We place a substantial amount of faith in our doctors to diagnose our ailments and prescribe the appropriate treatment. For many reasons, a physician’s ability to appropriately care for patients sometimes falls below the required standard of care, placing patients at risk and subjecting them to exacerbated injuries or new conditions. At the Law Offices of Adam Baron, we have helped many Florida patients bring a claim against doctors and health professionals after they discover that their care was negligent. Capable injury attorney Adam Baron can advise people in the Naples area and beyond on the process of pursuing compensation. I will treat you with the compassion you deserve while aggressively asserting your rights.Holding a Negligent Health Care Provider Liable
Florida’s statutory law determines when a patient can sue his or her physician for malpractice. In general, the statute of limitations provides that any lawsuit against a medical professional must be filed within two years from the date that the plaintiff’s injury occurred, or from the date when the plaintiff discovered or reasonably should have discovered that the malpractice occurred. Despite this allowance for future discovery, any medical malpractice lawsuit must be brought within four years from the date when the incident occurred. In the event the hospital or medical professional hid evidence relating to the incident from the patient, the statute of limitations is extended by two more years and capped at seven years.
Florida Statute Section 766 details the specific procedural rules that a plaintiff must follow to initiate a lawsuit against his or her treating physician. A plaintiff must retain an expert to testify on his or her behalf, and the expert must have specific credentials in order to provide testimony against the defendant doctor or hospital.
In general, a medical negligence case requires the plaintiff to establish that his or her doctor failed to treat the patient with the appropriate level of care. Doctors are required to treat patients with the same level of care that a reasonably competent and skilled medical professional with a similar background and from the same geographical location would have provided under the same circumstances, taking into account the patient’s condition and demographics. A plaintiff must also show that the doctor or hospital’s lack of care was the direct cause of his or her injuries. In some cases, the defendant will argue that the plaintiff would have suffered from the conditions about which he or she complained regardless of the defendant’s care, or that the plaintiff’s injuries constituted preexisting conditions. An expert witness’ testimony is key to establishing causation in a medical malpractice case.
The final step of a medical malpractice case requires a plaintiff to provide evidence supporting the damages that he or she has suffered as a result of the medical professional’s negligence, including additional medical expenses, lost wages, loss of future earning capacity, or pain and suffering.Discuss Your Medical Malpractice Claim with a Naples Attorney
If you or someone you know has been harmed as the result of a doctor’s or hospital’s carelessness, you may be entitled to compensation. Knowledgeable negligence lawyer Adam Baron has helped many medical malpractice victims in Naples and the surrounding cities pursue the compensation they deserve. I also have assisted injured individuals in Fort Myers, Miami, and Coral Springs, as well as throughout Miami-Dade and Broward Counties. Contact us online or call us at one of our regional office locations to set up an appointment now. You can reach us in Broward County at (954)-247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.