires expert testimony and detailed medical evidence, which MANEY | GORDON Trial Lawyers will gather on your behalf.

Can I Still File a Claim if I Signed a Consent Form?

Signing a consent form does not automatically waive your rights to sue for medical malpractice. Consent forms typically cover known risks of treatment, but they do not protect healthcare providers from liability for negligence. If your injury was caused by substandard care, you may still have grounds for a lawsuit.

Differentiating MANEY | GORDON Trial Lawyers From Other Firms

Choosing the right legal representation can make all the difference in a medical malpractice case. MANEY | GORDON Trial Lawyers stands apart from the competition in several key ways:

Recognized by Super Lawyers®: We have multiple attorneys who have been recognized by Super Lawyers® for over a decade, showcasing our commitment to excellence and the respect we’ve earned in the legal community.

National and State Board Certifications: Our firm holds national and state board certifications, meaning we meet the highest standards of legal knowledge, professionalism, and ethics. This certification is a rare accolade that sets us apart from other firms handling medical malpractice cases.

Giving Back to the Community: At MANEY | GORDON Trial Lawyers, we believe in making a difference not only in the courtroom but also in the community. We are actively involved in charitable works, supporting causes that matter to the people we serve.

These are just a few reasons why you can trust MANEY | GORDON Trial Lawyers to handle your medical malpractice case with the care and dedication you deserve.

Take Action Today to Learn More About Who Can Sue for Medical Malpractice in Florida

At MANEY | GORDON Trial Lawyers, we proudly serve clients throughout Florida, including Tampa, Clearwater, St. Petersburg, Palm Harbor, Carrollwood, and other nearby cities. No matter where you are located, our experienced team is here to provide the legal representation you need to seek justice.

If you or a loved one has been affected by medical malpractice, don’t wait. Call MANEY | GORDON Trial Lawyers today for a free consultation. Let us help you determine who can sue for medical malpractice in Florida and guide you through every step of the legal process.