Medical Malpractice is essentially negligence that has been committed by a specially licensed health care provider, and that includes physicians, both medical doctors and also doctors of osteopathic medicine, nurses, chiropractors, dentists, home health care nurses, physical therapists and a handful of other specially licensed health care individuals. And essentially is it negligence that is committed in the providing or the failure to provide medical care and services. So medical malpractice is very different than the general negligence, and heading up the medical malpractice division here at Coker Law, one of the things that is so vitally important is that my team is specially designed to focus 100% of our time and effort on this very specialized are of the law. We have systems in place that are designed to move our cases efficiently and avoid many of the pitfalls that are contained within the statute, and to ultimately achieve the best result for our client.
If you or your loved one has been denied care or has been the victim of medical malpractice it is critically important that you contact a lawyer as soon as possible. The statute of limitations in a medical malpractice case is only 2 years so there is a limited amount of time with which to investigate and bring a claim. Many people ask whether or not a denial of care, a complete denial of care, can be considered medical negligence and in some cases it can, but those are rare. The more typical situation is when you have a delay of care or a premature discharge from a facility. For example: If a patient goes into the emergency department having chest pain and the physician analyzes and assesses the patient and decides to provide anti-acid and an abdomen scan and then discharges the patient. The patient goes home and ultimately passes away from a heart attack very soon after. This arguably could be medical malpractice for this physician for failing to provide the proper care that was needed based on the patient’s complaint of chest pain.
The difference between medical malpractice and a general negligence or your more run of the mill personal injury case such as an auto accident there are really 3 main differences. The first is that the statute of limitations in a medical malpractice case is only 2 years while typically in regular, run of the mill personal injury cases it is 4 years. The second is that there is a mandatory pre-suit period that Is outlined in chapter 7 66 of the Florida statute which delineates the mandatory pre-suit that every medical malpractice case has to go through. And third, before you can bring a claim for medical malpractice you have to secure expert support. In other words, you have to investigate the case, obtain all of the records, send all of the medical records to an expert for a specific and clinical review of the records, and then ultimately have a discussion with that expert and determine whether the expert is critical of the care that was provided in that case. So, although the statute of limitations is very short, the duration of a medical malpractice case can last anywhere from 2-5 years. So, it is critically important that you retain an attorney who not only has the stamina and the wherewithal to bring your case and to investigate it to the degree which it calls for, but also it is critical to retain an attorney and a law firm who has the r4esources to support these incredibly complicated, complex, and expensive claims.
Many people often ask me about the difference between nursing home neglect and medical malpractice. The reality is that they are different and they’re different causes of action brought under different Florida statutes but they are very similar. Specifically, both nursing home and medical malpractice have a statute of limitations that is only 2 years, and both nursing home and medical malpractice have a mandatory pre-suit period that plaintiffs are required to go through before a law suit can be filed in court. In medical malpractice cases the pre-suit period is 90 days whereas in nursing home neglect cases the pre-suit period is 75 days and after that time period expires is when were legally permitted to file a lawsuit in court.
The medical malpractice trial attorneys at Coker Law know that serious injuries related to medical malpractice can be devastating, and that financial losses due to such injuries can be a catastrophic blow to any family. Our goal is to obtain prompt, just and fair compensation for all of our clients’ losses. If you suspect that you or someone you love has been a victim of negligent medical care, contact Coker Law at (904) 356-6071 or click here to schedule a consultation