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Is Medical Malpractice a Personal Injury Case?

Malpractice lawMedical Malpractice is a personal injury case; however, it is a very large and specific aspect of it.  It is such a complex and expensive process that many never make it out of the pre-trial phase.  The burden of proof lies with the victim or the victim’s family in the case of death.  Hiring a Melbourne, FL personal injury attorney is the only way to successfully bring such a suit to justice.

What is Medical Malpractice?

When a patient has been injured as a direct result of incompetent or negligent actions on the part of a health professional or doctor, a medical malpractice lawsuit can be filed with the court.  The claim would be filed to recover damages from further injuries incurred, lost time, wages and benefits, and personal pain and suffering.  

Medical Malpractice Requirements

In Melbourne, FL, before you can sue a medical professional, you must first issue them a declaration informing them of your intent to take them to court.  This declaration must include an affidavit from another medical professional certifying that you do indeed have valid grounds to file such a lawsuit.  Once the physician receives this notice, the process has officially been set into motion.  There is a 90 day period within which they may offer a settlement.  Time can be extended for investigative purposes.  If no settlement is reached, then the case will go to trial.  But a settlement is highly encouraged before both parties go before the judge in court.

Statute of Limitations

Within every state is a statute of limitations which sets a cap on the time frame a person can bring forth a lawsuit.  For Florida medical malpractice, that statute is set at four years from the date of the malpractice occurrence.   However, the ideal length of time should be within a two year frame of discovering the injury.  Each case is unique and an attorney is the only one who can know the exceptions and limitations to each medical malpractice claim.

Types of Medical Malpractice Injuries

The most often cases are ones that include surgeries.  Surgeries present the highest risk to both doctors and patients.  It is a risky procedure under the best of circumstances.  Sometimes things go wrong and further injuries are incurred as a result of:

  • Surgical error
  • Medication and prescription drug errors
  • Misdiagnosis
  • Delayed diagnosis
  • Nursing home negligence

It never hurts to consult with an attorney if you suspect medical malpractice.