Reviewing Laws With A Medical Malpractice Attorney In Hollywood, FL

by | Aug 14, 2017 | Lawyers

In Florida, federal health care laws apply to any occurrence of a low standard of care. Under the laws, doctors must provide medical services based on their abilities. These abilities must present high standards of care. If the doctor cannot provide a high standard of care, they must refer the patient to another physician or surgeon. A Medical Malpractice Attorney Hollywood FL represents patients who were the victims of inadequate medical services.

What Statute Applies to Medical Malpractice?

Florida State Statute 95.11 Section 4B applies to a medical malpractice case. Under the statute, all patients who became the victims of these events have a window of two years to file a lawsuit. Under the statute, the victim has a four-year window for any related conditions that are discovered at a later time. An additional exception is if fraud was discovered or if the patient is under the age of eight years old. Under these exceptions, the statute provides an additional two years or until the child reaches the age of eight to file a legal claim.

Is a Doctor’s Testimony Required?

Yes, the lawsuit requires the testimony of a doctor that shares the same credentials as the defendant. This indicates the doctor has the same understanding of procedures, protocols, and laws as the defendant. Their role in the lawsuit is to identify the exact error that produced the injury. They must also present an alternative action that could have prevented the error in the first place.

What are the Most Frequent Cases?

A medical malpractice isn’t limited to surgical procedures. However, surgical procedures make up the greater portion of these cases. A medical malpractice exists if the doctor failed to diagnose a condition at an earlier stage when possible or provided the wrong treatment.

In Florida, medical malpractice claims enable patients to seek damages when a doctor’s diagnostic or treatment error caused an injury. The patients may require a second doctor to correct the condition or provide a different diagnosis. Victims of these events can contact a Medical Malpractice Attorney Hollywood FL through the Law Offices of McCullough & Leboff P.A. for an appointment today.

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