Financial compensation for a stroke victim is possible if the stroke resulted from medical negligence. Compensation can include medical bills, lost wages, pain and suffering, and more. A Florida medical malpractice lawyer can help you document your recoverable damages and negotiate the best possible financial outcome on your behalf.
Proving negligence in a medical claim is complex, but you do not have to navigate a complicated medical malpractice claim alone. A lawyer can take on the insurance company and manage all the moving parts of your claim while you focus on getting better.
What Compensation Can You Recover For A Medical Malpractice-Related Stroke?
Treating a stroke can mean long-term medical and rehabilitative care. If medical malpractice led to your stroke, you could recover the following economic damages:
- Emergency and follow-up care
- Physical and occupational therapy
- Ambulance fees, if applicable
- Necessary future medical care
- Current and future lost wages
- Loss of future earning capacity
A stroke caused by medical negligence can also cause losses that do not have a direct financial value. These non-economic damages can include:
- Disfigurement and disabilities
- Physical pain and suffering
- Mental and emotional trauma
- Loss of enjoyment of life
If a stroke caused by medical negligence led to the demise of a loved one, the state allows specific family members to seek non-economic and economic wrongful death damages. A lawyer can help you build your compensation request and negotiate a fair and appropriate settlement.
How Long Do You Have To File A Medical Malpractice Claim In Florida?
You generally have two years to file your medical malpractice lawsuit, according to Florida Statutes § 95.11(4)(c). If the allotted time expires, the court could bar you from filing your lawsuit at all.
Meeting the filing deadline is challenging since it can vary based on many different factors. In malpractice claims, pinpointing the exact date of a medical injury is another challenge. A lawyer will help you accurately interpret and promptly comply with the statute of limitations and avoid the potentially costly risks of filing your lawsuit too late.
How Can A Stroke Result From Medical Malpractice In Florida?
There are two types of strokes. An ischemic stroke is the result of a lack of blood supply to the brain. A hemorrhagic stroke is the result of a burst or broken blood vessel. Stroke symptoms can range from slurred speech to numbness and weakness in your limbs. They can also include vision difficulties, sudden headaches, and trouble walking or maintaining your balance.
It’s important to seek immediate medical attention if you feel any of these symptoms or notice them in others since a delay in treatment could worsen the symptoms or the outcome. Unfortunately, even patients who seek help could receive negligent care. You could have a valid claim for medical malpractice if any of the following occurred:
- A provider misdiagnosed your stroke symptoms
- There was a delay in appropriate care
- Faulty monitoring for stroke prevention
- Surgical errors caused a stroke
This list is not exhaustive, and some other negligent action could have contributed to your stroke. When seeking legal help, make sure to compile all the medical records related to your current condition, along with any treatments and prognosis. These records can help your attorney’s investigation into your claim.
What Are The Legal Elements Of A Medical Malpractice Claim?
Medical malpractice claims must meet specific legal parameters. You must establish the following components of medical negligence to recover damages from the at-fault party:
- Duty of care: Proof of a professional relationship between the injured party and the medical professional
- Breach of duty: Proof that the care you received did not meet the profession’s accepted standard of care
- Damages: Proof that the medical professional’s or facility’s action (or lack thereof) caused the stroke
- Causation: Proof of the measurable financial expenses and losses you incurred due to the stroke you suffered
Proving these elements is a critical part of your claim, but you do not have to do so alone. A lawyer can investigate your case in detail, including handling the potentially daunting task of evidence collection.
Is It Worth Hiring A Medical Malpractice Attorney In Florida?
You do not have to come up with a large retainer or pay any of the upfront fees necessary to prepare your medical malpractice claim. A Florida law firm will cover:
- Investigation fees
- Evidence collection
- Expert consultations
- Deposition costs
A lawyer in your area will accept your claim on a contingency fee basis, meaning they only receive compensation if and when you do. If you do not receive compensation, you will not owe any legal or attorney’s fees at all.
Is A Certificate Of Merit Required For A Stroke Caused By Malpractice?
A Certificate of Merit is mandatory for every medical malpractice case, according to Florida Statutes § 766.104. It must include a medical expert’s statement that substantiates the merits of your claim.
A lawyer can retain a qualified medical expert to complete the Certificate of Merit. They can also collect evidence that proves the validity of your claim and the value of your recovered damages.
What Evidence Do You Need To Sue For A Stroke in a Florida Malpractice Claim?
A compelling evidence collection will tell the story of your stroke and its cause and contributing factors. Evidence that can prove these elements includes:
- Medical records, describing the type of stroke you suffered and its cause
- A written prognosis, describing future care and maximum medical improvement
- Witness statements from your physician and members of your healthcare team
- Journals and other statements describing the changes to your life and lifestyle
Bring any evidence in your possession to your attorney. Their investigation will add to your accumulated evidence and result in a robust case file.
Get A Free Medical Malpractice Claim Evaluation Now
If you or someone you love suffered a stroke caused by medical negligence or malpractice, you could recover damages. Our law firm will file an insurance claim or lawsuit to fight for your financial recovery.
Find out what compensation is available for stroke in a Florida malpractice case when you call Anidjar & Levine. We look forward to finding out how we can help during your free consultation.
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