Two years is generally how long you have to sue a doctor after surgery in Florida. Per Florida Statutes § 95.11(4)(b), this two-year window is the deadline for medical malpractice cases. There may be exceptions to this deadline. Speaking with a malpractice lawyer is a sure way to find out how long you have to sue.
Does the Two-Year Deadline Change When Suing a Doctor?
The two-year window may not necessarily change in any case. However, an important date is when you discovered that you’d suffered harm from surgery.
If it was immediately apparent when you woke up from surgery that you’d suffered harm, then your two-year window may start right then. If signs of injury didn’t emerge for a month, or a year, then your two-year window might start from that date—not the date of your surgery.
Medical cases can be complex. Not only are you dealing with legal rules and concepts, but also technical, medical issues. Therefore, you should hire an experienced medical malpractice attorney to lead your case.
Can I Sue for a Surgery That Proved Harmful?
Medical malpractice laws exist for victims of negligence. Florida’s civil code requires most people, including medical malpractice, to exercise a duty of care. For doctors completing surgery, this means:
- Informing the patient of the risks of surgery
- Obtaining informed consent from the patient
- Using sterile materials
- Being alert and sober during surgery
- Taking all possible steps to protect the patient from harm
Medical facilities have a duty of care, too. They must vet medical professionals, provide safe medical equipment, and take all available steps to protect patients. You can generally sue for a surgery when:
- A medical professional or facility owed you a duty of care
- The doctor or facility breached their duty of care
- The breach of duty of care caused you harm
- You can prove the harm that you’ve suffered
This is the process for proving negligence. Again, a medical malpractice lawyer from our firm can make this case for you.
What Are Forms of Medical Negligence Specific to Surgery?
No two surgeries are the same. You had specific ailments and risk factors that other patients do not. It was your doctor’s duty to know your risk factors and prepare for complications during surgery. A medical professional may have failed you by:
- Completing the wrong type of procedure
- Completing any procedure that you did not consent to
- Causing harm through reckless surgical actions
- Leaving a foreign object within your body
- Failing to administer sufficient anesthesia
- Administering too much anesthesia
- Responding inappropriately – or not at all – to your distress during surgery
- Using dangerous medical tools
- Causing harm of any sort
Distraction is not an excuse for negligence. If a medical professional is psychologically or emotionally compromised, it’s their duty to recognize this. They should not perform surgery while distraught. They must absolutely not operate while under the influence of alcohol or illicit drugs.
How Can a Malpractice Attorney Help Me?
A medical malpractice lawyer will handle your case from start to finish. In addition, we help victims of medical malpractice by:
Investigating the Circumstances of Your Injuries
We represent clients who’ve been personally injured by negligence. We also represent those who’ve lost a loved one because of malpractice. In either case, we investigate the circumstances that caused harm. We can:
- Review all relevant medical records in your possession
- Obtain medical records from a doctor and medical facility
- Interview witnesses to the malpractice
- Consult experts in the medical field
- Consult doctors who’ve treated the effects of your botched surgery
- Reconstruct the surgical errors that caused you harm
We’ll create a vivid picture of your surgery and its resulting losses.
Handling All Legal Aspects of Your Case
We know the deadlines for suing a doctor after surgery. So, we’ll file your malpractice claim in advance of the filing deadline (time permitting). Our team of attorneys and paralegals will oversee all other case-related duties. We will fight until we’ve secured a settlement or judgment for you.
Identifying All Your Recoverable Losses
The effects of a harmful surgery can be long ranging. We will document your current losses and project future damages. Recoverable damages in your case may include:
- Pain from surgical injuries
- Emotional and psychological trauma
- The cost of the negligent surgery
- The cost of treatment for effects of the surgery
- Counseling
- Medications
- Lost income
- Lost earning power
- The cost of medical equipment
You will tell us how your surgery has affected you. We’ll consider your account and conduct our own investigation. We’ll secure as much documentation as possible.
Learn More By Discussing Your Case with a Medical Malpractice Attorney Today
Malpractice cases can be overwhelming for non-lawyers. These cases require much time and effort between complicated medical concepts and the actual process of completing a lawsuit. Let the Law Offices of Anidjar & Levine help. You worry about getting better and we will take care of everything else.
Call us today at 1-800-747-3733 for a free consultation. Remember the deadline for filing your case – don’t wait to call.
